Client wanting deposit back (help pls)

Discussion in 'Legal Issues' started by moler377, Nov 3, 2013.

  1. #1
    Hi guys, it's my first post here as I need advice.

    I got hired to do a web project for an organization.
    I got a contract signed by the contact of the organization plus my deposit for the job.

    Over the course of the project the members of this organizaton have taken ages to sign contracts pay invoices and get me content plus contacts have been passing me on to other members to deal with the project. The project got passed on to another person (we'll call them person A) with some web history who asked me a bunch of questions about elements of the project.

    Of these questions they've come back about 2 things.

    1. A feature for the site which they think should be part of the site (although I never agreed to have add this)

    2. They felt a company style sheet/content plan should of been set up for the job. However this was not requested by the original person I was dealing with.

    I replied to them and heard nothing back and made a few calls to other members who told me to go back and speak to person A as they were now in charge of the job. I chased up person A about the job who has said that they are now cancelling the job and are going to approach other agencies and start again. They have also said they expect the deposit back and maybe give me 1/4 of the deposit as a inconvenience fee.

    However I've already started the job, put hours into it plus the previous people I was liaising with were happy with it so. Person A has just came along and thinks certain things should be done or added and now thinks I should give them a full refund when they cancel the project.

    This organization however has already signed a contract saying if they cancel the job, that I'm to be paid for the work I've done (which is around the same price as the money I got for the deposit). If they wanna cancel the job that's their business but I cant see why I should have to refund money when I've done the work so far and one person wants to cancel the project because they have a person has a opinion with how things are done.

    Anyway thanks for reading and any advice would be great!
     
    moler377, Nov 3, 2013 IP
  2. WebDev Solutions

    WebDev Solutions Well-Known Member

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    #2
    If the contact you drew up and had them sign is watertight and states that you will be paid for any work performed should they choose to cancel, then on a legal basis you should be fine to reject this request. The deposit in itself is typically taken to secure the project and guarantee the hours you work.

    Based on the above, you have nothing to worry about. Try explaining the above to the person A calmly and politely, but ensure your line is firm.

    WebDev
     
    WebDev Solutions, Nov 3, 2013 IP
  3. Spoiltdiva

    Spoiltdiva Acclaimed Member

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    #3
    Based solely on what you've written here, I would suggest that this is an open and shut case. I see no problem at all. You have a written contract, you have no worries as far as I'm concerned.
    Do not refund....stick to your guns.
     
    Spoiltdiva, Nov 4, 2013 IP
  4. pingpipe

    pingpipe Active Member

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    #4
    It sounds like they have already made up their mind to leave. I'd make sure that any more communication is in writing, and if they ask for a refund point out that in keeping with the contract terms that would be impossible.

    To avoid things like this in the future you also might want to change your contract to say exactly that all money paid is non-refundable.
     
    pingpipe, Nov 4, 2013 IP
  5. averyz

    averyz Well-Known Member

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    #5
    Sounds like they broke the contract.

    You invested work they had you start on, no reason to lose money on it.
     
    averyz, Nov 4, 2013 IP
  6. funmom91

    funmom91 Well-Known Member

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    #6
    I agree if you are in a contract you should have no problems. However, you may want to read how the contract was worded because they may have found some loophole.
     
    funmom91, Nov 4, 2013 IP
  7. moler377

    moler377 Peon

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    #7
    Hi guys, thanks for the replys. So person A came back and basically said the organization doesn't want to work with me and said that I can keep the money but went on trying to make me feel guilty about claiming the money for the time worked (and implied I should be working to a SPEC work method.)

    However a day later the original person who I dealt with came back and apoligised for what had happened and said I'm right to keep the money and that they wanted to work with me again. Not sure what's going on with these people, they seem very confused.
     
    moler377, Nov 9, 2013 IP
  8. averyz

    averyz Well-Known Member

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    #8
    That's cool that you separated on ok terms, always nice to leave without bad feelings.
     
    averyz, Nov 10, 2013 IP
  9. matt_62

    matt_62 Prominent Member

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    #9
    Its good that you kinda have it resolved, but doesnt sound like it would be a good idea to go near them again.

    As for the SPEC work method? are they 5 years old? I agree with paying at job completion, (provided its done to the contract) but that is different from the SPEC method. (unless I am wrong) From what I understand, the SPEC method is great for those that know they want something, but have no clue as to what they really want, allowing them to get ideas for free from others and only spending once they have stolen enough ideas to come up with a proper plan for what they want.

    Sometimes you can explain to the someone, by reversing it on them, saying you want them to work for you for months for free, and just maybe you will pay them in the end. I am just baffled as to why a proper company would think spec work would even be open for discussion, let alone expected.
     
    matt_62, Nov 10, 2013 IP
    bluffspot likes this.
  10. Greg Ramos

    Greg Ramos Greenhorn

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    #10
    If they signed a contract stating what you said above about how if they cancel the job /. Task that you can keep the deposit for the hours if work you've already done then I would go a head and keep that deposit. Tell person A that person B the original project owner agreed to this and that and that once he took over the project this means he agreed to the contract because person b should of explained everything to person a
     
    Greg Ramos, Nov 20, 2013 IP