вторник, 17 мая 2016 г.

Plaintiff,[Redacted] vs. Defendant,

Plaintiff,[Redacted] vs. Defendant,
MixSoftware PHP-developers, Karahat Malika, Migilsak Merdko, IVAN TKACH, YURIY NESMIYAN, Pavlo Krize, Dafdefan Kavka, VICTOR Grizlow, et al.


[COMPLAINT FOR DAMGAGES AND INJUNCTIVE RELIEF]
INTRODUCTION
This is an action for damages resulting from negligence, and defective and incomplete work performed by Defendant on behalf of Plaintiff.
 Defendant operates a company under the name MixSoftware PHP-developers that provides web development services to clients on an hourly or fixed fee basis.
 Plaintiff was a client of Defendant.

BACKGROUND
In early 2009, Plaintiff hired Defendant to develop and maintain a new webcam website called [redacted].
 Development took 6 months to complete, roughly 3 months longer than originally quoted by Defendant,
 but that was fine with Plaintiff since Plaintiff believed it would translate into more website features and a more robust website.
 On the day www.[redacted] launched to the public, and virtually weekly until May 2012, it experienced an abnormally high level of downtimes,
 crashes, bugs, and slow speeds.
 Website bugs big and small arose daily and were intractable - a "fixed" problem would re-appear weeks later.
 Important new site features were constantly sacrificed while resources were put toward staving off website malfunctions.
Based on promises made by Defendant, Plaintiff was confident things would improve.
 [redacted] was a new and very small site so growth pains were not part of the equation.
 Plaintiff hoped it would be only a matter of time before all of [redacted]'s problems would be
 resolved because the problems were impacting Plaintiff's return on investment leading to complications in funding and budgeting.
Various remedies were applied by Defendant but mostly failed.
 Hundreds of hours of downtime and site malfunctions continued relentlessly until around
 May 21, 2012 at which time most of the problems finally appeared to be resolved.
 Only after expert developers began working on [redacted] beginning in 2012 did problems that plagued the site for years finally end.
Some issues that existed on [redacted] for years were now able to be fixed within days.
Coincidentally, one of Defendant's main middle-level (non-expert) developers named Yuriy Nesmiyan who had developed
 [redacted] prior to 2012, mysteriously departed from Defendant's company.
 Plaintiff didn't care to ask why since Mr.
 Nesmiyan was relatively unsuccessful in curing chronic site problems during his tenure.

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