A few months ago I got involved with a new technology company, TextAlaCarte Inc d/b/a Kaizen Communications, providing internet services for them.
Mike Gannon, Chris (Sonny) Liston and Bill McMeekin contacted Jason to do build a web presence and do some development work.
Jason contacted me. We built the website and I wrote a little program that would let someone maintain a database of subscribers and send scheduled SMS messages their cellphones.
People liked the first demo and people started to get excited.
As a startup, they were budget conscious and, along with programming skills, I was able to provide servers and maintenance for just $50 above my cost.
After a small shake-up (Bill moved on and Jason stepped in as CTO) things were starting to look up.
About a month ago Jason's approach to the business was not meshing with Mike's old school management style and they had a falling out.
The buzz was that while typically putting in way more than 40 hours per week, Jason was not working typical 9 to 5 hours.
Anyway, they say that's what set it off and a heated discussion followed with the result of Jason being replaced as CTO.
Most agree that this was an unfortunate turn as it was felt that Jason was the 'spark' that moved them from sending a simple coupon
to a company with some really good ideas for mobile marketing.
Some seem to believe that Curtis, a 25 yr old kid with C# programming skills and now the 'new' CTO,
was a catalyst to more frequent disagreements between Mike and Jason. Further, it was suggested that because I
work from home and was a 'Jason' hire, I should tread carefully.
Shortly thereafter I got an email from Curtis requesting that I submit an hourly time sheet each week.
You can read the email and my response below, but this seemed to reinforce what I had been hearing.
It soon became clear that Curtis' C# programming skills had to be his strong point.
He was deploying websites in a cut and paste fashion and then just bolting on an application. The
work he was/is presenting to the public is shoddy both visually and programatically.
One of my jobs was that of WebMaster (a responsibility given to me by Jason and Curtis).
While Jason was there, Curtis and I got along great. After Jason left he became guarded and our conversations
reflected that. Curtis stopped asking me to build them and wanted me to just fix the ones that he created.
I say all this as a forward to the following event(s) so you have an idea of my frame of mind when I cut their administrative access to the servers.
I guess the way to go best explain is to use the email records with some narrative tossed in to clarify my thoughts.
From: Curtis Keith [mailto:curtis.keith@kaizencommunications.net]
Sent: Friday, February 19, 2010 3:52 PM
To: 'Randy Finster'
Cc: 'Jodi Sowards'; 'Michael Gannon'
Subject: SPAM-LOW: Timesheet and Invoice
Randy,
Going forward, please submit a timesheet to me containing a description of the work you performed along with your invoice.
Because you are an hourly independent contractor (1099), we need to keep a record of the time you actually worked and what
you did instead of just billing for 40 hours each week. Once I approve the timesheet, I will forward it on to Jodi for
payment.
Thanks,
Curtis Keith
CTO
P: 904-992-8001 x201
While this is a valid request, and I acknowledged that, Curtis was already well aware of the hours I put in and had never had a problem
calling me even into the evening sometimes.
I sent him the following response
From: Randy Finster [mailto:Randy@RealWebs.com]
Sent: Friday, February 19, 2010 6:17 PM
To: 'Curtis Keith'
Subject: RE: Timesheet and Invoice
Curtis -
I don't want to rock the boat here and I'll be happy to work with you in achieving accountability.
I am currently available for well over 40 hrs per week. As a minimum I always make sure I'm available from 8 to 5 cst, as if
you asked me to come to the office.
Sometimes I just read through the log files and look stuff up. Sometimes I just fiddle about and think about how to optimize
the areas I'm responsible for.
Sometime during a work day I will stay at my desk and work on non-Kaizen related stuff instead of going outside to fly helicopters or
go visit the grandkids.
That way I'll be close to my computer and the servers and available during business hours should something come up.
To maintain the servers & services, I believe I need to always be available during extended business hours in addition to being on-call
during non-business hours.
