Alternatives to ShareIt/MyCommerce/Digital River

[sft234]

Last month some finally received money at the 11th. Same in November.
Now we have the 14th and noone seems to have received any money anymore.

That's no good sign. So maybe the whistle-blowers claiming DR will declare bankruptsy at the end of January were right...

But since they still pretend to be normally running this will be a case of delayed insolvency by deception

[Pozo]

Last month some finally received money at the 11th. Same in November.
Now we have the 14th and noone seems to have received any money anymore.

That's no good sign. So maybe the whistle-blowers claiming DR will declare bankruptsy at the end of January were right...

But since they still pretend to be normally running this will be a case of delayed insolvency by deception

This is true. But it will be difficult to prove and likely they will not be fined. My employer went bankrupt in the past and they delayed payout of any bonuses and even made new contracts for severance packages with a payment date in the future for whichever it was clear to them they would be bankrupt at that time if there is no new investor. People never received that money. Nobody was ever fined. I am sure DR has lawyers that make sure what they do is borderline legal so they can get away with it.

[jonjbar]

After almost 6 months of requesting, my account has finally been terminated with the standard message:

We received confirmation with the termination of your MyCommerce account. Please note that your MyCommerce account is now officially closed from processed any further orders, and you will no longer receive any additional notifications. Please advise that your remaining balance would be held for 180 days to cover refunds and chargebacks that may be received for your recent MyCommerce orders. After that period has lapsed, your remaining balance would be paid using the payment details we have on file for your MyCommerce account.
We thank you for your previous partnership and we wish you the best of luck in all your future ventures.

Status:
- I have only received the July payment at this time
- I issued a few refunds
- I still have a largely positive sum of money that they owe me
- I completed KYC twice last year
- I sent one physical letter with post tracking per month requesting for money + account termination + fees for late payment: some have been merged in the original ticket with some kind of "we are processing your request" from time to time

[IaES]

All this talk about whether the contract is in Germany or in the USA is not relevant.

I am a UK company and I must obey UK Law. No contract in Germany or the USA or any other country can make me break UK law. Also, a German company must obey german law.

The contract we are talking about though has nothing to do with any national laws. It simply states how civil matters are agreed between two companies. For example the contact means we agree to let them sell licences for our software and they agree to give us money in exchange for those licences. It also says what the payment terms are. 15 days or 60 days or whatever. None of that is a legal issue. If one company fails to stick to the contract then it is still a civil matter and not a legal issue. You can not call the police because a company did not stick to the civil contract.

It is also quite common for that kind of contract to come under the courts in a 3rd country. DR GmbH are German. My company is British. Why should the contract me in Germany? It could, maybe it should, be in a neutral country somewhere in the middle.

But. As I said. The contract has no bearing in laws of any specific nation. The contract covers only civil matters. So moving it to the USA, or timbuktu, is perfectly legal. It still means that they, and us, must obey the laws of the country we actually operate in.

[sft234]

MyCommerce Master Services Agreement (6.4)

5. Payments and Reporting
(d) Payment. Within 30 calendar days of the end of each calendar month, Digital River will provide a statement ...
Digital River will initiate payment of the sum of the Net Purchase Price ... within 30 days of your receipt of the statement through the method of payment you select in the Administration Interface

6. Term and Termination

(a) Term. This Agreement will be effective from the Effective Date and continue until terminated (the "Term").

(b) Termination. Either Party may terminate this Agreement at any time. In addition, this Agreement may be terminated: (i)...
...if the other Party ... fails to substantially perform its obligations under this Agreement and either (A) the breach cannot be cured or (B) if the breach can be cured, it is not cured within 30 days after the breaching Party's receipt of written notice of that breach;

(c) Effect of Termination.
Upon termination, each Party (a) shall cease performance of its obligations under this Agreement

So when they don't perform their obligations (payment 30 days after statement) and you told them they didn't perform their obligations, and they don't fix it within 30 days of this complaint, the Agreement is terminated, and so they can't charge the support and platform fees introduced in the Agreement anymore

[HSchoenb]

>Your access to the Control Panel has been deactivated temporarily

Did they charge you for the platform use ?

I have not received a creditnote for December. I requested to close my account 1st week of December. So I would have to play the platform fee for December in theory.

IMPORTANT NOTE: They are allowed to charge you for a service, yes.
BUT If you do not have access to the service and customers cannot process new orders as well, then they are not allowed to charge you. If you are charged for any fee, then you do not have to pay.
In German "Keine Rechnung ohne Leistung". That is even illegal.

[toha]

Yes, but to get back these fees you first have to force them to pay out your money.

[HBaergroy]

What is the recommended way to close my MyCommerce account?

[alexgn]

What is the recommended way to close my MyCommerce account?

Physical letter or support case in the solution center. Probably both at the same time is the best.

[buttermilk]

Remove all your products, ya

[sft234]

What is the recommended way to close my MyCommerce account?

I guess there's no need for it since DR will be done anyway by the end of this month.
December 11th was the last time some have received some money. Since then nobody has received any money again.

[IaES]

What is the recommended way to close my MyCommerce account?

I guess there's no need for it since DR will be done anyway by the end of this month.
December 11th was the last time some have received some money. Since then nobody has received any money again.

DR Gone by the end of the month. I wish it were true - But people have been saying that every month since october so I fear they're just going to drag on forever.

[jcq]

Today i received an email from DR, it should be confirmed that it will be done, in some days:

...You should receive an official communication from Digital River Legal shortly. Until the legal counsel communication has been processed, we will not be able to provide any further communication to you regarding your MyCommerce account...

[HSchoenb]

Yes, but to get back these fees you first have to force them to pay out your money.

Yes, I know. But according to the contract you have 30 days to state any issue after you received the information. If they would pay after 90 days and then you state their invoice is wrong, then it might be too late.

[toha]

I wouldn't give too much on these contracts any more, because they don't care on what is written in there no more too. An with their support fees for useless "support" they make it hard for you to complain on anything. You are complaiing the fees. They answer and charge a a new fee. You are complaining again and ... This is a problem which could only be solved by lawyers and courts.