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Software developed and delivered without any legal paper. Now having problems with monthly maintenance and fees

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jepoy0928


Arresto Menor
Good afternoon Sir/Madam:

I would like to make my story short and exact so that you wouldn't get bored.
FACTS:
1. I developed and delivered an online system customized for a company... for a particular price.
2. The owner agreed to pay me monthly maintenance fee
3. Everything is in verbal agreement and in good faith since i was referred by his friend

PROBLEMS:
1. It is not clear whether I am selling a software or selling services since we dont have papers.
2. They stopped paying me monthly fee because of internet problems which is out of my control. They insisted that it is my duty to work with the internet service provider to bring back the service asap. There were also some minor problems encountered caused by his employees but NOT BY ME. I was not able to address these problems right away because they were not paying me monthly fees anymore.
3. They changed their admin employees and they want me to conduct a training again. I asked for travel expenses and additional payment for the training but the owner refused. So i didn't come to train.

Now, the owner wants me to give back the half of price of the system(paid monthly fees not included) and they will stop using the system. I have a summon from the barangay already.

My point is I have delivered a system they have enjoyed using it for almost 3yrs now and I dont want to give back the half of the system price. I shouldn't be obliged to maintain since I am not being paid for the maintenance. Sino po ba ang tama sa amin?

A million thanks for your response.

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