Consumer rights with software developers

InsideInsurance

Personally, if possible I would get a copy of the code written to date. Then I would pay another developer to review the code and estimate the effort required to complete the project. You should make it clear to them they are simply providing expert judgement and not quoting to complete the job (otherwise you risk that it will be coloured to say how bad it is etc). You can then use this to negotiate with the existing company to exit the agreement but if the code is useable you need to ensure you retain the rights to use it.

If that isnt possible its a simple negotiation over exiting with or without the code and with a (partial) refund or additional payment etc. You are somewhat negotiating after the horse has bolted so not in a particularly strong position. There is some element of deciding how likely they are to sue you if you refuse to continue and pay the remaining 50%.

On the plus side, if they really are struggling then they may be happy to cut their losses and end the agreement, hand over what they've done and walk away. This will evidently have to be done with the middleman rather than the developers. There are some very good Indian developers I have worked with but one thing I've found is that they have a strong aversion to admitting they cannot do something and will try to force something to work.

System

You also need the developers to give up the copyright in the code as they also own that. That may also be a sticking point in allowing another software house to review the code.

texranger

!!!!!! wrote: »

You also need the developers to give up the copyright in the code as they also own that. That may also be a sticking point in allowing another software house to review the code.

thats why the OP should of had a written contract with a clause that gave him the copyright to the app and coding.

i recently had a developer create a module for my WHMCS, but i insisted on a written contract and that i was given the uncoded coding along with copyright as this stops the developer releasing this themselves

InsideInsurance

!!!!!! wrote: »

You also need the developers to give up the copyright in the code as they also own that. That may also be a sticking point in allowing another software house to review the code.

Reviewing code without copyright is not going to be an issue for the other developer, though a low risk for the OP themselves.

Certainly if they went on to continue developing on the back of the code then they would want to confirm copyright was owned by the OP