Opinions Needed

ReptiliansDOTca · 06-02-04, 12:48 PM

I will keep all names out of this, so that there is no reason to delete the post. If this is against any other rules however, I apologize in advanced.

I was hired for a web design by an individual; this may or may not pertain to my case, but I believe he is a young teenager. I really hate when people waste my time such as this case here, as not only is it wasting my time, but the time of other clients. Anyhow, this individual was looking for someone to do a web design, as well as someone to do a logo for a small fee. I contacted him with my rates, and went $300.00 less due to his financial situation. In addition, I told him I would include a logo for free. He seemed thrilled, and agreed for me to do the design. At this point, exact payment schedule was not discussed, but a final price was, which for my own sake I will not post here.

I did the logo first, and showed him. From his own words, he loved it. At this point, I moved onto the design. Shortly after, however, he e-mailed me and said he was moving, and could no longer take the design. He was lacking the necessary funds. Now, in this position I thought to myself: I have two choices. Either I work with him, and get something feasible for my time and efforts, or I demand the original price and receive nothing. Needless to say, I tried to work with him. I dropped the price an additional $50.00, and agreed to take monthly payments over three months. He told me he had $80.00 in his paypal account which he could send me immediately, as the first payment. I accepted this, and we continued. I e-mailed him with a preview of the site, and had not heard back from him. I then got an e-mail from him saying that his domain, which again I will not mention, was not yet registered. I replied stating that I would register it upon receiving full payment. Again, I did not hear from him. Approximately a week ago, I received another e-mail stating that he no longer wanted me to do his design, and demanded his $80.00 to be returned. His reasoning was that he saw a post by David Avery on Fauna, in regards to a deal with me gone wrong. He then added that he had not yet seen the site as well.

My first impression was that again, due to a lack of funds he needed to bail, and had found an excuse which he deemed appropriate. I e-mailed him back, mentioning that I have no problem waiting a little longer for the payments (I only received the one as of yet), and if payment was the issue, to please discuss it openly with me. I again included a preview to the website. A few days later, he replied saying “It all looks very nice, but due to the way things have gone so far, I don't feel comfortable doing business with you..." Again, he demanded a refund of his $80.00.

I know $80.00 is nothing big, but I am sick and tired of people wasting my time. This is the third time someone has got me to do a design, and then bailed on me. However this is the first time someone has made a payment, and responded to my corresponding e-mails requesting payment. I am posting here, in hopes that you will suggest what you feel I should do. I appreciate your time.

I forgot to mention that I have a copy of every e-mail and chat log to support my case here.

dave68 · 06-02-04, 12:58 PM

so sorry dude not my cup of tea...

Matt_K · 06-02-04, 01:11 PM

if you did the work, I would have to say you're entitled to the money you agreed on.. It wouldn't be much different then having someone come into your house to paint, and they paint 2 of 10 rooms and you say you don't want them to do it any more.. You would still have to pay them for their work done.. If not the full amount agree'd on.

On a side note.. I'll leave this up (i know both parties in this situation) but if names get mentioned or it becomes a BOI issue, which it;s borderlining on now, it will have to be removed.. IM sure you understand though David..

ReptiliansDOTca · 06-02-04, 01:34 PM

Thank you for the input. Some have suggested to just return the money, and avoid any problems - which to be honest I am considering. Others have suggested to keep the $80.00, and tell him to have a good day. That, I wouldn't do. However, my other option, is giving him / her the option of:

a.) Paying the rest of the cost for the website, and recieving the website in full

or

b.) Forfeitting the $80.00 for time and efforts, with no logo or website being provided.

I have taken down the website and logo to prevent theft, but should anyone feel the need to view it please let me know and I will post a watermarked copy.

Tim_Cranwill · 06-02-04, 01:41 PM

Keep the money. You put time into the project at HIS request. If he can't see that, that's HIS problem.

If this happened to me, I would NOT give them the money back.

wyz · 06-02-04, 01:50 PM

Keep the money.. you put some time in this after HE asked you.

You deserve to get paid.. I'd go as far as to ask him for the rest of the money he owes you. If I were him, I'd feel lucky only having to pay 80$ for my wrong planning of things.

WYZ

Vengeance · 06-02-04, 01:52 PM

I agree, I wouldn't give back the money. As the old saying goes Time is Money, how much is your time worth? Personally if I was in you situation before I even agreed to start creating a website/logo I would ask for a non refundable deposit of half the agreed upon price just to make sure that if they decided to back out you atleast get some compensation for time put into the project.

Think of it this way, a breeder always asks for a deposit for an animal if you want to reserve it. If you have to back out for whatever reason, that deposit is gone. The breeder keeps it for the time he spent keeping, houseing, feeding the animal while you were getting the rest of the money, it's only fair.

Classic · 06-02-04, 01:54 PM

Keep the money. If he commisioned you to do web development work, then he is the loser. You have worked for him up to this point so what he has paid is in lieu of what he still owes you. You can't back out of a deal once work has commenced in any kind of contract. This is no different. You have the right to keep the funds received and in my opinion, the entire amount as in the original deal.

Brian

Reptile Kings · 06-02-04, 01:57 PM

Keep the money. People like that really tick me off.
-Sam

ReptiliansDOTca · 06-02-04, 02:03 PM

Awesome, thank you and I am satisfied. I have sent out an e-mail outlaying his / her options from this point on. I appreciate the input.

spidergecko · 06-02-04, 02:07 PM

Actually, I think because he made an initial payment you are entitled to the full amount. The first payment is acceptance of the agreement and legally I believe you can claim the entire amount. I'm not positive. You would still need to do all the work, though.

Time IS money and the logo alone is probably worth more than the $80 he paid you. I feel bad if the kid has financial problems but maybe this is a lesson in life.

Now, I will go to the BOI and refresh myself on what that complaint about you was

spidergecko · 06-02-04, 02:14 PM

Ouch! He should have read the BOI first!

Cruciform · 06-02-04, 02:15 PM

Re-issue the work done (logo, whatever), with an invoice stating what was requested, what has been completed, and what has been cancelled.

Work completed cannot be "undone" as the time was already invested, should be accountable as money owed.

If the logo was approved, then you should receive the value applied to it in dialog with the purchaser.

--separate note to those seeking to buy or sell services for the first time--

This sort of thing turns up on the BOI quite a lot, because one or both people haven't done any business transactions before other than purchasing an over the counter item.

When doing business with someone, get multiple contacts for that person. Email is very unreliable these days, due to filters, IP blackouts from bogus spam reports, spam density, etc.

Establish ahead of time what expectations are, how payments should be made, and what avenues are available should the transaction fail.

It's business. As the purchaser of the goods or service, you have just as much responsibility as the seller. Changing your mind partway through a deal will impact you whether you like it or not.

And keep a cool head. A minor problem can flare up into a heated battle quickly if you let it.

spidergecko · 06-02-04, 02:21 PM

I hope I can post this:

I read the BOI. Regardless of whether he has the right to his money back or not, I would have returned it to him just to clear up some of the negativity about me on the BOI. I think business is more than getting money. JMO, though.

Classic · 06-02-04, 02:29 PM

WHere is the BOI?