I am currently not billing for any on-call hours, nor for any time spent working on sites or servers after hours. (note that last
night I was sending email to Tess at 8:30pm, checking files into the vault after midnight and still responded promptly to your email at 8:00 am cst today)
Now I know you wouldn’t require someone come to the office and stand by the time clock all day waiting for an assignment or a server/service
issue to come up.
If you want me to continue to be available for 45+ hours during the week plus on-call during non-business hours, I think the money
is more than fair considering the range of responsibilities and potential issues that can and do arise.
If you now need an hourly timesheet, then we need to discuss the new job description and specific responsibilities.
Give me a call to discuss what I can do to help.
Randy
I never got a response to that email and when I submitted my next invoice he simply said, "ok".
Fast forward to Tuesday, March 16 when I get this email from Curtis.
From: Curtis Keith [mailto:curtis.keith@kaizencommunications.net]
Sent: Tuesday, March 16, 2010 10:15 AM
To: 'Randy Finster'
Cc: 'Michael Gannon'; 'Marion Gaden'
Subject: SPAM-LOW: Changes to Kaizen Infrastructure
Randy,
As we are trying to get a better handle on the way Kaizen does things, we need to get better control of everything going on.
I am finding out that there are a lot of personal accounts that were used to purchase and register company property. Jason
originally registered kaizencommunications.net and textalacarte.com through a GoDaddy account, you have our other domains registered
though an eNom account, and we have our SSL certs purchased through yet another GoDaddy account. Also, I am finding that a lot
of our infrastructure (servers, dns, etc) is being run and billed through the RealWebs company. Because we cannot continue to
operate like this, I am making an effort to get everything billed to, registered to, and maintained by Kaizen personnel.
Please work with me as I try to get everything moved to Kaizen accounts, starting off with the domain names. I see the
kaizencommunication.net domain is now registered to textalacarte.com, but the administrative contact email address still goes
to Jason. We need to change this, so we can get the email to unlock and transfer the domain. The textalacarte.com
domain is still fully registered to Jason. What do we need to do to finish this? I thought we had taken the steps to
get this complete? Lastly, I need you to unlock the domains registered in eNom, so I can move those under 1 corporate account as well.
Once we get the domains under control, we will move on to the next pieces…
Thanks,
Curtis Keith
CTO
P: 904-992-8001 x201
It makes sense that Curtis would like things consolidated. I was a little confused because things were already consolidated, but I also knew
that this request had nothing to do with consolidating services to one account.
I had to convince him I was not an enemy and that things
were running smoothly, and, as I was really busy trying to overhaul the presentation of the dashboard sites (the ones the customers use), I decided I'd
explain it to him later and keep working on the sites.
The next day I tried to process a recurring invoice using the debit card on file.
It was declined.
When I called Marion (the bookkeeper that was called in after Jason left) she did not offer a replacement card,
but instead simply gave me the run around with a vauge promise to pay at a future date.
I went back to work on the dashboard sites because I noticed a few days ago that they acutally launched them looking as they do now.
(see screen shots below) when I remembered I needed to respond to Curtis' email above. The timing was incredible.
Just as I was wrapping up my response to Curtis I start getting alerts about the services begining to fail, only to discover Curtis was
busy trying to pull a 'midnight move'.
Anyway, here's the email. You can see where I was interrupted by the server alerts.
From: Randy Finster [mailto:Randy@RealWebs.com]
Sent: Wednesday, March 17, 2010 8:43 AM
To: 'Curtis Keith'
Cc: 'Michael Gannon'; 'Marion Gaden'
Subject: RE: SPAM-LOW: Changes to Kaizen Infrastructure
Curtis -
I will be more than happy to work with you in moving stuff to one corporate account, but I am a little confused here.
Except for the domains Jason has and the SSL certificates, everything 'is' in a single TextAlaCarte Account.
When Mike, Chris, Bill and Jason came to me, they told me they needed servers, websites, DNS and email services.
RealWebs was the single source provider they chose. Like many businesses, I use vendors to support the services I provide
and in turn am able to provide customers with a 'single source' for online services.
With respect to infrastructure, the TextAlaCarte account has the following services
The TextAlaCarte account leases 2 servers and 2 copies of MS SQL server from RealWebs.
