ethaves
join:2000-05-19
Milwaukee, WI
| reply to SMALLBLUE
Re: Advice for a small company
We face circumstances similar to that which you described. One might argue that Zyan made an implied contract when it communicated that tech support was available 24/7. When the company layed off a majority of its workforce and dramatically cut the hours for tech support, its breached that contract. There may be other instances of this--such as with service level promises made.
We believe that Zyan has also breached a specific term of the contract by failing to deliver 99.9% uptime. Documentation in any legal dispute is critical and so is patience.
You may also want to consider the benefits and consequences of other courses of action, such as allowing your account to become delinquent and forcing them to disconnect your service. It is likely that Zyan will not be purchased nor find its way out of its financial mess, so you may want to wait for the company to go under. |
