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Jd's time to rant

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Well, I have just wasted most of the last three months of work at my new job. ( no, I did not lose my job )

I have been working with A vendor to get the company so they are using the more advanced features that are included in the software package, and was the sole reason I was hired.

After getting this project almost completed, the vendor informs us that they have been purchased by their biggest customer. [i](it gets worse)[/i]

They don't WANT to support anyone but themselves, so they have notified everyone that the existing support contracts are void, and we have 30 days to sign a new one year contract at over 3 times what we had been paying or they would no longer even answer the phone when we call.

If they would have given me ANY warning, I could have moved us to another package move a month ago easily, but now I have three weeks to complete the migration to a new system. Fun fun.

Has anyone else been blind sided by a vendor you have been with for years?

70 replies

by deadly ernest

as most contracts do NOT permit that under any reason - unless they pay a big penalty. I'd be having the legal people have a close look at the contract.

Of course, there is the question, can you operate the software without the vendor for the time needed to do an orderly migration.

Good luck.

by jdclyde

that is how they can void it.

and no, there is zero documentation for supporting this. All support has been them logging into the server if there is ever a problem and them fixing it.

by deadly ernest

like that of a service or software includes the contracts that were related to it before the sale and are part of the price - the new owner is required to honour the contracts unless they reach an agreement with the other parties. the people who took over the intellectual property rights take over the contracts as are.

If the company just folded and no one took over any rights to the software it would be different. in which case the other company can't legally offer support for the software. Since they offer support, it sounds like they bought out the rights, and the obligations that went with the software.

Either way, I'd get legal specialist advice on it. But start moving to another piece of software as these people are not ones you want to be dealing with long term.

If you lock them out of the server, is it likely to operate OK until you migrate safely? That's the next issue I'd be looking at here to.

Either way, whatever you do - good luck and I hope it works out OK for you.

by seanferd

That's BS. There should have been the notification of the possibility that could happen. I know businesses like to play their business close to the vest, but geez.

I've seen the same action in a different sector, but not with that type of result to clients.

by jdclyde

ALL of the customers of Penchant are now scrambling to get new packages.

It is going to be "stimulating" the economy for all of the competition because of all the startup costs. Thankfully, we have an inhouse tech (me) and so I jumped on this right away, so we are FIRST in the cue with the vendor I have selected.

by screen gems

gotta be tons of applications for that.

or delivery service? humm... in this market, you could probably find great deals from the big players....

by seanferd

At least you got in before everyone else who is in the same position. (See, you are a competitive advantage!)

by seanferd

I was going to change it entirely, and express my deep remorse and intent to find better expressions in the future.

If someone can figure out and be offended by the F, he'll surely know what the asterisk is for. I'd personally go for "?!?" or "what the heck?" if that sort of thing is a no-no now.

Wait, no, this one: "...the devil?" Sort of Dr. Watson-ish.

by jdclyde

the main thing is to keep it clean on the front page stuff, like responding to the official blogs and TROLOV, that ARE representative of the site.

Something like this, we still get a little more slack cut. :D

by jdclyde

it actually moves me backwards towards full time.

After we have the added features I was working with the last vendor, we can get a new HUGE contract. THAT is what will move me towards full time.

by shellbot

not good..
if i could offer any assisatnce i would..but i don't think i can be of any help :(

by screen gems

because I can see this method of extortion happening, if all your stuff is done on the "Cloud". While not blatant, ever increasing costs that one must pay without the ability to "shop around" ...

JD Clyde the company lawyers should look into this. I'd move to a new vendor anyways. Who's to say that the new company isn't going to change the product, or worst, badly manage the company to the point where they go broke.

by jdclyde

So that makes another reason for NOT staying with them, the conflict of interests from a competitor having full access to our system.

They are trying to get rid of ALL customers IMO and turning the company into their inhouse tech team.

by jdclyde

I don't know.

Either way, how good of support will you get from someone under those terms?

by the scummy one

they are likely just betting that everyone will fall in line and get a new contract without a fight.
However, they will likely fold when the lawyers get involved. Most likely they are looking at the smaller businesses just signing up for a new contract because legal fees may be an issue to them, and those pushing back will be kept under the original terms until the contract ends.
However, companies that pull this BS should be dropped as soon as possible. You should find another solution and leave these a-holes in the dust.

by jdclyde

and I can not see fighting to keep these people.

I have constantly banged my head against the wall because their system sucks and is way behind the technology curve.

This move is going to be a great thing for us, I just wish I had an extra month to convert.

by jdclyde

and we were on a bill by the month payment plan for the support.

We won't lose any money from them.

by the scummy one

it should go to the lawyers now. This is out of your hands as far as the contract is concerned.
The problem is, that this dispute may take some time, but a lawyer should be brought in to give the best advice. As for the 3 weeks to be completed -- not likely at this point. But this shouldnt be looked at as a failure on your part, it was outside of your realm of control. Start looking around and see what options are available, but, if they already have the contract in place, it may still be enforceable. If it is coming up on expiration -- well then, the likely alternative is to pay the new rates, or find another solution, or both (short term and long term).

by jdclyde

If we are not on, our costs would well over triple, and be locked into the contract for a year.

