WorkPace
 
WorkPace : health and safety for computer users ErgoDirect and WorkPace

ErgoDirect’s rights to sell and support WorkPace were terminated on 24 September 2008.

The information below is provided to help WorkPace customers better understand their current situation.


Frequently Asked Questions


Why were ErgoDirect’s rights to sell WorkPace terminated?

ErgoDirect was terminated due to repeated overdue payments to Wellnomics.

Who is Wellnomics?

Wellnomics is the developer and owner of the WorkPace product. ErgoDirect had a distribution contract with Wellnomics.

What is a WorkPace Upgrade and Maintenance contract?

The main purpose of a Maintenance contract is to provide you with free access to all updates and upgrades of WorkPace.

Can ErgoDirect still provide WorkPace Maintenance?

ErgoDirect can no longer provide updates and upgrades of WorkPace, or authorized support.

After termination, the court ordered ErgoDirect to place the following message on their website until August 2009.

WORKPACE

ErgoDirect no longer sells and supports WorkPace products and Wellnomics Risk Management products. All enquiries, support and contract renewals for WorkPace and Wellnomics Risk Management products will from now on be handled directly by Wellnomics. Wellnomics is the licence holder and producer of these products, and has a head office for the Netherlands at Amstelveen.

If you have placed an order for WorkPace licences or contractual renewal after 24 September 2008, please contact Wellnomics BV directly (www.wellnomics.nl). This applies for both existing and new contracts. It is your responsibility to ensure that your enquiry is correctly placed and that you promptly obtain a valid registration code for the software.

(Click here to view original Dutch version)

Why is ErgoDirect still invoicing me for WorkPace?

Please check your invoice carefully. If it is for WorkPace, then it should say

Betreft: WorkPace

Omschrijving: Verlenging WorkPace Onderhoudscontract, - Updates en upgrades van WorkPace

If your invoice says

Betreft: Pauzesoftware

Omschrijving: Verlenging Ondersteuningsovereenkomst pauzesoftware, Nieuw versies pauzesoftware via ErgoDirect

then it is not for WorkPace. Pauzesoftware refers to ErgoDirect’s new product CtrlWorks. If you pay this invoice you will receive maintenance for CtrlWorks, not WorkPace. This means you will receive updates and upgrades for CtrlWork, not WorkPace.

What is CtrlWorks?

It is a new pauzesoftware product developed by ErgoDirect. It is not the successor to WorkPace.

But I still have a contract with ErgoDirect for WorkPace

ErgoDirect is no longer able to fulfill the obligations of WorkPace maintenance contracts.

Do I have to keep paying ErgoDirect for WorkPace?

What would you be paying for? ErgoDirect can no longer provide you with any updates or upgrades of WorkPace.

What are other customers doing?

Major WorkPace customers are now dealing directly with Wellnomics instead of ErgoDirect.

Why should I renew my WorkPace maintenance with Wellnomics?

This means you will continue to receive updates and upgrades for WorkPace, and authorized technical support. Wellnomics is the only legal supplier of WorkPace in the Netherlands.

I’ve got more questions – how do I answer them?

Click here to contact us and we can answer any questions you have.


Legal Situation


What about all the legal cases?

There have been a number of legal disputes between Wellnomics and ErgoDirect. These have concerned:

  • Money owed by ErgoDirect to Wellnomics.
  • ErgoDirect’s termination as a WorkPace distributor.
  • Wellnomics rights to deal directly with customers about WorkPace.

If you wish to see more information on these cases, see the Press Releases section below.

Who has won the legal cases?

Wellnomics has won almost all legal cases against ErgoDirect.

Why does ErgoDirect claim success in court?

ErgoDirect appears to claim lost cases as victories.

What is the true story on the legal situation?

Legal cases are complex and it is difficult to understand them from one or two lines taken out of context. See Press Releases below for more information on specific cases.

If you are a WorkPace customer, the most important legal result is that of 22 Sep 2009 from the Lewarden Appeals court. This court upheld Wellnomics termination of ErgoDirect and confirmed that ErgoDirect can no longer sell or support WorkPace in the Netherlands.

Did the Appeal rule that ErgoDirect is able to provide WorkPace maintenance?

No. The court ruled the opposite. See here for the full and final judgment of the Appeals court.


Press Releases


15 Oct 2009 Major customer renews with Wellnomics after ErgoDirect provides false Registration Key
9 Oct 2009 ErgoDirect loses court case on WorkPace Maintenance Renewals
22 Sep 2009 ErgoDirect loses Appeal on termination
23 April 2009 Judge upholds Wellnomics rights to deal direct with WorkPace customers
20 Feb 2009 ErgoDirect loses court case on termination
3 Dec 2008 ErgoDirect loses second case on overdue invoices. ErgoDirect ordered to pay €115,000
24 Sep 2008 Wellnomics terminates ErgoDirect.
5 Sep 2008 ErgoDirect loses court case on overdue invoices. ErgoDirect ordered to pay €142,963
Wellnomics WorkPace® is manufactured in New Zealand by Wellnomics® Limited. Wellnomics® specialises in design and manufacture of software that manages health risks for computer users. Wellnomics® and Wellnomics WorkPace® are registered trademarks of Wellnomics Ltd. All rights reserved.