Did I handle this properly? Your thoughts...

geek4hirellc

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Hello my TN friends :D

I recently had to enforce one of my contracts with a dentist office. Basically, our phone lines do not ring until 9am and cut off at 6pm for business support. I recently changed my cell phone number because too many clients were just calling my cell phone instead. Well, the bottom line is that I was in Morocco, getting married to my now wife, and my head tech was handling most business operations while I was gone.

He informs me that somehow the dentist got his personal number (probably saved it when he called in the past) and was blowing up his phone at 6am and did not leave a message. Obviously he did not answer it. Finally, he called back at 9am, and was told that they would call back. At 11am, they called , and informed us that since we didn't answer, they brought in another IT company.

The problem was that their server hard drives all failed, literally at the same time. We had multiple backups, and when we arrived (literally about 45 minutes after they called the office number), we found that all of our GFI agents were uninstalled, and the backup hard drives were completely wiped clean.

The IT company that they called out, insisted that we did a "very bad job" setting their network, server and workstations up. He informed the doctor that the hard drives crashed and there were no backups set up. That the data recovery would cost thousands of dollars. At this point, we knew he was intentionally trying to make us look bad so we immediately took the crashed server back to our office and to our surprise was able to recover the entire data partition! We also noticed that the COA sticker was no longer on the server...

We delivered the data (with nothing as much as a thank you) to the new IT company, informed the doctor that we could not do anything else and handed him his final bill. Obviously, he is refusing to pay. Now he is calling us on a regular basis with "issues" that are "our fault". The main issue is that the COA sticker is off, which we have a feeling the other IT company took it and he is finding excuses left and right to blame us.


Bottom line is that he is convinced that we are at fault, and whenever we tried to reason with him he begins screaming at us. Our contract clearly states that any unauthorized service to the equipment covered under the agreement would void our contract and additional work would be billed at our normal hourly rates. Keep in mind that he was now calling ME on my cell phone, while roaming in another country on my wedding day. Pretty much ruined the day for me...even though it all turned out to be a good wedding in the end :D


Am I now in the wrong to ignore his phone calls now that I am back in the states, and gave him my final report on the entire situation and why we will no longer support him. Especially since he has a past due balance.....
 
I think what you did is reasonable. He made a choice to call someone else so he has to live with the consequences. Did you contract spell out things like contact times, turn around times, etc? Personally I would provide him with a final written report, all polite and everything and move on. It sounds like there is nothing you can do to make him happy.
 
I think what you did is reasonable. He made a choice to call someone else so he has to live with the consequences. Did you contract spell out things like contact times, turn around times, etc? Personally I would provide him with a final written report, all polite and everything and move on. It sounds like there is nothing you can do to make him happy.

The contract pointed out the support phone number, and all turn around times were guaranteed only to that number and during business hours. He actually just left me a voicemail a few minutes ago, claiming that he wants to schedule a time to discuss this face to face and possibly re-negotiate a contract, that the new company is too expensive. To be honest, I don't have the time for games, even though he was one of my larger clients :/

Just so frustrating.
 
Why would he expect someone to answer at 6 AM? That's the part I don't get. I don't care who it is.......I won't be answering my phone that early.
 
Wow - something about working with dentists... we had to part ways with one... and it was one of 2 clients that ended in a blow up (in 13 years).

Our dentist didn't wipe the data, but threw out patient data to a local recyclers.... and I called him out on it.

We are currently setting up a relationship with another dentist and are stepping VERY carefully, spelling everything out.

I think you handled it right. I think a clear report outlining the sequence of events is good.

We documented the entire situation with our dentist: dates, times, who called, who said what, what was our response, why we recommended what we recommended, what the consequences of failing to follow X guideline, etc.

It DRASTICALLY impacted our final outcome. It was heading towards lawsuits and the documentation helped to put things into perspective and calm everyone down.

It took me a lot of time to document it, but it was well worth it. Oh, and also not-so-subtly suggesting that I would be obliged to report his office to the dental association for failing to dispose of confidential patient information in a safe manner was also laced through the documentation... and that seemed to get his attention.

We still parted ways, but on a much more even playing field... they paid their final bill and we both agreed to put the situation behind us.

..... and I also get where you are at, personally.

We had a client who badgered the hell out of me about some trivial issue while I was in a remote hospital trying to attend the birth of my first child (a very stressful, preemie, NICU, situation).

I was really patient with her, gave her readily available fixes, even recommended sending out a competitor to resolve her issue (some ridiculous printing issue that was NOT mission critical). She wanted ME and she wanted me NOW...

I explained where I was and what I was doing, and she said, "so do you think you can come this afternoon?".

Me: <silence>

Her: "I can't print these pictures! I can wait until tomorrow morning, if that works for you."

Me: "Yeah, this isn't working out, I can no longer do work for you. Do not call again. Goodbye."

She wasn't a big client, but she has influence over a number of her friends who were also customers.

Good luck with your crap client.

And don't let the bastards bring you down!

Congratulations on your wedding!
 
The contract pointed out the support phone number, and all turn around times were guaranteed only to that number and during business hours. He actually just left me a voicemail a few minutes ago, claiming that he wants to schedule a time to discuss this face to face and possibly re-negotiate a contract, that the new company is too expensive. To be honest, I don't have the time for games, even though he was one of my larger clients :/

Just so frustrating.