RealWebs, in turn, leases the servers from a data center. This is good for TextAlaCarte because we get the servers for less money
and can command a level of support from the data center influenced by the total number of servers we lease.
Because of the relationship w/ the data center and in turn with Smarter Tools (RealWebs owns multiple licenses),
TextAlaCarte was able to get an enterprise class email server as well for a considerable savings.
The same account also provides domain name registration services to include DNS service.
All of these can be accessed by a/any designated Kaizen employee(s) via the Control Panel and/or direct server logon.
RealWebs uses the eNom API for registration services because they provide the most flexibility to support our customers.
The domain names are registered to TextAlaCarte, Inc at the correct address and phone number.
The 'OWNER' email address is an email account only you have access to.
The other contact email addresses in the domain registrations are Randy@KaizenCommunications.net.
This is so because making changes, obtaining SSL certificates, server/dns issues sometimes require a 'prompt' response.
You will recall our initial attempts to verify domain ownership in order to get the SSL certificates.
The domain registration Admin and Tech contact were both set to 'Support@TextAlaCarte.com'.
Because that account is not a role account, I was not able to respond to the verification process quickly enough as I had to wait
for Rachel to get the email, send it to you to forward to me. It was this reason specifically and in general because I am responsible
for DNS service that I changed it to my @KaizenCommications.net address. If you would like all my email copied to your
account I can certainly do that.
A better ideal might be to set up role accounts using aliases to forward departmental mail to one or more responsible persons.
I think I might have mentioned that to you in a previous email.
For all of this, from a single source, over which TextAlaCarte has 'complete' control, you pay RealWebs 'exactly' what we pay the data center.
We don't even add the premium and services charges assessed by the credit card processor, so the services above actually generate
negative income for RealWebs by about $20 a month.
The SSL certs were purchased from GoDaddy because RealWebs (nor anyone else) can compete with their prices.
In an effort to save TaC some money, I created a TextAlaCarte account at GoDaddy to purchase the SSL certs.
It saved the company over $1200.00 per year compared to VeriSign, Thawte and Comodo .
Jason registered the TextAlaCarte.com and KaizenCommunications.net domains using his personal account at GoDaddy.
The TextAlaCarte account at GoDaddy does not presently contain domain name services. (it easily could, but currently doesn't)
But it doesn't make much sense to split the domain registration services from the K2K domains' registrar where they are already
registered in the corporate name.
When he registered the domains he must have accepted the default registration information thinking he would change it later.
He should have, I thought he had as he even reminded me to be sure the registrant information was accurate for the K2K domains.
I have talked to him about getting the domains transferred and I still believe I can. Allowing me to proceed will be the best way to
insure no interruption in services on those domain names. As I said, I've talked to him about moving the domains a few times and
everything was cordial, it seems to be moving but I don't want to press. I don't want to be an alarmist, but If he gets pissed all he
has to do is change the dns server names and the lights will go out. Let me handle this. I will get them moved.
About 9 years ago, Jason was operating a floundering little web hosting company at the beach w/ Ryan McDermott.
I bought that web hosting company from him. That's it. We are not old pals, high school mates or drinking buddies (I don't drink).
I say this to let you know that my loyalties are to my customers. Jason has zero influence or sympathy from me, but I believe I have
a rapport with him that will allow me secure the TaC domain names.
My job is to help my customers look good in building a brand and internet presence.
I started RealWebs.com as a hobby about 11 years ago (check the domain registration). All I wanted to do was provide excellent
service to a few clients, friends and family. Now that I'm disabled and don't get out much (when I do I have a service dog to
help), it has become somewhat more than just a hobby.
I am able to provide you the services at the prices I do because you 'also' pay me to maintain the servers, maintain the SQL databases,
manage the email server and websites.
I am having a bit of difficulty lately and all of this brings us here to be what I believe is the reason for your email below.
It seems, and the buzz seems to support it, that you would like to be rid of what you perceive to be Jason's cronies.
If that's what it is, rest assured, I AM TextAlaCarte's most loyal and dedicated employee.
