CAVEAT EMPTOR and the problems and liabilities of upgrading.

I have used Simply Accounting since 2000, when I started my business. Past years have been trouble-free and it’s my experience SA has been a reliable accounting software for the past 15 years. I have no complaints.

 Currently I am running version 2012 with integrated Crystal Reports and in recent weeks I received ‘phone calls from Sage sales personnel urging me to upgrade to version 2015. Sales hype insisted I was: “Alone”; “No longer supported”; and if problems arose, there was: “No help; therefore you need to upgrade”. That I had never called “Support” in 15 years was deemed irrelevant.

So curious, today I installed a trial version of 2015 Premium and converted a backup of my company data to the 2015 format although I never understood why data conversion was necessary unless for some covert sales/marketing purpose, of course. The first surprise was a pop-up at the end of installation: “Crystal Reports is no longer supported by Sage and Crystal software elements have been deleted; reports and forms are no longer accessible from Sage 50”; or words to that effect. 15 years of effort and fine-tuning compromised, without reasonable warning, on Sage’s whim? Inexcusable.

I reluctantly accepted the status quo and turned to Sage 50 Forms Designer and attempted to design an invoice. All was well until I tried to insert a currency code in the invoice. Unfortunately there is no currency-code field available in the “Data Fields” drop down menu in the forms designer. This is a serious issue for me because I work in several currencies and have been able previously, to assign currency codes to particular customers and products; apparently not so in version 2015. This is not progress! 

I don’t know how many Sage customers read the EULA but I did and found a troubling clause. To others: Please read Clause 19. To paraphrase, it implies Sage has the right to download, read and retain end-users’ data including third-party data and to use it and to divulge it, howsoever and to whomsoever Sage deems appropriate. Further, the end user is responsible for ensuring that disclosure by Sage, of third-party data, is acceptable to the third party. Think: bank account numbers; credit card numbers; social insurance numbers; salaries; taxes; benefits; etc. It’s my understanding that disclosure of banking and credit card information to unknown third parties invalidates warranties against fraud. 

I prefer to stay with Sage and with time, effort and additional expense, I can work around the reports and forms issues but I cannot accept the EULA Clause 19. It’s predatory and a liability to the end user. Therefore I will not upgrade unless Clause 19 is withdrawn from the EULA. 

A final conundrum: the latest offer-to-purchase implied a 25% price reduction, if I purchased immediately. The offered price was $399.99. The list price is $499.99. That’s not a 25% price reduction.

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    18. MONITORING/PERSONAL INFORMATION
    The Program may contain technologies that monitor, record and report to Sage information regarding the installation and use of the Program, including but not limited to information concerning the Client Device with which the Program is associated; the frequency, type and manner of use to which the Program is put; the updating of Programs and conversion of data, and the data inputted to or through the Program by You or on Your behalf, such as company data, payroll data, check data, and other transaction-identifying information (collectively, the "Transaction Data").  Sage collects and uses the Transaction Data to support, maintain, and improve the Program, and to enforce Sage's rights under this Agreement.  To the extent any of the Transaction Data is personal information within the meaning of applicable law, You hereby: (a) consent to Sage's collection, use and disclosure of such Transaction Data for these purposes; and (b) represent and warrant that You have obtained the consent of any individual to whom such Transaction Data relates to Sage's collection, use and disclosure of such Transaction Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.

    Yes, that's troubling, except that we users of Sage 50 have only consented to the use of that data for those specific purposes - I think the intent is that neither you nor any client can sue them because their support person remote connected, and saw your payroll screen, or helped you fix a payroll problem. 

    If you are using Sage 50 to support clients, you'll need to add this to any disclaimer you currently use.

    Other than payroll updates, I can't think of any functionality improvement between the 2012 and 2015 program that I would part with my own money, to have.  There have been noticeable, steady improvements in stability since 2008.  It's a surprise when there's a crash, it used to be the other way 'round.

