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Thread: need your input

  1. #1
    Scorpio
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    need your input

    Ok, here is the story.
    I had a client messaging me 4 months ago concerning a design... as his was particuliar, he asked me if i would refund him if he didn't like it... i don't know why but i said yes. Anyway, i made the first page... and showed him and he's like "Awesome, great, looks very nice... go on with the tours..."... so then i take it that the reimbursement is out of question for the moment he asked me to go on... ok so i make the 2 tours, join page, and banners... suddenly after everything is done... i get an email saying that his partners doesn't like it so they want their money back! WHAT THE FUCK? that's making me mad.. i haven't paid him back yet. I don't want to have bad publicity from this guy but i don't think i should reimburse him... if he had told me "ok the first page is not good, please give me the money back", i would have understood but not after letting me do the whole thing. What do you think i should do? Just wanted your advices
    Thanks


  2. #2
    Dzinerbear
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    I think you need to ask yourself what is easier.

    If you tell him you're not giving his money back (and you'd be justified in saying so) then you're going to go back and forth in e-mail and on phone with him, his partners, lawyers (maybe) and it'll drag on forever, which will affect your ability to create new designs for new clients.

    If you just give him his money back (even though he's wrong to ask for it) he'll disappear and so will this problem.

    You've already lost the design time, do you really want to lose another few hours writing e-mails and taking phone calls?

    Take this situation as a learning experience. You've already admitted it was a mistake to agree to his terms, so next time someone says that, give them different terms.

    Dzinerbear


  3. #3
    Lunae
    Guest
    Hi Scorpio, i had more or less the same problem once... it's a very delicate situation. I would suggest you to give him the money back and not to make deals with him or his company anymore unless you specify your conditions very clear prior to start working with him or anybody else. Forget about that untrustworthy person if you fight for your rights it will only cause you trouble.
    regards,
    Lunae


  4. #4
    Jasun
    Guest
    I hate to admit it, but your only mistake was saying that you'd do it on speck. I've made that mistake more than once, and I always regret it.

    It seems that there's always somebody out there to scam you out of your time and money. Often what they want is free work, or extra work for free or something.

    It's usually big companies that do it (I've had huge problems with Universal, EMI and Sony), but I've had a few small guys try to get more for free.

    In our business, where our reputation is everything, we've gotta do whatever we can to protect that, and these guys know it.

    Pay the guy back, fair or not, and take the lesson that undeer no circumstances will you do work on spec again.

    Sorry.


  5. #5
    Have an idea and make it come to life! Gary-Alan's Avatar
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    I'm not going to write a lot here.

    Everyone here has basically said same thing I would have, Scorpio.

    It really sucks that this client did this, but you're better served to just refund him and move on. Chalk this one up to experience.

    If you hadn't agreed to the refund, then I would be taking a different tone. Just be sure he doesn't have any psd files. If he does, then before you send a refund get a signed statement that he will not use any aspects of the design you submitted.

    Gary-Alan


  6. #6
    Scorpio
    Guest
    Hi everybody.. thanks for your inputs.
    What i can't understand is the fact that i agreed to a refund only if he didn't like the first page... i mean it's common sense! You don't expect a refund after you said "Great design, on on with tours...".. and then once the WHOLE site is done, you change your mind. A refund would have been ok if he had told me NO i don't like it right after the first page... oh well.
    Anyway, thanks guys for your inputs... i just sent him his money back. It's not worth my time.
    From now on.... NO FUCKING REFUNDS!! nah i said it


  7. #7
    You do realize by 'gay' I mean a man who has sex with other men?
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    Steve,


    Shoot me an ICQ babe

    Regards,

    Lee


  8. #8
    BDBionic
    Guest
    That's why I'd suggest you get everything in writing.
    If you agree to the money back exchange or that provision is stipulated in the contract (blech!), then you'd be better served getting written approval at varying intervals to proceed.
    You finish up the tour and send it to him. He agrees and likes it. So you get something in writing from him saying that he's given the go-ahead to proceed with the design.
    Finish the first tour page? Send it off to him and get approval to proceed. Next page? Again. Join page? Again.
    It may seem a bit tedious but it best serves both you and the client in that it removes a great deal of misunderstanding and confusion, CYOA, and ensures they're cool with what's going on at every step.

    But with regards to your current client with whom your having problems? Might be best to just do whatever it is you have to do so as to ensure your not having to deal with em anymore.


  9. #9
    Moderator Bec's Avatar
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    Sorry you got jerked around Scorpio. I agree with others here though about a refund and let it go. My guess is they wanted to see what you'd do and probably have someone in house copying the concept. Probably even gave you a fake url for title so you couldn't track down that possibility later. ... a right hand pat on back that they like your work, while the left hand is stealing you blind.

    I don't know what you're using for contracts ... if you aren't using one, I'd get one drafted. That way you have some legal recourse. Make them return a signed copy either by snail mail or fax before putting one pixel of color to a design.

    Hugs
    Bec


  10. #10
    Scorpio
    Guest
    Thanks LdyLnWolf1 and BDBionic.
    In my terms, it is stipulated that there are NO REFUNDS so if i wanted to be a ass, i could have said that i never agreed to a refund in anyway but oh well... money is sent and i don't have to deal with it anymore. That'll teach me to be nice


  11. #11
    Moderator Bec's Avatar
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    That'll teach me to be nice
    Awww hon ... don't go there!

    I know that being nice often looks like an open invitation to nail us to a cross ... but you also need to believe that what goes around comes around ... and usually tenfold.

    Big Hug


  12. #12
    Have an idea and make it come to life! Gary-Alan's Avatar
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    Originally posted by LdyLnWolf1
    but you also need to believe that what goes around comes around ... and usually tenfold.

    Big Hug
    Words to live by, Bec!

    Hugs,
    GA


  13. #13
    Scorpio
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    Yeah it's true... in this case, ya'll wouldn't believe what i'm wishing for him hehehe


  14. #14
    Moderator Bec's Avatar
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    Originally posted by Scorpio
    Yeah it's true... in this case, ya'll wouldn't believe what i'm wishing for him hehehe
    Oh, I dunno -- I have a pretty good imagination! LOL

    Just glad I ain't him!!


  15. #15
    Scorpio
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    well it includes: HIM, the santa claus from the other thread, toilet paper and a knife hahaha
    Last edited by Scorpio; 12-10-2003 at 02:24 PM.


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