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I would like your opinion. I have several web developers who free lance. They are exceptionally good at what they do.
I will discuss the one in particular. She designed a website among other business graphics for a client with a three payment plan - 25% up front - 50% upon final changes - 25% due upon final acceptance of the website at which time final payment is exchanged for deliverables. Two months have gone by and she has not received her final 25% payment. She has sent several reminders including a certified letter. Now she is telling me that if they don't pay, she will take their site down. I am not so sure that is such a good idea professionally speaking. What would you do?
Thank you.
Well the part I'm confused about is, "how" would she take the site down? Is she hosting their website? If not, then she has no legal right to take a site down that sits on someone elses servers without a potential lawsuit, which would no be limited to loss of income, reputation etc.
What I would do, would depend upon the amount owed. Are we talking about $250 owed, or $2500 owed? Has she simply picked up the call? Initially, the only legal recourse would be to sue for damages, and at the same time, seek a court injunction keeping the user from using the website. Then she would have legal recourse to shut it down.
Location: Lived Large in Parsippany NJ - Lived Larger in Livingston, NJ -- Now Living Huge in Bethlehem PA
466 posts, read 2,200,400 times
Reputation: 448
It is justified..!!!
I used to get screwed with this as well but here is what I did - I will host your site on my own secure server and grant the client access to it then once it is all said and done and final payment has been issued I send over the deliverables -- never ever hand a customer deliverables without getting that final check or payment because you might never see it.
There are also people who would like to have access to whatever files you have available trying to make it look like they are checking up on you but here is what they end up doing - they will go post on CL about needing somebody to redo their company website because whoever was doing it quit --- once they find some college kid willing to do it for cheaper they come back to you and tell you a sob story in order for you to put the project on hold or if not just forget about it altogether.
In this case there was/is a contract in place but did the customer/client sign it before the project was started also there is a clause in your agreement that states "25% due upon final acceptance of the website at which time final payment is exchanged for deliverables" in this case it's been two months and several attempts to reach this customer/client have not been successful.
You delivered your part but the client failed to honor their part technically you still own the deliverables until you receive that final payment so taking the site down is justified as long as you have enough proof that you have made several attempts to contact this client/customer and they have chosen to ignore all your efforts.
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Quote:
Originally Posted by jhlcomp
I would like your opinion. I have several web developers who free lance. They are exceptionally good at what they do.
I will discuss the one in particular. She designed a website among other business graphics for a client with a three payment plan - 25% up front - 50% upon final changes - 25% due upon final acceptance of the website at which time final payment is exchanged for deliverables. Two months have gone by and she has not received her final 25% payment. She has sent several reminders including a certified letter. Now she is telling me that if they don't pay, she will take their site down. I am not so sure that is such a good idea professionally speaking. What would you do?
I fail to see how denying use of the work product for extended non-payment for services rendered hurts the reputation of the designer/business.
The "bad guy" here is the client who contracted for services and then refuses to pay.
They've obviously been satisfied with the work product, and by not responding to billing inquiries, they're not even disputing the value/benefit of the work product. They've stiffed the designer without any cause whatsoever, even after receiving benefit and value from the work product.
I'd send them a notice advising that they've got 24 hours to have a cash or certified funds payment in her hand or the site goes down unless/until the payment is received. Put the burden of immediate payment in full upon the client, and then follow through if they don't settle up. Nothing less will impress the client that they really need to pay up; if they can't perform, then at least they're not going to continue to receive the benefit of her work product.
I fail to see how denying use of the work product for extended non-payment for services rendered hurts the reputation of the designer/business.
The "bad guy" here is the client who contracted for services and then refuses to pay.
They've obviously been satisfied with the work product, and by not responding to billing inquiries, they're not even disputing the value/benefit of the work product. They've stiffed the designer without any cause whatsoever, even after receiving benefit and value from the work product.
I'd send them a notice advising that they've got 24 hours to have a cash or certified funds payment in her hand or the site goes down unless/until the payment is received. Put the burden of immediate payment in full upon the client, and then follow through if they don't settle up. Nothing less will impress the client that they really need to pay up; if they can't perform, then at least they're not going to continue to receive the benefit of her work product.
This would be similar to a landlord just "throwing" someone out of their apartment for not paying rent. Its just flat out illegal
Location: Lived Large in Parsippany NJ - Lived Larger in Livingston, NJ -- Now Living Huge in Bethlehem PA
466 posts, read 2,200,400 times
Reputation: 448
Not really there was an agreement/contract in place that stated final 25% when completed and delivered nothing in there said it should take two months. If the customer/client is having financial problems all they have to do is pick up the phone and call the web developer and let them know whats going on...several attempts to solve this issue has been ignored by the client/customer.
In the landlord scenario there is a lease agreement - if you violate it the landlord can enforce a notice of eviction & throw you out - plus you not communicating back to the landlord after his/her several attempts to contact you will lead him or her to believe they are being ignored.
Emails and certified letters have been used here and there is proof that the client/customer has received them - only thing that will hold in court is if the client/customer NEVER signed the contract in the beginning to get the project started.
If the client/customer is not responding back - what makes you think he can afford a lawyer to go to court for a legal battle?
Anyways just my $0.02
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Quote:
Originally Posted by pghquest
This would be similar to a landlord just "throwing" someone out of their apartment for not paying rent. Its just flat out illegal
The "deliverables" (files, graphics, etc) belong to the designer until they are paid for in full. I would notify them with a definite time period in which to give final payment and tell them the site will be closed. I'd even let them know that there will be a notice on the site that it has been closed due to lack of payments. Every visitor going to the site would then get a bad impression of the business and that is not good for them.
But it's their fault for not paying.
That said I would think this all depends on the contract. How is was written and if it was signed.
I would recommend that the designer find a good lawyer. If they're going to start a business and incorporate, they should have one anyway. If the state they are in allows one they should use an LLC.
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It is justified..!!!