. . . . . as I compose this email there is a significant time lapse here as I start getting alerts
about Kaizen services starting to fail . . . . .
Curtis -
Since I began to compose this email it has come to my attention that the services are being moved.
That is fine, you are the customer and can do as you wish, but you were not even going to wait for my response.
You didn't even tell me you were going to move until I called you on the phone!
You've rented servers somewhere else and want to move the domains to GoDaddy.
My efforts with Jason paid off and he transferred the domains to the TextAlaCarte account that I set up for you.
You immediately locked me out and started moving.
You are right where you where when you started.
The only difference is you've taken the online services somewhere else where you pay more money for the same or lesser service …
I did a lookup on the IP address of the servers you leased.
While I don't know what equipment / software you leased, I did look up the equivalent of what you lease from RealWebs.
The closest product they had was:
Xeon Quad Core 2.13Ghz, 8GB ram, 2.250 GB , 100Mbps Uplink, Windows 2003 Standard Edition, MS SQL Server 2005 WorkGroup
To their credit, they do come with twice the bandwidth and more memory than the servers you have at RealWebs.
(of course bandwidth is the amount of information you can pump out before incurring additional bandwidth usage charges.
Monthly lease for one server came out to $1,159 per month, each. … wow …
If you have two of them as you have here, that's over $2,300 per month.
The servers you have here are $364 a month for a total of less than $750 a month
If we upgraded the memory on the servers you have here AND we doubled the current bandwidth to match the new data center
the cost for each server would go up to $489 for a total of $978. per month
this makes no sense … and you still don't have a single source provider under 1 corporate account as was your stated intention.
And I 'know' you are not getting better service and/or response times.
When I asked you on the phone what I could do to help, your response that I could help you move the K2K domains away from eNom
and then you would get back to me about how I might help in the future.
I look at this and the fact that the invoice I tried to process this morning was declined. When I called Marion, she did not offer an alternate card.
Like you and many others, RealWebs requires a card on file for subscription services (monthly server leases).
Then you told me it was because the card I had on file was old and needed to be replaced even though the expiration date is 2012.
With your behavior today, one might think you are trying to skip out in a midnight move. Completely unprofessional!!
I have no problem with you going somewhere else. It's your prerogative. But I don't think you are acting in the best interest of your employer.
Instead of just being up front and honest, you've put me on guard. I hate this.
If you wanted to move me out, just say so, square up and move on.
I have locked the K2K domains and have removed your access to the servers.
All of the services that you have not moved are still running, however, your server, SQL and FTP access has been suspended until the final invoice is paid.
Randy
********************************************************
POSTSCRIPT:
Curtis - you didn't need to do this, and even if you felt it necessary to spend this much money to be rid of me, you 'definitely' didn't handle it as you could and should have.
Instead of freaking out about the stuff that 'was' running smoothly, I would have hoped you would work on the things that need work.
I have tried for two days to get you to talk to me about the dashboard sites.
The cascading style sheets the developers are creating are conflicting with the master style sheet. The web sites are a mess.
As you know, I've was working with Tess to get the marketing sites up for the K2K domains when I learned that the actual working dashboard sites were live.
When I saw that the dashboard applications were just pasted into the corporate website shell I was shocked.
I stopped working w/ Tess and started working to make the dashboard sites look more like a professional application.
You can see the result as you look now at the dev sites.
I thought it was looking good and you seemed to agree. The Dashboard.K2KManager site is ready and as I told you on the phone, there was / is as conflict in the CSS files, but have been unable to get you to call me. As I trying to square things up, you are working on pulling the rug out from under me.
As I said, I am Mike's most loyal, devout employee. I want the Kaizen online presence to be perfect.
When Jason left and we needed something for the K2K brand, Mike needed to save some money and asked Tess and I to try to do it without a graphics guy.
I work with some graphics guys and didn't have to spend much, so out of my own pocket, I commissioned sample logos to help us look better.
I think my guy did a pretty good job as you can see from these samples I sent you a few days ago.
I didn't get a response to see what you and Mike thought about them..
