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kill switch - is this legal.
Hey Freelance UK forum,
I've been searching the forum for about half an hour, but couldn't seem to find a topic that suits me.
I'm a flash freelancer, active in the past mostly in Belgium, but recently relocated to the UK. Currently, I'm doing a lot of work outside of my normal online work, to create kiosk type applications for use in museums etc.
Now, first a little background: One of the partners I'm working with (I focus on coding mostly) wants to integrate a killswitch into one of our applications (we haven't resorted to this in the past). Reason being, we are worried about payment regarding this particular client, who is based abroad. Generally, the problem is not non-payment, but rather they seem to always pay late. We have discussed late payments on numerous occasions, but it seems it is just part of the culture (not a part we are willing to accept however :)). (FYI, a killswitch is not something I particularly approve of, and although it might force payment, it definitely doesn't create a happy relationship with any of our customers, once this becomes standard practise).
Some further facts:
Cheers,
I've been searching the forum for about half an hour, but couldn't seem to find a topic that suits me.
I'm a flash freelancer, active in the past mostly in Belgium, but recently relocated to the UK. Currently, I'm doing a lot of work outside of my normal online work, to create kiosk type applications for use in museums etc.
Now, first a little background: One of the partners I'm working with (I focus on coding mostly) wants to integrate a killswitch into one of our applications (we haven't resorted to this in the past). Reason being, we are worried about payment regarding this particular client, who is based abroad. Generally, the problem is not non-payment, but rather they seem to always pay late. We have discussed late payments on numerous occasions, but it seems it is just part of the culture (not a part we are willing to accept however :)). (FYI, a killswitch is not something I particularly approve of, and although it might force payment, it definitely doesn't create a happy relationship with any of our customers, once this becomes standard practise).
Some further facts:
- The killswitch's effect would be: force-shutdown the computers that are dedicated to our application every 10 minutes (we deliver these machines as part of the project).
- We would hardcode a shutdown date (2 months after final invoice is due)
- We would be able to remotely disable the killswitch, should payment not be a problem
- We are communicating to the customer, exactly what we are doing (although obviously not how we are achieving this technically).
Cheers,
- Contact in PM
Safe_Collects
Messages count : 13Likes count : 1Registration : 17 April 2009Well on the plus side at least you are serious about avoiding late payment! But as you say this is quite a big step and could potentially be illegal (you would need some specific legal advice on the legality).
Is the end client aware that this is a possibility? Ie was it discussed that in the event of non payment you have the ability to withdraw services and cripple those already installed? If it wasn't we would certainly not recommend to any of our clients that this functionality be installed by the "back door".
Imagine payment is not received, you invoke the killswitch and cripple the software. If payment is then not forthcoming ask yourself how will this impact on further recovery action?
If you are forced to issue in court the court may well take a dim view if this added functionality was not discussed initially and was installed without the clients knowledge. Also if you cripple the business you may well be opening yourself to a counter claim for lost revenue etc...Credit Management & Debt Recovery Specialists Read our articles on . Moderators at a leading resource for free "dunning" advice.