Alternatives to ShareIt/MyCommerce/Digital River

[fuseaudiolabs]

Hi HSchoenb,

Hey

Has anybody a link to the full agreement they are talking about?
I cannot find it in the Mycommerce portal.

"Within 30 calendar days of the end of each calendar month (the "Statement Date"), Digital River will provide a statement [...]"

You'll find it under "Administration" -> "Agreements" (v6.3 effective October 16th).

Best,
Ray

[HSchoenb]

MyCommerce - Digital River GmbH
Phone: +49 221 74740088
I guess these phone numbers are for customers who have ordered from MyCommerce no support for vendors.

Just to confirm:
Order support only.
Support guy refuses to connect me to his supervisor.


I have now sent a dunning letter.
Including default interest (12,37% as allowed by §247 BGB) because our last payment report was created 60 days ago. So 30 days overdue.

[Urs]

Our payment report for July was created 91 days ago.

[IaES]

That contract dated 16th October (in the future). What's the significance of that being dated in the future? Are they saying it comes into force on that date and we need to reject it in writing before that date? On the other hand they're already in breach of their own contract meaning it's null and void anyway? Or what?

[Urs]

That contract dated 16th October (in the future). What's the significance of that being dated in the future? Are they saying it comes into force on that date and we need to reject it in writing before that date? On the other hand they're already in breach of their own contract meaning it's null and void anyway? Or what?

I think the point is that both the MSA from 2021 and the new contract are unilateral changes to the original contract, which Digital River can not do without a signature from our side. We assume that both are invalid for us.

[IaES]

Agreements don't always need a signature do they? Paypal and many other businesses often amend their agreements and they notify you of the change and somewhere it says that if you don't agree then you can close your account but if you continue to use the service then it assumes you have accepted the agreement. In such cases a signature isn't required.

[Urs]

That requires though that the originally signed (or agreed to) contract in some way links to external terms and conditions. That is very common, but it isn't the case in the original agreement we signed with Digital River.

[quikquak]

It's the not knowing and waiting that's really boiling my blood. They've got to have thousands of emails and questions by now.

I'm trying to keep positive, but I can't help thinking the entire MyCommerce server is sitting in someone's spare room, not doing it's job properly, and they fired everyone that knows how it works.

[mystran]

That requires though that the originally signed (or agreed to) contract in some way links to external terms and conditions. That is very common, but it isn't the case in the original agreement we signed with Digital River.

Either that, or a clause that terms can be changed under conditions XYZ.

[Urs]

That requires though that the originally signed (or agreed to) contract in some way links to external terms and conditions. That is very common, but it isn't the case in the original agreement we signed with Digital River.

Either that, or a clause that terms can be changed under conditions XYZ.

Sure, but such a clause isn't present in the original contract, either.

[fuseaudiolabs]

FYI: https://www.thelayoff.com/digital-river

[Ilmar]

New Copy/Paste

We apologize for any inconvenience caused by the delay in your July payment. As you know, we recently conducted a thorough review of our payment processes to ensure compliance with our agreements. Unfortunately, this review uncovered some inconsistencies that have led to a temporary change in our payment schedule. To align with the terms outlined in our updated MyCommerce Master Services Agreement, we're now implementing a 60-day payment model. After this one-time shift, any subsequent payments will continue with the new go-forward interval, which means you will receive your payment on a monthly (per contract terms) cadence again.

We understand that this might impact your cash flow, and we’re truly sorry for any disruption it may cause. Our team is working diligently to resolve this issue and get your July payment processed as quickly as possible.

Please know that we value your partnership and are committed to providing you with open and transparent communication. We'll keep you updated on the status of your payment as soon as we have more information.

Thanks for your understanding.

[mystran]

I'm not their customer (thankfully), but based on this thread it all sounds an awful lot like a "we're out of cash and need to stall" tactic. Perhaps they have trouble paying for their own operating expenses? If that would be the case, then a reasonable approach would be to only pay for things that actually support your own cash inflow and stall on everything else... hoping that things resolve before you have to file for bankruptcy.

[zccKlompf]

Switch to another MoR and wait for payment from DR. Currently, no other things you can do.

[fuseaudiolabs]

Hi mystran,

I'm not their customer (thankfully), but based on this thread it all sounds an awful lot like a "we're out of cash and need to stall" tactic. Perhaps they have trouble paying for their own operating expenses? If that would be the case, then a reasonable approach would be to only pay for things that actually support your own cash inflow and stall on everything else... hoping that things resolve before you have to file for bankruptcy.

Not disagreeing with you here, I think this might be a likeley scenario. Not being able to pay expenses in the form of 3 months of funds that they owe to their vendors, likely in the dozens of millions range doesn't make much of a difference when it comes to how close they must be to bankruptcy.

Even if that's not the case and we will eventually get our payouts, anyone with a brain will do their best to switch to a new MoR ASAP, which is going to be a huge problem for them further down the line if not immediately.

What puzzles me is that there is zero transparency as to what's going on and how it will affect us customers and whether there's any chance that we'll see our money. Announcing a change to a 60 payout period first, not paying out a single dime in due time and then stopping communication altogether makes it seem like the former was an strategic and deliberate attempt of appeasing vendors in the face of things to come (deceit?).

I know I'm speculating here, but that would make things really bitter because there's zero chance for us, especially little fish, to press charges in case they file for bankruptcy.

Best,
Ray