Small world.. 

They contacted me in late 2011 to do initial network design and server setup although we couldn't agree on pay. One thing for sure is that they were well prepared even during that time (NDA's and lawyer stuff mentioned in all meetings). This was mainly due to the founders global experience (US?) and they seem to have foreseen IP conflicts so you are dealing with a company that has been well prepared for a while...



On Wed, Feb 11, 2015 at 3:51 PM, Jared Koyier via skunkworks <skunkworks@lists.my.co.ke> wrote:
Gisho

First if this matter is in Court and you are discussing it on this forum, you would probably be some trouble(contempt of sub-judice rule). Back to your recourse,
1. You need a good advocate who understands ICT, they are not so many.
2. You will need to have all your paper trail, ie physical evidence in place. Emails, receipts, contracts with ACCESSKENYA, 
3. Coz you are the accused in a civil litigation, the burden of proof shifts to you and as such i think the most critical for you  is to prove that you were not engaged as an in-house software developer with no claim on the product.
4. You have mentioned a 20% running compensation agreement, and claim that there's actual initial payment. You will need to prove receipt of that payment and it should represent 20% of the overall collection for the defined period. This will give weight to your claim.
5.You also mentioned costs incurred on the hosting, you will need to provide evidence of costs incurred by you as an independent party. You will need to provide invoices attributed to you from accesskenya.
6. Back to the development, you will need to provide evidence that the whole product development cycle is specifically attributed to you and that CeVen were nothing more than a spectator and a beneficiary with no direct involvement in the product cycle.

The most expected line of accusation from CEVEN would be that you were a consultant engaged to provide a software and that you were compensated for your efforts. 

You have a tough case. I can propose you go for an out of court settlement, get a one off payment and agree on a maintenance contract for five years. while maintaining the software develop another software with hindsight and dont make same mistakes


Sincerely,
Jared Oyier


On 11 February 2015 at 14:03, gisho via skunkworks <skunkworks@lists.my.co.ke> wrote:

even if the other party was in here i would not worry since these are true facts which the other party hasn't denied in court apart from the ownership part.

On Feb 11, 2015 1:57 PM, "Ndungi Kyalo" <ndungi@gmail.com> wrote:
And I hope the other party isn't on this list listening in ..

--
Ndungi Kyalo

On 11 February 2015 at 13:42, gisho via skunkworks <skunkworks@lists.my.co.ke> wrote:

I have emails of the negotiation period and all the payments details. i worst comes i'll just give our the passwords. i have no issue with that.

On Feb 11, 2015 1:31 PM, "Laban Mwangi" <lmwangi@gmail.com> wrote:
Not even SMS or perhaps phone call logs showing that this was the negotiation phase, this was the part where they stopped paying and I started calling them repetitively? If worst comes to worst, don't go to jail. Give out the keys to the kingdom and work out a better solution that's cheaper or better that what your client is demanding.

On Wed, Feb 11, 2015 at 12:58 PM, gisho via skunkworks <skunkworks@lists.my.co.ke> wrote:

nothing written prio to June 2014. It was just a gentleman agreement.

On Feb 11, 2015 12:38 PM, "Josphat Karanja" <karanjajf@gmail.com> wrote:
Gisho,

Do you mean there was no written agreement of whatever type?

Even an email...which with a good lawyer can show intent? Minutes of meeting?

Get as much documentation as possible to prove your contribution.

Besides "helping you out" this should be a good case for all skunks involved in projects.

Please keep us in the loop within the limits on law..court.

Regards
...........................................................
Josphat Karanja, PMP

"We are what we repeatedly do. Excellence, then, is not an act, but a habit." - Aristotle


On Wed, Feb 11, 2015 at 11:32 AM, Patrick Kariuki via skunkworks <skunkworks@lists.my.co.ke> wrote:
https://www.youtube.com/watch?v=RdypxgHFwKg - You obviously "assumed".

Don't you wish you'd met Isaac or Jangita before shaking hands and grabbing a desk with the best view at CeVen? 

Read what Isaac and Jangita have written down carefully and spot the solution  to your dispute.  

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