The three weeks is just the end of when the old vendor will support that package.

The solution I have found, it is very likely we will make that 3 weeks, including training, and my boss is well aware of the problems of going each way as I have already gone over that. They were impressed because I was able to tell them about the sale about 6 hours before it was announced from some outside sources. B-)

Yeah, while this is a headache and sucksass, it is making ME look very good because pressure does not effect me on the job, just worn out when I leave for the night.

The only thing that is REALLY annoying is the fact that EVERYTHING I did for the last three months of moving that vendors software in a direction to use new features, I now have to start from ground zero with a new vendor. X-(

by the scummy one

if it is coming up on expiration, then choices are more limited. If its expiration is not for several more months, spend a little and have the lawyers show that a fight is coming, even if it is not. It is likely that they will honor the current contract -- giving you more breathing room to switch to another vendor.

by jdclyde

all they have to do is agree, and then be slow to respond and we are so screwed.

when something goes wrong (again) it has to be going NOW.

by jdclyde

with the response time being a lot quicker with in-house, as well as things actually go down LESS with someone maintaining things instead of going on autopilot until it hits the side of a mountain. B-)

by seanferd

You mean, if someone who knows what he is doing is keeping watch, things work better, problems are less frequent and are solved faster, and you save money?

Whoa!

[At one time, I used to drive lift equipment. There was a phrase, "Drive it until it catches fire." This, of course, did happen, on more than one occasion.]

by jdclyde

other than being great sounding boards for my primal scream therapy! ;\

A glass of scotch in the evening also goes a long way. Just got another bottle of Famous Grouse. Just can't beat that for the price. I can't think of ANY other scotch in the $20 range that matches, let alone beats it, even if it is a blend. B-)

by jdclyde

right now, only drinking Sky vodka.

Absolute is absolutely crap.

What is your fav, what does it run, and why didn't you bring any to the gathering? :0

Yeah, vodka is my next venture to find a "good" one.

About the only thing I can't do anymore is the average American whiskey. We are not friends..... and just the smell turns my stomach. (exception is Jack, as long as it is straight). No more whiskey and coke for me, ever.

by shellbot

drink Smirnoff..not fancy but cheap in duty free..and doesn't give me a hangover.

In canada used to drink Polar Ice..good sh!t..keep it in the freezer..drink it straight as a shot..mmmmmmmmmmm tasty

Absolute is vile..they try and pass it off here in the pubs ..I promptly return it and dmand they replace it with smirnoff.
drink a lot of malibu as well..mild and i don't drunk off it :)

What do ya think i was drinking in Trish's red cups?? 2 parts vodka, 2 parts malibu, 2 parts OJ.. take note, THATS why I was sitting at the table smoking..I couldn't walk after a few beers 3 or 4 of those, then i hit Mike's Lmonade..ughh..was the start of a wonderful evening.
]:)

I just can't drink whisly..when i was a kid at a party, us girls started drinking whiskey and milk after everything else ran out..actualy wasn't that bad from what i rememebr..went down ok.. its the coming back up i rememebr..probably explains my extreme aversion to yogurt.

Southern Comfort used to be my drink..ah..tasty...but got blitzed on it a few years back and haven't had any since.. must maybe try having one..miss sipping on that stuff..

by seanferd

I don't mind at all if I can't use a phrase or something, but my post title was edited to WT*, which really doesn't seem to change it much for me. Only now, I can't edit it myself to correct my error in judgment.

No big deal, I just though that either the title would have been changed more significantly, or that I could further rectify the error myself.

by the scummy one

try Yukon Jack for whiskey. Similar flavor - more kick. freeze the bottle for a few hours and then drink it down (shots or guzzle is good)

by shellbot

barely do a full shot without choking..never mind guzzeling!

Well, why don't ye come to the gathering and bring some of this stuff for me then?

I will sip it..slowly..(if i like it that is)

by jdclyde

yukon jack, haven't had since highschool when I used to drink it with mt dew. we went through a lot of that my senior year.

southern. that was my "kickstart" drink for a long time. I worked second shift, and so everyone had about two hours on me by the time I could get to the bar. Would order four shots of southern and a glass of sprite. slam the shots one after another, and then slam the sprite, and damn if I wasn't caught up to everyone and ready to start drinking..... :D

Never tired polar ice.

milk? sounds like why I can't do peppermint schnapps anymore. mixed with choc milk, and mmmmmmmmmmm.

by av .

I can't believe there is no penalty for voiding that contract. A contract is legally binding. You need to have a lawyer review it to see if you can do anything. I've never heard of a vendor doing that even if the company is taken over. The new company usually honors the terms of existing contracts.

