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Client Stealing Website

Discussion in 'Legal Issues' started by Shawon, Aug 4, 2008.

  1. #1
    I recently did a website design and coded it for a client, client sent me an upfront payment, about 40% of the total and then once I finished the website, I get no response from the client from MSN or email at all.

    I'm not sure if the client's just been busy or away or is choosing to ignore me and steal this design without giving me the rest of what he owes me, I don't want to disclose the client's info and site yet, because I want to be sure. Because I don't want to think of him as thief because he runs a bunch of sites and this one I did was a pretty popular one with a lot of traffic too.

    But is there any thing I can do to get the site taken down or get the rest of my money through a PayPal claim or something?

    I design and coded the site for him and had a copy of the coded version hosted on my portfolio, then I check his site today just to see and he has the new version that I made put up, so he just basically copy pasted my coding and saved all the images off the subdirectory.

    He definitely doesn't have the PSD and source files though because I never sent them to him, so I can also use this as proof.

    So just wondering what are my options to get the rest of the money, thanks for any help.
     
    Shawon, Aug 4, 2008 IP
  2. desilator

    desilator Peon

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    #2
    Keep trying to get a hold of him.. If he is using any files from your server alter them... other then that I dont think you can really do much.. unless you want to take up legal action.
     
    desilator, Aug 4, 2008 IP
  3. Shawon

    Shawon Well-Known Member

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    #3
    If it helps I have saved emails and MSN chat logs. And yea is there anything I can do with PayPal? Or contact his host asking to close his site down until he pays me or something?
     
    Shawon, Aug 4, 2008 IP
  4. desilator

    desilator Peon

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    #4
    Paypal wont do anything.. they are just a middle man. Try contacting his host and proving as much detailed information as possible. Chat logs.. screen shots. I can say they will do anything but it wont hurt to try.
     
    desilator, Aug 4, 2008 IP
  5. Shawon

    Shawon Well-Known Member

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    #5
    I also see on a few other posts here about a DMCA letter, could I send that to his host and show them that he's using my code and graphics and w/e, or will I not have copyright over those?
     
    Shawon, Aug 4, 2008 IP
  6. desilator

    desilator Peon

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    #6
    I am not familiar with that letter so I cannot provide any information sorry. Perhaps someone with experience with it can offer some information or you can try and Google it.
     
    desilator, Aug 4, 2008 IP
  7. bogart

    bogart Notable Member

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    #7
    You should get approval from the client before putting the site on your portfolio and in any case make sure that they paid you beforehand :D
     
    bogart, Aug 4, 2008 IP
  8. Shawon

    Shawon Well-Known Member

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    #8
    Well the client paid me 40% upfront and then I had the site just hosted in my server to show the client the coding and progress and everything, but only he knew the link to it so it wasn't public on my portfolio, just hosted in a subdirectory.
     
    Shawon, Aug 4, 2008 IP
  9. gingimaster

    gingimaster Well-Known Member

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    #9
    You can always find where he lives, go over there with a couple of "friends" and teach him some manners ;)
     
    gingimaster, Aug 5, 2008 IP
    windtalker likes this.
  10. DeenaEsq

    DeenaEsq Peon

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    #10
    Yes, you should still have copyright to your graphics, etc. if you've not been paid. You can look up what DMCA (Digital Millenium Copyright Act) takedown notice provision their host has. Sometimes they have a form on their website, but if you Google "takedown notice", you should find a bunch of them...

    D
     
    DeenaEsq, Aug 5, 2008 IP
  11. Headshot0123

    Headshot0123 Peon

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    #11
    Just keep trying to contact him. If he doesn't get back to you in a few weeks send him the bill for the rest in the mail. If you don't here from him after that you can contact the host of the website and ask them to take it down.
     
    Headshot0123, Aug 5, 2008 IP
  12. hustlenomics

    hustlenomics Peon

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    #12
    Did you deal with him here? LOL. I hear alot of stories about shady people on this forum. Not to say he actually stole your design.
     
    hustlenomics, Aug 5, 2008 IP
  13. jdownloads

    jdownloads Active Member

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    #13
    First off, Is he using pictures that you are hosting? Or did he just copy them and upload them to his server?
     
    jdownloads, Aug 5, 2008 IP
  14. Shawon

    Shawon Well-Known Member

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    #14
    Yea he's from DP, http://forums.digitalpoint.com/member.php?u=34782.

    He's got good iTrader ratings and all so I'm not sure what to think of this right now.

    And no he's not hotlinking the images off my server if that's what you mean, he just saved them and hosted them on his own server.
     
    Shawon, Aug 5, 2008 IP
  15. Shawon

    Shawon Well-Known Member

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    #15
    Well he just got back to me today, he said he'd been very busy and away from his computer past week because his father passed away, so I guess that was the reason. He said he'd get back to me on Saturday after the funeral, so I think it's sorted out, thanks for everyone's help anyway.

    But yea I believe him because he does run some big websites and he's got good iTrader rating as well.
     
    Shawon, Aug 6, 2008 IP
  16. MyWebsHost

    MyWebsHost Peon

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    #16
    So everything is ok after all
    you were going to make a problem from no problem
     
    MyWebsHost, Aug 6, 2008 IP
  17. windtalker

    windtalker Well-Known Member

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    #17
    Well his client did not pay him the other half yet...
     
    windtalker, Aug 6, 2008 IP
  18. Michelle Michan

    Michelle Michan Banned

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    #18
    I'm truly sorry to hear you were scammed but if my 2 cents serve for something let me tell you that people who prefer stay in touch via MSN are usually there to either steal your time or steal your ideas.

    I'm not talking in general terms because there are honest and serious clients that prefer this method for closer collaboration, but the only way to determine this is offer paid support/feedback/attention via MSN to determine how engaged is him with a project.

    This is a common practice in Europe where phone and IM personal attention is charged at a given per minute or session fee.
     
    Michelle Michan, Aug 6, 2008 IP
  19. Littile John

    Littile John Peon

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    #19
    l only use email or a real letter sent by a postman the old way is best as you have his name address and should have his phone number as well, pref a landline
     
    Littile John, Aug 6, 2008 IP
  20. Flobba-dob-dob

    Flobba-dob-dob Peon

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    #20
    If I were you, I would've only given half of the website for 50% of the money, that way I'll get all the money because the client would have to pay me to get the rest of the website. Clever idea, eh?

    By the way, aren't there any laws on this? I mean, this is theft in a way...
     
    Flobba-dob-dob, Aug 6, 2008 IP