Hey guys! I have a question. Just imagine the situation. I'm selling traffic to a guy and i tell him that the CTR can vary. For that I'm giving the lowest price I can. He agrees and pays. When the campaign has come to an end he says that he is not satisfied with the campaign and I should refund his costs partly... I should say that in case this traffic was sold by CPC I could get double revenue. But I sold it to that guy... and now... I should loose more money. No contracts were signed. What do you think about that? Am I right or wrong? Thanks in advance.
It's a very hard case, because there were no contract signed. The best this you do when you have a long-term campaign with somebody, you should setup a contract so it will be impossible to discuss about something after the campaign. It's hard to say if you're right or wrong. A lawyer won't be able to help you I think, because they will tell just the same ... you need a contract to proove you're right.
Try to talk with the person. Find a way which you both agree with. Don't get angry etc. then the situation will only get worser. Good luck!
A contract does not require black and white, it is valid even if verbally agreed upon as long as there is an intent to form a contract. Reason why verbal contracts are difficult to enforce is because of the difficulty in proving the intent. A lawyer will most likely tell you that there is a chance and ask you to fight the case. Win or lose you still need to pay the lawyer. As webmasterplace negotiate a win win scenario. A lawyer's case means both sides lose, only the lawyers benefits.
That is so true. If you agree on something mutually, either verbally or it is implied, it is termed a contract. Now you say you have no "contract" but do you not have the emails or other medium whereby you communicated. Even that medium can be used as proof.
Do you have at least some e-mails where you clearly state that the results may vary, and that you don't guarantee anything? And an e-mail where he agrees to that? E-mails are also considered proof.
What he said. On something like this, your e-mails are sufficient. By the way, get use to it. There are a lot of idiots out there. Don't let them discourage you.
I personally feel as though the traffic selling stuff can be misleading. You know whether your traffic is going to be quality traffic or not. This guy probably got sucked into an agreement where the traffic would be real visitors who would be interested in his site. In reality, they probably were not. A lot of people fall into this, but only you know whether you were being truthful in the agreement or not.
Shouldn't it be up to this "guy" to have a good ad that perfoms, while at the same time weeding out as many curiosity seekers as possible? The Webmaster is selling space, with stats on his visitors. That's it. Yes? No?
Well, in that case he can't even prove that he gave you the money. So it seems that he doesn't have much proof about that kind of agreement you had.
I have been selling ebooks, software, web traffic as an affiliate and several other things on the net since 2001, let me tell you that person that said 'get used to it' is exactly right. No matter what gurantee you offer, what refund you offer for any product or service, no matter how honest you are...... you will still get an occasional email such as: Im goin to kick your f****** a**....... or Im gonna sue you, Im contacting my attorney, Your software or product destroyed my computer, This doesnt work on my system, etc etc....... I even sold some ram sticks on ebay and one guy said they didnt work, when they were shipped they did, I told him send them back and I would send him a full refund with no hassle, what did he do ? He started a complaint against me through paypal, he also contacted ebay, and I even received 2 or 3 nasty emails from him, I paid the refund through paypal and got it settled, but it should of never happened anyway. There is always someone out there who is an ass...... and oh yea theres a few nice ones too, but sometimes they can make you just wish you never heard of the internet LOL........
Yeah I agree but still... that's the first time I faced such a situation... I think I will give him what he want but won't ever work with that guy!