Ok so heres whats going on. I have a past client who cut me off in mid project for no apperent reason and then sent me a email saying he wanted a refund. I had done everything as promised, and I was going to meet deadline, however he claimed that I was not living up to expectations or something. He keeps sending me those fake legal emails saying that he is seeking action for not refunding his money. I may be wrong but arent services non refundable? Like you cant go get your car fixed at a shop and then go bad and say you want a refund can you? I just want a little backup here so I know what is really going on. Personally I think he just does not want to spend the money anymore and needed a way out.
What does your contract say? I am guessing you did not create one. If services were rendered, I would not refund unless they were not rendered as promised. In that case, it's best to try and negotiate or refund. Were your services delivered prior to the client's notice to discontinue or did you deliver after or not yet? This is one reason why having a contract is a must. If I was you, completed work AND delivered services before the client said nevermind (or whatever), I would not refund. I would gladly take my case to court. But, that's me. Legal proceedings don't bother me. If you are in the wrong in anyway, that's another story. BTW, services are indeed refundable. This is why a contract is a must. If you didn't deliver as intended, you are advertising falsely. For example, let's say you offer a directory submission service. You advertise that for $50, you will get 300 submits and at least 50 links. After all is said an done, I receive 30 links and demand a refund or x% of my money back. You can say no all you want, but you failed to deliver as promised.
Well I was just about done I just had to upload some things and then he cut me off and deleted my ftp account. So it was impossible for me to finish. It was for about $150 in whole and they want me to refund $120. The project was about 85% complete with only a few images and files to upload were left. It just doesnt seem right that they can cut me off... take my work... and take the money as well.
Well, they can't take your work if they don't pay for it. If they do, you have them for copyright violations. Next time have a contract. You are kind of stuck in this one. You might want to see if they will take 50% back. Tell them that labor was performed, because of their authorization to proceed.
You should draw up a contract that is acceptable to both parties before every job. Establish your fee, when your fee will be due, and the specifics of what constitutes a satisfactory job. You should also agree on terms of cancellation. Many contracts include a 'kill fee', allowing the buyer to withdraw from a deal by essentially buying out the contract for an pre-agreed sum. You shouldn't be uncomfortable raising the issue of a contract with a potential client - after all, this is a business deal and that's how business deals work. In practice, I only insist on a real contract when the fee for the job is a sizeable amount. I figure if it's just a small sum I could accept losing it without much heartache. In this case I can't advise you on what to do, but we all have to learn these lessons along the way. It'll make you more careful in the future now you've been burned.
I offered 50% back or for them to give me access so I can complete the job. We will see what happens. I normally do contracts, but this job wasnt a huge ammount. I still dont want to lose it though.
Unless you actually did something wrong that sounds like a fair compromise. You shouldn't be left out of pocket because a client changed their mind.
Yeah... technically I think they have nothing on me anyways. Any papers I agreeded to wouldnt have mattered because I am under 18. I think thats true at least. I never did anything wrong, he just didnt like the design I made. Just wasnt his style I guess.
This is why I'm so uncomfortable with the thought or hiring people through forums. I certainly hope you're disclosing that fact before you sign a contract with someone. Jenn
I openly display the fact all through this forum, and it is on all of my websites openly as well. If they ask I tell them, but if they dont, then why does it matter?
It matters, because anyone signing a contract has a right to expect that it's legally binding. If you're not legally allowed into a binding contract you have no business signing one. As soon as you do, you're implying you're of age. Jenn
I dont sign contracts anyways... I made word documents with what will be done. They arent signed or anything anyways. I just use them so the employer knows what he is recieving.
I agree 100%. Anyway, I think you should refund at least some of the money. Maybe the client is cancelling the project because he is not happy with your work or dealing with you.
I am refunding half... I am nto at all happy about it though. I did over half the work, and dealt with his very picky thoughts, and then he did this. It wasnt me, it was just nothing was ever good enough. I made 3 different designs for his site and he always ahd something wrong with them.
FYI you do not need a signature to have a contract. You can have a verbal contract. If you have docuemnts that are outlined with what would be done, that could also be considered a contract. A signature simply supports the document and its approval by the parties who signed it. It is not a requisite for a contract.
Actually, even email messages have been enforced as valid contracts, so aeiouy is absolutely correct. The same can be said for invoices... if they can show it came from you, especially by showing what date (using a post mark if it's mailed, or even easier if you email it), it make you legally liable for the committment, should it end up in court. Jenn
Thats not right... You can spoof an email so easily. If someone wanted they could plant a few fake emails in their account and poof you got a lawsuit. I know this for a fact casue my friend played a prank on me a long time ago with a spoof.
So what? You can also produce a forgery on a contract. Nothing's 100%. But the courts have ruled that email can be legally binding as a contract. If it came to a court situation, it's not like it would be impossible for them to prove it really came from you. They could probably subpeona your host or server records to prove it if it even got that far. But the fact of the matter is that the VAST majority of email sent out every day is NOT a spoof... and really, there aren't a whole lot of people out spoofing emails back and forth in conversation about doing work for someone else. Jenn