Who has the rights here?

Basically the story is like this, I was selling links a few months back. Usually I ask for people to pay in advance for how many months they want, but happymondays did it differently. He wanted to pay month by month, I asked him to do at least a subscription, but he said no. I obliged to his offer, and allowed him to pay me month after month, even though he only has 6 iTrader and his record is sketchy. I added his link on March 22nd, and he did not respond for quite a while so I decided to PM him on May 17th. It was now due date time, when I told him, all he could say is to cancel the listing. I replied to him to pay me for April and May, because he hadn't. He did not reply to any of PM's. I PM'ed him 3 times. After that he finally responded. He told me that he did not owe me anything, and it was my fault I did not remind him. Here is my side of the story:

First, I asked him to do a subscription, yet he declined. He said he would only pay after the end of the month, I said OK. Next I let the months go by, I did not forget that the link was still up, I just that since he did not PM me to close it, he wanted it up. I was being lenient and let him keep it up. At the end of May I decided to ask him for the payment, but he did not pay. It isn't my fault, I remembered that the link was up, and he should remember what he bought. After all, it was his idea to have a "month by month" deal.

Now my question to you is, should I be paid the money I deserve, or does happymondays not have to pay me?

Here is an excerpt of our conversations (Ordered by Message #):

 

Just write it off as a loss and gained experience.
Next time, you sell the links, you write the rules ... no pay, no link

 

I don't think he owes you anything. He specifically did not agree to an automatically renewing subscription.

It was your duty to get paid or take down the link. You can't just keep the link and then hope he still wanted it.

You should treat the link as canceled after 1 month unless he pays you again for the next month.

At least that is my opinion on it.

 

Thanks for your opinion, will take into consideration.

 

Cut your loses and move on. It is only $30. Is it really worth all the time and effort to try and get it from him. If it was $300 or $3000 sure, but $30?

 

Although this doesn't mean much to me this does: http://forums.digitalpoint.com/showthread.php?t=322088

 

well ultimately you didn't lose any real resources, it was just a link and now that you remove it ..when google goes back it will see the link isn't there anymore and he won't get any PR for it ..so it really doesn't matter. You lost nothing really (no real investment to begin with, cut the "loss" and never do business with him or anyone you don't readily trust).

 

The situation described here is one reason why having some kind of contract
makes sense.

 

You are entitled to the $30. He agreed to allow you to host the link month-to-month.

As such, it is his responsibility to cancel the link when he is finished, and he didn't.

 

Here are the main problems:

1. You don't have a contract.
2. You don't have anything that says the client's ads will be rolled into the next month and billed unless canceled.
3. You gave advertising without payment up front. Why?

Live and learn.

If you're not sure what to do, look at what the big boys do. In the advertising world, you won't see a magazine/newspaper giving you space on the ole' good-faith gentlemen's handshake double-wink cigar and Cognac promise.

For the rest of your life, when you sell advertising, get paid first.

 

"gentlemen's handshake double-wink cigar and Cognac"
lol I like that

 

A promise can be enforced, depending on your jurisdiction. It might be down as a 'unilateral contract' or something similar, but you may be able to hold him to his word if he has promised to pay you in exchange for services.

 

Thanks.

I tend to get feisty when I read the DP forums.

 

he doesn't owe you anything.

As a publisher it's your job to stay on top your advertising space.

You should have contacted him on or around the first of April and asked for payment for that month. It's not his job to contact you to remind you that he needs to pay you. That's your job. Your mistake was agreeing to not use a subscription payment.

 

he made no commitment for later months so he owes nothing to you and I believe it was your duty to send a reminder and take the link off until he had confirmed to pay for later months.

 

Alright I understand thanks.