Hi all This is a sensitive subject and im hoping by posting this to get some information from the digital point community on how to move further. * I sent several urls of what I was expecting design-wise. * They told me they could do it and accepted. * I have made a deposit to the design firm * Got sent a first look at the project and what they had accomplished so far. It wasn´t a good preview and I hoped by me giving them more details about the web design and what I was expecting - it would get better. * I have critizised them at several occassions for not creating the quality and standard i was looking for. But it didn't it became even worse. They told me I could end the project at any time. So I told them either we end it now or they could make a 2nd draft. They did a 2nd draft and it was far from being ok. Bad choice of colors, layout, everything. * At this time I wanted to end the cooperation. * After talking with them they didn't want to send back anything of the deposit. So at this moment, I have nothing from them, no design not anything. They are telling me that because of the time they put so far the deposit is none-refundable. When I sent the first urls to them before initiating a deposit they accepted to make a design they really couldn't make. What can I do ? What is there to do ?
Is the design legitimate ? Registered Office etc ? Terms & Conditions of Business ??? Or are they a couple of kids with Photoshop ! This will then help you answer the questions as to what options you have
What do you mean by - if the design is legitimate ? I mean they have created something that I do not want or need! When they accepted to create the design that they in reality couldn't do, that is not legal. Registered Office etc ? They claim they have an office and an adress, but if that's ligitimate information I do not know. It seems their VAT number is false. Terms & Conditions of Business ? They have no Terms nor frequently asked questions anywhere on their website.
But they did do work on your behalf.. And even if the work sucks, they should be paid for the work that they did do.. This is why you use staged milestones and payments.. Now, you can always sue them and let a judge decide if they should be paid or not, happens all the time.. But I wouldn't expect a refund without a fight.. All that said, did they show you examples of previous work??
I showed them urls of websites - what I was expecting. They have not achieved that kind of design that was clearly pointed out in the urls I showed them.
I beg to differ with you. I worked with someone here. He definitely outsourced my work to his brother's dog in India and showed me some of the most embarrassing designs. They didn't even use the colors I specified. It's called breach of contract. They could have put in 3,000 hours but if they didn't follow instructions it's their fault.
Regardless of who is wrong, there isn't much you can do if they aren't willing to do anything. This is why checking references and past work is so important. You could sue them, but it would cost far too much to make it worthwhile (I'm assuming you're not talking about tens of thousands of dollars). If they happen to be located close to you, small claims court might be an option, but even if you won, collecting can be next to impossible.
Some of my clients call the company who ordering design from me, then they got a review of my works. That what we say a smart clients. Double check about portfolio..
I agree that they are probably entitled to keep the deposit if they put in a significant amount of time. Web design is usually a time and materials type of business, and often times its not the design that was bad, rather it was that the requirements were not clearly communicated to the developer. Thus, they have no chance of getting it right, and they shouldn't be penalized for that. I would reflect back on your project and critique your role and the web developers role honestly with yourself, and if you still feel like you are entitled to a refund then continue to ask the web design company for it. This situation is why many companies want partial payment up front, to mitigate the risk of the customer pulling the plug.
In my opinion, this matter is not really up for a discussion. You ordered a service - the service wasn't delivered up to your par - you don't need to pay them anything. Yes, they did put some work on your project (probably). However, if I call myself a designer, and I ask for a fee to deliver a project even though I am not even related to design in any way and I cannot or will not deliver, does that entitle me to any kind of payment? The fact that this happened in the "online industry" doesn't make it any different than any other service. Most of the services out there offer some sort of money back guarantee. Why should this differ? To the OP: How did you make payment for the deposit? Paypal? If so, file a dispute. I hate taking sides here since we can only hear one side of the story, however, if the OP requested a design and provided links to similar designs, but he received a terrible product in return, then the seller(s) are not entitled to receive any sort of compensation. That's my point of view.
You should ALWAYS ask what kind of refund policy they have if you aren't satisfied with the design. Try insisting on a refund. You may be able to work something out. Keep this in mind for future occassions.
You could burn them here and on other forums to detour any future work for them. And if you have the previews show their poor quality of work. The First Amendment at its best!
did you try to threaten them with a law suit ? most of them freak out when they hear about that just my 2 pennies
A tip for future, always see the design before you pay for it. They can always show you a watermarked design, if you like it, you pay for it and get the files, else they get nothing and they can sell the design to someone interested... Next time, always pay after u r satisfied with the design, or if they ask for a pre-payment, then make sure they have a TOS, and a refund policy!
This normally happens when you go in for cheap work. Always go for a design firm looking at their portfolio. Now all you can see if wait and see if they refund.. As you said they are not ready then you might follow a law suit
How much did you pay as a deposit? As has been said, you have to go into this accepting that there are a ton of barriers to collecting from them in a lawsuit (expensive to even win, may not win, they may be judgment proof, etc). Thus, your best option is to try to resolve things without going to court (which is not to say that the threat of going to court won't help you). I would say to send them an email stating that you have a valid contract which requires them to deliver the service they promised, that they haven't done so, and that you want your deposit back or you will seek legal recourse.
expensive lesson Design work is the toughest sort of contract. It is all based upon opinion. If someone is very picky a designer could work for years and not please them even though others might find the work to be acceptable. With programming you can be exact in specifications.......... I don't think I have ever been 100% happy with any designs I have purchased in the past.
HomeComputerGames: I think you might be wrong, i am a designer and i've never had any problem with my clients. Its all on how good the designer is and how flexible he is. If you've never been satisfied with designs you've bought, you shouldn't have bought them. Just move onto the next designer. Remember, no one is perfect!