hi i have a client for whom we took on a design project . it is true that we didnt finish his work within the stipulated time . And we emailed him about it . But he agreed to continue even after the delay and our intimation . Now after the work is done , he is trying to send legal threats for refunding his money since it was not done in the original timeframe . What can / should i do in this situation ?
Was there a contract written up, if so was it modified to stipulate the time frame? If there was no contract he didn't specify a legally binding time frame, otherwise the court will rule that you must refund and he cease to use your code, I believe.
To start you need to work with a signed conrtract that outlines deliverables AND require a deposit to start.
there WAS a contract which mentioned the original timeframe . There was also a email to continue the work but the original contarcct wasn't modified agter that ... except via email .
ah....that is probably where you could get a problem. Verbal or "email" contracts won't stick because there is no signature saying both parties agree to it. And more than likely, a judge will only care about what is written in the most recent contract.
In an ideal world the customer is always correct. In six years I've never been subjected to any such problems simply trying to do my best. A lot of people talk about contracts etc and of course, something in writing, even email confirmation, is better than nothing. It is for a court to decide intention at the end. But a kiss-ass approach is usually the best approach working in a service industry if you want to keep clients. Can you not find some compromise - I'm sure the client doesnt want any hassle either. You must take responsibility - if you missed deadlines then it's obvious you'll get it in the neck without clear transparent communications at all times. Unless of course if you can show the reason for missed deadlines was the clients fault ...... - a bit like wembley! Some clients are impossible - but most, I have had the pleasure of dealing with, just want a win-win situation like the rest of us!
Sandpetra : I also would like to return the clients money , normally . But in this case i am quite certain that the guy agreed to create problems intentionally ... Today , thats why he agreed to let us carry on with the job . Now , he even has closed the site / domain which we were designing , and so i can't trace if he is using the design . I was of the belief that emails are considered valid, especially the client and we are geographically seperated :unsure:
How much is he wanting? Anyway - I've never heard of not getting paid for work UNLESS it is actually in the contract you speak of - ie as a penalty - perhaps on work that is very time sensitive - ie - tied in with a big marketing campaign. If he doesnt pay - you dont need to give him anything as far as i am aware. I would imagine that he saying it's useless so not paying - then why does he want the usless code? The problem lies in the fact he wanted a service from you and you didnt supply it - unless there is a penalty in the contract. He could try to show negligence on your part that cost him money, which he would sue for I imagine. F*ck him - see a laywer. I'm a fan of kiss-ass but if he's unscrupolous he might have a track record - do a bit of research on him - and keep those emails - I always thought they were useful. I keep everything. Normally I charge 50% up front too and 50% on successful completion.
email communication is valid contract in most US states. Did you get confirmation email saying you can continue work? If yes, then he does not have any legal advantage. If you choose to go to small claims court, I think with email, the decision will be in your favor.
If you are geographically separated it's unlikely he would be able to sue you because you are not under jurisdiction of his court. (Does your contract specify in what court disputes should be resolved?) If you are in the same country, check local contract laws. In most (but not all) places, contract doesn't have to be written. Email agreement should be about as easy to enforce as written contract
thanks for the opinions . the client is within country , not in US . my experience with foreigners has been much better , to be quite truthful .