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Author Topic: Internet technology contract client / IT company based in India  (Read 275 times)

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Offline Sydney

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Good afternoon, I am a client based in Europe, I contracted a company in India to developped and internet site and a back office, The job was agreed according to a contracted time frame, a precise scope of work, an amount paid in different stage based on the work delivered and as client I was to own the source code. I have always paid what was due and even mroe

The company in India did not deliver the work in full, the job is over a year late  , the company ask for more money that i paid for, I then signed a contract with them with penalty clauses for each weeks delays , teh company refused to honour those penalty , and as the work does not progress I have asked for the hand over of the source code for persisting breach of contract   and ask for the remaining settlement to supply those credentials whilst they have not deliver the job in full. The company ask for the remaining settlement due to them when the job was finished and they are not able to deliver. I tried an amicable way but they refused any settlement whilst in clear breach of contract, time and obligation

How to handle such a situation ?

Offline rajgopal sripathi

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Re: Internet technology contract client / IT company based in India
« Reply #1 on: July 15, 2016, 06:38:17 PM »
We need to see the contents of your master services agreement to provide correct advise.

What we check in Master services agreement is that
a) scope of work(software requirement specification).Also whether the contract indicates Time and material or Fixed Price contract (this is one of the major defense available to other side)
b) Deliverable's (whether source code included or just .exe files)
c) Project mile stones (moreso if the deliverable includes hosting the website and its content(both static and dynamic) and
d) penalty for non fulfillment.
e) Jurisdiction of courts (whether india or overseas)

With reference to your query, as i understand the client did not complete the work as specified or the code is full of bugs that the product/application is not working as per the High Level Design envisaged at the time of commencement of work.
So the options you have are
a) Issue notices to the other side under specific relief act and
b) Ask the other side to surrender the source code(as you have already paid substantial monies) and
c) Demand compensation for delayed work and also for costs of pending work if work done by another party and

There is no question of you paying the remaining monies.
If we can pursue the master services agreement that you had with your client, we can give you more professional advise.
Legal Win Consulting LLP
Rajgopal Sripathi


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