I like the third one and I had him making small adjustments to the third one today so that the Kaizen logo on the corporate site and this one would complement each other if effort to get a smooth cross branding thing going on.
As I was looking to hear from you so I could get the K2K Manager site's style sheets installed, Jodi showed me the new Twitter CSS feed on the Corporate site.
When I went to look I was again shocked. Whoever installed the RSS feed in the news section destroyed the page.
The telephone image at the top of the page no longer meshes with the page background. A large empty space has been introduced below the tag line and the elements of the news feed are all out of alignment.
While you may be an exceptional programmer, web sites are not one of your strong points.
That was to be my job. I've been doing it 11 years now and could have really helped you out and made you (and Kaizen) look good.
Instead, you've discarded your most dedicated employee because of some misplaced residual paranoia over the whole Jason incident.
I would love to continue w/ Kaizen, but don't see how it is possible now that you've chosen the path you have.
You have represented Kaizen poorly both with your actions and the quality of websites you produce for lack of qualification.
Moving the servers shows your own personal need for a sense of control is more important than your fiscal responsibility to Kaizen.
I'm sorry you felt that way, but wish you the best of luck.
If you would, have Mike give me a call so we can square up my last invoice and ya'll can move on.
Tomorrow afternoon I will park the K2K domains until you are ready to move them.
Randy
Mike called the next morning and left a message stating he knew all about my criminal history and that if
I did not give Curtis access to the servers in the next thirty minutes he was going to call the police.
He knew all about my criminal history and he would be sure to alert the local police and all my neighbors if I didn't comply.
I called Mike and told him what I thought was happening, that he was trying to leave without paying the previous day's declined invoice.
He denied that was the case, but instead the new policy was to pay by check. I told him I didn't accept checks and he said he would use
a credit card to pay it ... but first I had to restore server access to Curtis and let him finish.  Then he would pay me.
I told him to pay the due invoice and then I will retore access. He said no, that Curtis was standing right there as a
witness to his promise to pay ... after Curtis was done. I told him because of Curtis trying to sneak out and then lying to me, he would
have to pay the invoice before I restore access. At this point he was to upset to talk to as he kept talking over me saying he would pay
me after Curtis was done and that he would bring the whole f#$%king office in as witness if I liked.
I decided to meet him halfway.
I restored access to the servers and told him to go have Curtis log on to the server and confirm it ... I would wait.
Curtis reported that he was logged on and had access so I told Mike, "There you go, pay the invoice."
He turned to Curtis and asked how long it would take. Curtis said it would take a few hours then added a list of things he needed me
to do as well. Mike said when all that was done and Curtis was satisfied, then he would pay me. He said he didn't trust me not to
cut the access after he made the payment.
I expressed my surprise that after the past 24 hours he would talk to me about trust issues.
I cut the access to the servers and told him he would have to pay the invoice 'before' I restored access again. Then sent him
the following email.
From: Randy Finster [mailto:Randy@RealWebs.com]
Sent: Wednesday, March 17, 2010 10:21 AM
To: 'curtis.keith@textalacarte.com'
Cc: 'Mike.Gannon@TextAlaCarte.com'
Subject: Termination of Services
Mike
Because of recent events we have decided to terminate your services and refund the remainder of your server fees.
Please deduct $242.67 from our final invoice and pay at your earliest convenience.
The domain name registrations for K2Kplatform.com, K2KManager.com and K2k Platform.com have NOT been paid for.
If you promptly pay our final invoice, I will transfer these domains to you for no additional fees.
Randy
I little while later I was talking to Chris Liston.
He tried everything.
First, he answered the phone by addressing me by my full legal name, city and state to intimidate me.
Then he told me the police and FBI had been called. I was breaking the law. We have 20 people sitting around doing nothing
because of this. I was in Tennessee and Kaizen is in Florida so there are Interstate Commerce violations that
make it not only a crime, but a federal crime. The egg is broken but I can put it back together again if you stop this. ...
Then he went into ..
You don't need to do this to yourself or your family. I know you've probably had a rough life, why do this to yourself?