At the end of the day it's a business decision and should not be made when emotions are still running high. Personally I've never had to fire a customer but I'm sure it will happen one day.

Yes, those in the medical/health care industry do seem to be higher maintenance. But you have to charge accordingly. If it was me, as long as he did not use vulgar language and make threats, I'd probably sit done to have a chat. He shared with you that the other guys are more expensive. So between that and the hassle he put you through should be grounds for a price increase. And maybe figure out how to provide expanded coverage, with an expanded price of course. When I get a drop and run request I'll tell the customer what that rate is and, miraculously, they end up saying they can wait a day or two.
 
Congrats on getting married. Morrocco? That's awesome.

I think you handled it fine. Plus you have the contracts to back it up in writing. Guy is crazy calling that early. I wouldn't have picked up either. The violated part of the contract by bringing in someone else and messing with the computers.
 
Ok I have to ask. You said you had GFI on this unit? Yet it went down with no alerts? No indications that the server was going south? Or do you think they had a minor problem, one that GFI wouldn't report via the 247 alerts, called someone else and got F'd over by them? Literally sabotaged? If GFI is setup properly you should except for the most extreme disasters have warning before the client knows a problem occurred. I find it odd that one if they had a problem they would call you back 45 minutes after the other tech left.

If you want to sit back down with them you can but I wouldn't do ANY work for them until they pay in full. And if they don't pay in full I would take them to court if the amount is significant. But I would not blame you if you politely told them you simply can't work with them any longer and to move on. If you do end the relationship then tell them that you will be happy to help with the transition provided the new IT company pays you directly for consultations. If the new IT company needs help they can pay for it figure out themselves.

When I get a drop and run request I'll tell the customer what that rate is and, miraculously, they end up saying they can wait a day or two.
Yep but occasionally you get them to pay.

I'm betting that this was no emergency at all, just something highly annoying and then they got f'd up by the scammer tech company. I am also betting that they were shopping around for a new company behind your back and THAT is how they got into the emergency. They went with someone cheaper not more expensive they either couldn't do the job or deliberately did damage and they can't admit any of this to you without loosing face.
 
I'm betting that this was no emergency at all, just something highly annoying and then they got f'd up by the scammer tech company. I am also betting that they were shopping around for a new company behind your back and THAT is how they got into the emergency. They went with someone cheaper not more expensive they either couldn't do the job or deliberately did damage and they can't admit any of this to you without losing face.

How on earth did all the backups get mysteriously hosed? Hate to say it but knowing how people are sometimes...nline's theory does have a ring of truth to it. I wouldn't be at all surprised.
 
Oh I should add that on all of my servers I have it setup to SMS text me an alert should the server go offline. It is checked every 15 minutes. So if someone uninstalls the client I would know about it within 15 minutes when the server fails to report in.
 
Congratulations on getting Married!

Sometimes it is best to walk away... I believe there was an article on here when to fire a customer/client... you might want to consider that.

All that said, I hope you do this in professional, cordial way. This means you would, of course, return ANY pro-rated version of any maintenance contracts, etc. I would not want to deal with this especially now that another firm has come in and made disparaging comments... let the dentist deal with the new guys.
 
I have a clause in my MSA that clients are required to pay for the remainder of the contract if they choose to end the agreement early or break the contract in the manner above. It would be up to you to offer to waive that or collect.
 
I have a clause in my MSA that clients are required to pay for the remainder of the contract if they choose to end the agreement early or break the contract in the manner above. It would be up to you to offer to waive that or collect.
I have the same. I bill monthly and quarterly. Yet the clients have an out, the contract also states that they are free to cancel with 30 days notice in writing. If you do the BS the client did then you will get the rest of the contract due in full. Not sure I can collect but it is in the contract and the amount was significant I might be tempted to go to court over it. Especially as he has out of scope bills due. You call someone else in behind my back, get f-cked over by them, then call me back out to save your bacon (the op states that he DID recover the data) and they still don't pay? See you in court.

I still think that the client wasn't having a problem until the other techs screwed up. He was shopping behind the @geek4hirellc back and got bit in the butt by a dishonest tech. If you can't call and ask to sit down and talk about issues before you jump ship I've got no real sympathies with him. Jerk client got what he deserved if you ask me. Karma.
 
Problem is you are still going to be made to look like an idiot in court even if you are totally right... All these disparaging things will come back at you in defense for why you shouldn't be paid being you are the plaintiff.

It is NOT worth your reputation in my limited opinion... You already know this guy is too big a PITA to want to keep as a customer, you know he thinks poorly of you even though unjustified it IS his belief, and you know you probably cannot fix this business relationship... RUN.

What he owes and what you will get paid are two different things. I would personally end all liability and refund any unused portion.

Basically, you send a notice to quit... letting him know there was an un-correctable contractual violation, and you cannot be held responsible for the work of others, etc...that you do not answer the phone prior to 9 AM by contract, etc... Moreover,that you no longer wish to do business being it is not beneficial to both parties... Specifically point out that you do not wish further animosity and will NOT be sending the account to collections, and will be waiving the cancellation fees refunding ALL the unused portion of the contract...

This is how I would handle it.... Could you keep his money? Probably! Is it good for your business? Probably not!
 
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