Is this fair?

Discussion in 'Legal Issues' started by dem0x7, Apr 3, 2008.

  1. #1
    Ok,

    So I use guru.com to get my clients and complete my website design projects, right? So I had won a project for a company who needed a website design + integration, and all of that good stuff. The agreement was for $1,000 and it was signed and everything, and we got started.

    The employer paid the first $500 upfront, because her credit card company has a max of $1,000 each purchase, so we agreed to split it into two payments.

    I got the first invoice fine, and I put it in my Paypal account. I started working on the project, and after two weeks we got it finished and everything went great. She sent over the second invoice, and we both gave each other great feedback.

    I requested to have my second invoice of $500 to be withdrawn to my Paypal account, and it said it would be complete in two business days.

    About two days later, I get an e-mail from guru.com:

    Ok, so I wasn't sweating it too much because I figured if the employer paid once, then they will confirm everything is right. I even spoke to her directly, and she said she will confirm it in an hour or so.

    Well, that wasn't the case; A day or two later, I get an email from guru again:

    Good afternoon. Unfortunately, the employer did not respond to our documentation requests. Therefore, the funds have been returned to the credit card and the employer's Guru.com account has been closed.

    So that was part 1, and I was still trying to contact them about why this happened, and how come they didn't have to ask for verification the first invoice, and how they suddenly cancel it at the last minute when it was supposed to be withdrawn in my Paypal account.

    So I've been down $500 for a week or two now, and guru.com is very slow at answering e-mails and when I call it is always busy, and telling me to leave a message. I want to speak to someone directly, if I leave a message then they can counter all my statements, I want to catch them on the spot, you know?

    So now, today, I get an e-mail form guru. Listen to this:

    This was for the very first invoice, which was about a month ago. Not only did I not receive my second invoice of $500, they are now putting my account at NEGATIVE $460 (Because with fees and stuff they take out), which means the $1,000 job I completed, I got $0 out of it.

    Isn't that unacceptable? Shouldn't they be going after the employer, and telling her to get everything straightened, and charge her? I don't understand. They have FREE accounts, for posting a project. I am a GURU Professional, and pay annually to bid on projects and such.

    It's like fraud. It's like going to work and not getting a paycheck.

    If anyone has any suggestions on what to do, and how to win this over, that would be great. What do you guys think about this?

    Thanks!
     
    dem0x7, Apr 3, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    A chargeback would be initiated by the cardholder. The bank must follow visa/mc rules.

    You will need to go after the person who employed you to do the work. Just because they disputed the charge and got it reversed, it doesn't mean you can go directly after them. Guru.com is really a third party and they can't/won't get involved in something like this.
     
    mjewel, Apr 3, 2008 IP
  3. dem0x7

    dem0x7 Peon

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    #3
    The thing is, is that the employer saw she had a second chance since she had to "verify" the credit card payment, so she took that chance and basically took the money back and ran.

    I'm pretty sure she blocked me on the messenger we used, and won't respond to any messages through the guru private message system, and her account got suspended from Guru anyway.
     
    dem0x7, Apr 3, 2008 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    If she didn't pay for the website design, you haven't received "consideration" for the design. If they put up your design, you could always file a DMCA and get their site removed from google and all other search engines since they haven't paid for the copyright of the design. You should have an attorney look over your agreement and guru.com's TOS before proceeding with any action.
     
    mjewel, Apr 3, 2008 IP
  5. dem0x7

    dem0x7 Peon

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    #5
    Yeah, it's just so confusing because ..... They paid, but then it got denied by the credit card company, and they took off with no contact, so basically they didn't pay, but for the design part:

    I created everything she asked for: New website design, valid css/xhtml, integrated into their dating script. Well, the job was complete and it worked fine, but then a few days later she said they didn't like the script they purchased and thought in the long run it would be better if they purchased a new script. I told them that was fine, as long as I got the payment that was on the agreement, because I did what they requested. They said that was fine, and told me they will pay me again for a new project agreement based on the new script.

    That never happened, we never got to that part because they just LEFT. But, what happens now? If they aren't using the design and stuff, can I still take action, or what?
     
    dem0x7, Apr 3, 2008 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    If you didn't wind up with any money, you still own the design. It's like writing a check that bounces. If they don't use the design, then a DMCA won't help you, but you can always take them to small claims court - it really depends where they live and what the guru tos says. Call your local court and ask to speak to the small claims court advisor.
     
    mjewel, Apr 3, 2008 IP
  7. gigadoo

    gigadoo Peon

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    #7
    It's a little confusing but I think guru should be responsible for this , you better use elance.com , its much better.
     
    gigadoo, Apr 4, 2008 IP
  8. hecto

    hecto Well-Known Member

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    #8
    unlucky there, I think unless you take them to court you will not be able to get your money back, there are too many scammers round. It can happen to anyone. These payment companies all favour the buyer to protect themselves, they dont care about the rest and what has happened.
     
    hecto, Apr 4, 2008 IP