I need your guidance, our Nz software company got approached by a multimillion large restaurant chain in East Africa,

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Customer: Hi
I need your guidance, our Nz software company got approached by a multimillion large restaurant chain in East Africa, requested us to install our software, as it was our proof of concept and 1st account, so we did it. Even for free.
We handed over our Nz contract and Nz NDA. They had us for over a month as they will sign, every day delaying the signature, but requesting us to implement. We implemented in 1 small business with around 20 staff plus a large one with around 200 staff. We gave around 23 logins so people can work. Work for them around 1.5 months.
Train around 60 pax, around 100 hrs of training and today the owners comeback saying sorry we can't sign the nda nor the contract. The company owner calls my business partner (lady) called her "sweetie" we are a multimillion dlls company and we will not sign. Omg! Awful way to talk to a supplier.
I'm in shock now they send an nda to us saying they are the ones who disclosed everything to us and we must sign. Omg! Is it not crazy?
Despite we gave it for free everything.
They say your nda is a nz and it don't work for me, also your software contract is from nz ( without tax) and it does not work for us.
They say we want and nda and a contract from east Africa, because the withholding tax etc.
Any clue what to do now?
Shocking
JA: Have you talked to a New Zealand lawyer about this?
Customer: no
JA: What steps have you taken so far?
Customer: none yet as I want to ask for a legal advice what to do
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that is it how we can protect ourselves and what to do
Answered by Chris The Lawyer in 5 hours 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Customer
Thank you
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Chris The Lawyer, Expert

I think you should be very careful, because normally the supplier would provide the NDA and contract and would get the customer to sign these. If they want the law of their own country (Kenya?) you would need need to get advice about their laws, but it is an unusual response.

Customer
your advise is to walk away from this deal?
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Chris The Lawyer, Expert

If they are being difficult about your terms, then I think there is a risk they may not pay

Customer
Is there an risk they steal our software idea etc?
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Chris The Lawyer, Expert

There is a risk if they have a copy of the software and it would be hard to sue them over there

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