Well look at it this way, at least you have three weeks to migrate to something else and you'll end up looking like a savior in the end. Maybe the new system is better than the other one could have ever been. Still, I know it s*cks.

I've had some bad experiences with "trusted" vendors where their project manager quits during the project or the vendor company is involved in a merger/acquisition of some kind, but existing software contracts were always honored. That was the only good thing though. It made the projects extremely difficult to complete successfully because of the changes in their personnel.

AV

by jdclyde

Single worst company dealings I have ever seen in my entire life. I wouldn't recommend leased lines from them to someone i don't like. It would be just to cruel even for someone I don't like.

by jdclyde

is it would require TALKING to the beotch.... ;\

Do have another issue with her that I wonder if I should do or not, but now is not the time...... B-)

by jck

Been there, done that, have the mental scars.

Had a situation where I had that pretty much happen, cept no company change took place.

Had spec'ed out a whole new infrastructure. Got the nod for budgeting, was ready to accept the bid and cut all the POs through finance...and the winning consultant comes back and says they have to pull their bid because they were dropping their services as a rep to one corporation who was providing hardware.

Can you say...90 more days of bid requesting, review and acceptance?

Ugh...yeah...vendors can be a pain.

by jdclyde

already had purchased a server for the added functionality, and yes, it cost more for the windows licensing than it did for the server.

I have zero use for this server now, so when I phase out our Novel server that will be TWO servers we don't use/need.

by jck

If you had both signed off on the deal, you should seek counsel to go after them for the cost of things purchased to implement support for their product.

Unless of course, your contract said they could change terms anytime. Then, you're done for...like most people with credit cards.

by jck

you should require vendors from now on to only utilize Linux-based server systems.

MS is so overpriced...we don't have but one MS server where I work, and it was needed to support a certain piece of hardware.

Hope MS is done in about 10 years. I am tired of Ballmer and his car salesman enthusiasm.

by jdclyde

the first thing I asked was if they had a version that ran on linux..... :D

Why of course they don't, silly boy! :p

Well, time for a conference call! Woo Woo! the big kick-off meeting to get the migration rolling......

by jck

light a fire up some arses...and start telling vendors "we're phasing out Windows. get a linux solution."

have fun on the call. i am sitting here thinking about quitting work all together. living on welfare and staying with my parents for a while is sounding better and better every day.

by jdclyde

There are currently job openings in my area because there have been a LOT of black techs quitting their jobs because the gravy train has rolled into town. And yes, they DID state their reason for quitting is because TheObama is going to take care of them.

by forum surfer

on the unemployed bit. It does sound fun. I've thought about taking a lifestyle change and working much more stress free jobs many, many times.

Just pipe dreams though!

Judging by the looks of the cars and trucks at the welfare office and the unemployment office, I'll finally be able to get some big chrome spinny wheels if I do!

:)

by jck

a lot of whites got on the gravy train too when TheBush was president...they're called corporate executives.

Ever seen a black welfare recipient running a business get $1,000,000,000s and then pay out golden parachutes to his family members and friends that bankrupted his business?

Well, a lot of white executives did that. Several banks got billions of bailout money in 2008. Then, several executives who hadn't been fired yet conveniently took retirements and golden parachutes and ran with that and millions in stock of companies they crashed. Lovely, eh?

So, it's not just poor blacks...or even poor whites or poor hispanics...who ride the free money trail of the US government.

Welfare is welfare...whether the recipient is black or white...or whether they wear a suit and tie or a Falcons jersey and sweat pants.

But don't get the disillusionment that one handout is better than another.

by jck

I drive a little beat up, scratched up, 2000 Kia Sportage with road grime and brake dust on the wheels and I work 42-47 hours a week and drive 1.5 hours a day total to and from my job to boot.

Makes me sick when I see someone driving around a car with pimped out gear and they pretty much do nothing for their money.

Of course, that's not just welfare people either. That's overpaid people who sit in an office, get template ideas from the internet and books and present them to their employer as some ingenious idea they came up with, etc.

Ingenuity and creativeness doesn't mean copying someone's ideas. Yet, we pay "thinkers" at the top level absurd amounts and the people who think even more and actually implement things sickeningly poorly.

I still like the Jamestown Virginia model of society:

Work hard, support yourself and your own, do well for making your community work well...and you prosper.

And sit on your duff and try to live off the labor of others, you starve and die.

Gooooooooooooooo starvation!!! lol :^0

by jdclyde

"well, he hit me first mom!"

You are such a child. You think NON-poor blacks quiting good paying jobs to get on the gravy train has anything to do with anything else?

If you want to rant about something, by all means, go ahead. Try to learn to do it to other than to justify something else that is wrong, for a change.

The one has nothing to do with the other.

by jck

it has to do with taking a handout.

Whether you have a job or not should have nothing to do with how much mooching you do.

A mooch is a mooch is a mooch.

QED

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