To ask or not to pay for TK?

Question

Law in IT

Situation:
There is a client who wants a website, but from the first meeting he talks a lot about technical specifications and about the fact that he does not want to pay for it (although we did not talk about this).
There are suspicions that the client wants to get technical specifications from us for free and dump them with other developers.

How to protect yourself from this, while not forcing the client to pay for the TK?
To make a technical specification and not give the client any copies, let them read only the printed version and only within the walls of our office? I don’t want to look paranoid in the eyes of a person :)

I can’t imagine how, maybe the habrasociety will tell you?

Answer 1

drawing up technical specifications is the same work as programming and it is definitely worth taking money for it.

Answer 2

Any actions on the part of the contractor performed in connection with the project must be paid.
Development of a detailed technical specification, this is actually the development of the site. Drawing pictures and writing code according to clearly defined points is completely secondary.
Any attempt to save on the foundation at the very beginning will turn into big problems for you and the customer.
But this is ideal.
And how to act in a particular situation is up to you. Just do not expect that on Habré or on the forum or in another booth you will be greatly helped.

Answer 3

if the client needs a specification, then he must pay for it
; if he does not want to pay for the specification, then let him pay differently - for example, a non-refundable advance payment for work on the specification

Answer 4

money must be taken unambiguously, depending on the complexity of the project, this is from 10% to 30%.
below are some of the main arguments for the client:
1. site - a tool that solves the client's tasks
2. collection of requirements - work that requires time and certain experience
3. TK - systematization of requirements and a formalized description of how the client's tasks will be solved
I also want to add that you should not give up the option development of only technical specifications, the project itself can be done wherever they want. if they want to do it in another company, then you can offer the option of author's control over the implementation.

Answer 5

Accompany the TK at the time of transfer with a formal agreement (not a contract) that the copyright for the TK belongs to you, and it cannot be partially or completely used in other client projects.
Say that this is your common practice and show a fish of the same copyright agreement for the results of the work itself (website, program, system), but in which proprietary copyrights are transferred to the customer.
It will look nice and legally competent.

Answer 6

Qualitative tz. costs about 15% of the total work. Of course, someone can do it for free in order to attract customers. But in this case, it is quite expected to use this trick for your own purposes.
Practical example. Some stores place booths where you can "feel" smartphones, etc., in order to attract customers. But some customers come and click smartphones for free at these stands (wasting store resources, because smartphones wear out), and then buy the model they like in another store at a lower price.

Answer 7

First you need to find out what the client means by TK.
If this is not a state office, then it is unlikely that it means technical specifications according to GOST, which almost no one even does for money.
In 90%, an ordinary client means a banal “brief”, not even a functional specification, which, in general, can be done for free, at the same time we will stipulate after drawing up the min. terms and minimum price, as well as the cost of developing a "real" TK.

Answer 8

I would suggest making a brief TOR without details, but such that there would be as few discrepancies as possible in it. In other words, it will be more likely not even a technical specification, but formalized requirements of the customer.
And then we refine everything as it is developed and form a complete TOR, which will actually be included in the cost of the project.
Thus, you will not waste a lot of time, but you will already set the framework beyond which the customer will not be able to demand anything from you, and the real TOR will be slightly ahead of the implementation.

Answer 9

You must make not a technical specification for free, but simply a brief description of the site in parts with hours / cost. Full TK already after his consent to work with you.

Answer 10

The fact is that our TK is an integral part of the contract. Without it, the contract will not be signed.

Answer 11

It all depends on the size of the required TK and, accordingly, the interest of the client.

Answer 12

I think you don't need to ask for anything, the TOR is such a small piece of paper that simply describes the scope and requirements.
Your client friend probably wants to get a draft design or even a technical one from you, that's what you have to take.

Answer 13

Definitely need to take the money.

Answer 14

A separate contract for the preparation of technical specifications is quite a common thing in large projects. First, the TOR is paid and written, and according to the approved TOR, the cost of the project is calculated in detail.
If the customer is ready to work with you, he will accept this without question. But if he refuses, it means that he initially wanted to throw you, and you will also say thank you that you managed to get rid of him early.

Answer 15

Thanks to all! We made a conclusion for ourselves: we conclude a separate contract for the development of technical specifications.