  • 0 in reply to RandyW

    It's not Clause 18, it's Clause 19. as follows:

    19. MONITORING/PERSONAL INFORMATION

    The Program may contain technologies that monitor, record and report to Sage information regarding the installation and use of the Program, including but not limited to information concerning the Client Device with which the Program is associated; the frequency, type and manner of use to which the Program is put; and the data inputted to or through the Program by You or on Your behalf, such as company data, payroll data, check data, and other transaction-identifying information (collectively, the "Transaction Data"). Sage collects and uses the Transaction Data to support, maintain, and improve the Program, and to enforce Sage's rights under this Agreement. To the extent any of the Transaction Data is personal information within the meaning of applicable law, You hereby: (a) consent to Sage's collection, use and disclosure of such Transaction Data for these purposes; and (b) represent and warrant that You have obtained the consent of any individual to whom such Transaction Data relates to Sage's collection, use and disclosure of such Transaction Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.

    So Sage, please explain how we should obtain the consent of Banks, Credit Card Companies, Employees and Customers, to the disclosure of personal information to Sage and any third party or parties which Sage deems appropriate, to disclose such personal information.

    This is completely unnecessary and I suggest, utter nonsense. Legal opinion pending.

  • 0 in reply to Ferrum

    Ferrum said:
    It's not Clause 18, it's Clause 19. as follows:

    I didn't type that, it's pasted in from the license text file in the program directory for the 2015.1 release, where it's numbered '18.'

    Presumably Sage uses this information to make sure that a single company license is not being used for multiple companies.

    If you're working with Sage 50 data that a Sage 50 customer has provided, that customer would definitely have had to agree to the license agreement to enter any data.

    "Sage collects and uses the Transaction Data" is fairly chilling, all on its own.  As Richard says, someone from Sage should 'splain that, and how it relates to shutting out some users between May 11 and May 25.

    Maybe I should go back to using the 2007 release.   As a bonus, the data entry screens will be readable, and they work properly, no funky flashing and redrawing, and the text isn't half hidden or below the bottom of fields.

Reply
  • 0 in reply to Ferrum

    Ferrum said:
    It's not Clause 18, it's Clause 19. as follows:

    I didn't type that, it's pasted in from the license text file in the program directory for the 2015.1 release, where it's numbered '18.'

    Presumably Sage uses this information to make sure that a single company license is not being used for multiple companies.

    If you're working with Sage 50 data that a Sage 50 customer has provided, that customer would definitely have had to agree to the license agreement to enter any data.

    "Sage collects and uses the Transaction Data" is fairly chilling, all on its own.  As Richard says, someone from Sage should 'splain that, and how it relates to shutting out some users between May 11 and May 25.

    Maybe I should go back to using the 2007 release.   As a bonus, the data entry screens will be readable, and they work properly, no funky flashing and redrawing, and the text isn't half hidden or below the bottom of fields.

Children
  • 0 in reply to RandyW

    I received a PM from Sage and I'm not sure it should be posted here. The PM reiterated the terms of the subject clause which I understand is Clause 18 in release 2015.1 but Clause 19 in Release 2015.0, the trial version I was using.

    The PM did not change my opinion. Basically Sage has the right, through the EULA, to collect personally identifying information for their and their associates'  use and by accepting the EULA terms, the end-user provides full indemnity for Sage, against any third party liability arising from Sage's use of that information.

    I took a legal opinion on the issue and was told "they" can include in the EULA, anything they want, providing it's not against the criminal code to do so. It's up to the consumer to decide whether the terms and conditions are acceptable. It was also said if pursued, this could prove an interesting legal challenge since there was a possibility that basic Charter rights were ignored regarding the end-user's reasonable expectations of confidentiality, privacy and the protection of private information. For the same reason, I was told, one should be extremely cautious when storing information "in the Cloud".

    So I'm done with this. I will continue to use my 2012 version until something better comes along.