Next it was about all he had done for me, fabricating/embellishing a story how he went out of his way to help me out of his own pocket when I needed money.
The truth was he was doing 'Kaizen' a favor by paying an overdue invoice out of his pocket as Mike tried to structure all this out of sight of his wife's divorce attorney.
Then it was back to bully mode as he told me he might just come up to Mount Juliet to see me.
At his point you can imagine I'm not really conviced they will pay me after they leave.
A short while later I sent him the following email:
From: Randy Finster [mailto:Randy@RealWebs.com]
Sent: Wednesday, March 17, 2010 2:33 PM
To: 'Chris.Liston@KaizenCommunications.net'
Cc: 'Mike.Gannon@TextAlaCarte.com'; 'Curtis Keith'; 'Jodi.Sowards@KaizenCommunications.net'
Subject: I would like to work this out and move on
Chris -
I am not going to debate legal issues with you.
You may or may not have called the police.
You may or may not have called the FBI.
They may or may not have told you that based on your report I have committed a crime.
Since Jason left, the rumors and buzz is that Kaizen was going to get rid of everything 'Jason'.
True or not, it was enough to make me re-evaluate my future there.
You calling me "Jason's friend" today. That was telling.
Canceling the card we had on file without notice. That was suspicious.
I caught Curtis in the middle of moving the services and when I talked to him on the phone he said "Help me move all our stuff, then we'll talk about the future." That was suspicious.
Mike's threatening demeanor and adamant position of "Give Curtis what he needs and 'then' I will pay you". That was suspicious.
Addressing me by my full name, street address and city like you 'know who I am' and telling me you might just come up to Mt. Juliet to see me.
That was an outright threat.
Even as you tell me what a stand-up, man-o-my-word kind of person you are … how well you've treated me in the past … let's try to stay focused on the current issue at hand.
Regarding this issue, NOTHING that Kaizen has done so far makes me want to trust that you will pay the outstanding invoice as you leave the building (so to speak).
I have done the work and am owed the money, based only on the fact that I have done the work and am owed the money.
I think, true or not, that you have no intention of paying me. Every action and conversation I've had with Mike, Curtis and you make me believe that.
Based on this, I have decided to no longer provide internet services to TextAlaCarte.
There is a $242.67 credit due to TextAlaCarte for unused services. I will refund that money.
Here are the remaining issues:
Kaizen bought a copy of Redgate software for me to use for SQL maintenance and Curtis says he needs the serial number.
I will remove the software from my computer.
Kaizen has the receipt, call Redgate
Curtis wants to retrieve data from the servers.
I've terminated your access to the servers for non-payment and severe trust issues. My prerogative.
You can use your backup files or pay the outstanding invoice to restore access to the servers.
You are using the Telerik controls on your website paid for by and licensed to me personally.
The master pages I created you may continue to use without violating copyright laws.
You MUST remove the controls placed in working pages create by the developers and cease using them until Kaizen obtains their own license.
If you like, I can call Telerik for you to monitor your future website development for violations. Or we can use the honor system.
I registered three domain names. K2Kplatform.com, K2Kmanager.com and K2Kmedical.com out of my own pocket.
Kaizen has yet to pay me for these domain registrations so I still own them.
Presently the k2k production sites are running.
Tonight at midnight I will convert the k2k websites to a domain-name sale site if effort to recover my costs.
I am under NO obligation to provide service to TextAlaCarte or anyone.
If you choose to move to another location that is your prerogative.
I am under NO obligation to assist or help in anyway. Including providing files, backups or extending the services I was providing.
This is the industry standard.
Pay the outstanding invoice and ask nicely and I will be happy to do what I can to make the rest of your transition out a smooth one.
Had Kaizen simply been up front and called me yesterday to help move, not even the KaizenCommuncations.com email would have missed a lick.
When I put the domain names up for sale tonight, this matter will be closed pending any legal action that may transpire.
If you would like to pay the entire invoice, simple click the paypal logo at the bottom of the invoice.
If you would like to deduct the credit mentioned above you will have to go to the PayPal website.
Randy