Hello Friends, Can someone advise me here ? I have written twice to Stoian from Ultradesign.ro in Romania to remove the website for AAE Immigration that he put on his portfolio, even my client's Legal Counsel wrote an formal request to have it removed, but these emails were ignored. Incidentally "Ultradesign" is a user in this forum ! After spending hours asking for my ideas on design and colours, Stoian from Ultradesign did not complete the website and left me and my client hanging with a less than half-baked product which he said he could not complete. I had to find another programmer who did all the programming and completed the design. Now, Stoian includes the fully completed website homepage in his portfolio claiming the credit. If "UltraDesign" insists on advertising on his portfolio my Client's website which he had minimal input, and which he abandoned after I invested so much time, and then when it's completed by another programmer to claim the complete product as his, isn't it unethical and dishonorable ? The fact of the matter is that my client DOES NOT wish to have his company's website on "Ultradesign" portfolio, but Stoian and his company is continuing to keep it there AGAINST my client's wishes. Can someone advise ? I know that the Legal Counsel of my client is monitoring his response and considering action for going against my client's wishes.
Firstly...... what was contained within your original contract? This will dictate what actions you can take as most contract will include a item relating to allowing the company to display work within its portfolio, it so then there is nothing you can do. Also look for something pertaining to ownership of copyright and licencing. If coyright was to be passed to you as the client then you can claim copyright infringment, however if it granted you a licence then nothing you can do as they still own the copyright.
Thank you very much for your reply. The programmer Stoian Adrian was hired from getafreelancer and we did not state that he can display our client's website on his portfolio. Besides, Stoian did not complete the website as he left us in a lurch and the website was completed by another new programmer which we had to find to replace him. At first Stoian did not want any money. Our new programmer improved on what we had and then, later Stoian, the first programmer who abandoned our website, saw our completed website and asked for US$3,000 to settle the copyrights which he said he owned, and another additional US$1,000 to have him remove my client's website from Ultradesign portfolio. We paid US$3000 and the agreement he signed transferred the copyrights to us. When my client told us to ask UltraDesign to remove the client's website from UltraDesign portfolio, they kept my client's website there and changed the name of the website owner and changed the link.
ok So the agreement you signed details that you own the coryright of the design? If so you have a case to claim copyright infringement against him is he refuses to remove it from his portfolio, in addition if he has copier the design and used it on another site, then you have a further claim.
Hello all. This company used my services through this website : www.getafreelancer.com and a guy named Andy hired my to do create a website for them. After the design concept was created by me he came with more and more requests and i refused to work on his project, returned his escrow ( 250$ ) and "end of story". After 1 year i came across that website and i was astonished ( they were using my design concept without my permission ). First thing to do was a complaint to Getafreelancer website and they suspended their account in seconds " Hello! We suspended account of alykhan. Contact him and find a solution of your question. Thank you GAF support". Their profile is here : http://www.getafreelancer.com/users/60464.html I've asked 4, 000$ for selling my work to them and never publish the website in my portfolio and they only sent 3, 000$ and now i keep recieving threats from them. Funny thing is that the client never knew that they will outsource the project Can someone please advice if i should sue them for using my copyrighted work for 1 year ?
Dear all, Please let me clarify: 1) We were kind enough to compensate Stoian Adrian (although at an unreasonably high price of US$3000) for the little work he did, and also considering the fact that my client lost a great deal of business because Stoian Adrian delayed the completion date of our project, and that we spent a lot of time with him handholding him on the design layout and colour scheme). 2) When Stoian Adrian left he did not want to take the money. He did not say that we cannot use what is leftover. Since we spent so much time on the project, and since so much time had already been wasted , and our client was really pressing on us to complete the project which was way overdue, we evaluated our next best course of action for us was to proceed by improving on the the little we had. Afterall, we had put in a great deal of input in terms of the design layout as our client was very specific on how he wanted the design to be laid out and the colour scheme. Our new programmer did a much more professional job at completing everything. 3) When Stoian saw the completed website, he decided to threaten us and asked for the ridiculous high amount of $3,000 for his incomplete and abandoned work, AND another ridiculous amount of US$1,000 to remove my client's own website from his / UltraDesign portfolio. It started becoming clear that after all, this guy Stoian wanted money, and much more than what was originally agreed on when he took on our project. An act of graciousness (or so it seems) by not wanting any money when he left at first turned into an opportunity to threaten us. We decided to settle the dispute by paying Stoian US$3,000 for the little work he did (which he refused to accept any payment for earlier), and to transfer whatever copyrights he proclaimed to have to us because we think his type of person has a likelihood to threaten us again in future (and sure enough from Stoian's last email above proves to be a potential threat brewing) The dispute had been settled - with Stoian signing an agreement and receiving an incredible US$3000 for unsatisfactory work. It is not difficult to imagine our dismay when now he comes back, after signing the settlement agreement , asking around here to create more trouble for us and our client. 4) Our website was not even completed by him and it was placed on Ultradesign's portfolio to their credit. Added to that, he changed the name of our website and put in a different link to display it on UltraDesign's portfolio. 5) The contract Stoian signed clearly states that we now own the copyrights to my client's website. It is therefore illegal to display our website in any form on UltraDesign or any other domain for his advertising advantage, since our client strongly oppose to it. Now he had removed it after previously ignored emails and several frustrating posts on this forum asking him to remove my client's website from UltraDesign's portfolio . We are not unreasonable people. We invested time in handholding Stoian through long hours because he needed our guidance. He appeared to be so nice then, now he is looking at another possible threat. We feel harassed even after paying to settle the dispute. Money does not seem to be enough for this guy Stoian Adrian. In the contract which he signed, he agrees that "I have been paid for my work" and that "this sale effectively transfers all copyrights of the work done by the Freelancer to the Client". Further , he agrees that "I will remove with immediate effect all complaints, allegations and posts on other websites and public forums which are defamatory or will harm the business and operations of the Client and Simba Systems' clients, including AAE Immigration. As I have been paid for my work, I agree that similar posts related to this issue will not be made on any website or public forum in future." Yet time and again, he harps on how he suspended our GAF account etc. When he was so keen to receive the payment of US$3000, he assured us he has informed GAF that we have settled the issue and that he has been paid, so what is the issue now ? How many times does he want us to pay ? The mere fact that he signed the settlement agreement with the above terms and conditions, and now has done the things he is not supposed to do, there is a breach of the terms and conditions and he is liable for breaking the contract. Second, he had displayed my client's website after we purchased the copyrights from him without our consent, plus changed the name of my client and given a false link to the website is another infringement that was committed. Third, when he displayed my client's website in its completed form on UltraDesign's portfolio, there was a claim to credit of the completion of the website which was done by our new programmer. This is a wrongful ownership of work completed by someone else. Stoian, you have been paid for your work. You agree to sell all copyrights associated with your work to us for a very high price of US$3000, although you agreed to do the whole project for a few hundreds. The dispute has been settled. You agreed in the contract this issue will no longer be brought up as you have been paid. Why are you going back on your word now ? Can I ever trust an agreement with you ? I, as your ex-client, just cannot trust any business dealings with you.
Dear Digital Point Forum, Thank you for providing an avenue for us to resolve our issue. Given that my client's website was removed from the said company's portfolio at this time, this discussion thread can be closed. Stoian and Ultradesign, please comply with my client's wishes not to have their website displayed on any domain now or in future. Please also honour the settlement agreement which Stoian signed, in particular: - "I have been paid for my work" and that "this sale effectively transfers all copyrights of the work done by the Freelancer to the Client". - "I will remove with immediate effect all complaints, allegations and posts on other websites and public forums which are defamatory or will harm the business and operations of the Client and Simba Systems' clients, including AAE Immigration. As I have been paid for my work, I agree that similar posts related to this issue will not be made on any website or public forum in future."