[smoothonline]

Hello

In march I changed from Smooth-Online to Apcore.

All my clients sign a 'contract' for web development.

All those clients prior to the name change still have the old contracts.

I notified them in writing of the changes, where I'd now be trading from, our prices, and whom I would be working with.

I've had a problem with a client recently and he says he does not need to honour the T&C's with Apcore because he signed with Smooth-Online.

These T&C's were the same with Smooth-online but the website is no longer it redirects to our new site. Which says the same T&C's anyway.

Is he right? Because the contract was for web development and not hosting, which our problem is over.

thanks
Charlotte

[pandadoodle]

Legal advice required I think for this one.

However I don't think he is correct as technically the company is no more. So anything signed with Company X now belongs to Company Y. I could be wrong though depends on your contract, T&Cs and more importantly how big of an impact this client has on your business.

[smoothonline]

No impact because I revoked our services due to his impolite messages and demands.

I don't believe you should swear at anyone, least of all someone who is a colleague.

This post has been edited by smoothonline: 06 October 2011 - 09:15 AM

[CityCM]

If the client signed the contract under your old company, can you not continue to honor that contract? If the terms are the same, I don't understand what difference it'd make.

[WBC]

What's his problem?

If nothings changed contract wise and you completed the development I don't see the issue.

[smoothonline]

Exactly!!!! The problem is with the hosting T&C.

The client had the domain hosted on my server for 4+ months when 'suddenly' he asked to have the domain changed to his name / address. I did this of course.

But kept email the say because it comes out of my bank and for billing reasons I need invoice for books. Even if I then claim it back off him, I need to show outgoing.

He would not accept this, came up with lots of excuses to get out of it and anyway was pretty rude and childish so I revoked our services.

He is now claiming our t&c don't stand because he signed contract with smooth not apcore but as I explained, the t&c were the same back on smooth and the only thing that has changed in the name. The t&c on website are different to web developement.


char

[pandadoodle]

The domain you buy, you get invoiced.

You bill the client for domain + any margin.

Domain invoices are cancelled out.

I don't see what the problem is with having it in his name or why you need to get an invoice for next year or why what it matters coming out of your account etc.

Unless I'm missing something I am on less pepsi max now...

This post has been edited by pandadoodle: 06 October 2011 - 01:57 PM

[CityCM]

I think from a legal point of view, if you notify the customer of a change of terms and conditions, the customer has 14 days to reject the new terms. If the customer fails to reject the terms in that time scale, it is to be taken that the customer has accepted.

[CityCM]

It really does sound like your client (ex) is being a bit of a wally. Would you really walk into Asda, buy a tin of heinz baked beans, then demand the invoice off Asda that they had off Heinz??

[Gibson]

Is there a factory where they plug out some alien life form on a conveyor belt, give them extremely bad design sense, a nappy, a dummy and a pram and a sense of greedy warped capitalism?

Could this be - the life form we call...... "difficult client ?

Sounds like you have one. Return to factory marked "defective".

[MikeChipshop]

They were trying it on. You've done the right thing by revoking services.

[smoothonline]

I know, so I think I'm right. No changes to t&c so no 14 day rejection we just changed our name.

This is what I was trying to explain to such client.

I don't like clients/ex clients who are unhappy with us, even if we have done nothing wrong.

it could have easily been solved but from looks of it they found a cheaper (crappier) coder and really just wanted out of contract hence being rude and not accepting our t&c.

char

[rallport]

smoothonline, on 06 October 2011 - 09:15 AM, said:

No impact because I revoked our services due to his impolite messages and demands.

I don't believe you should swear at anyone, least of all someone who is a colleague.

I really do empathise with you and agree swearing at someone is out of order. Hell, I feel like doing this everyday for some clients However, I think it would have been easier for you stay professional and reply in polite, but firm manner.

By disabling his services, you've given him the upperhand if he ever did take anything further - as he'd simply argue that he's a paying customer.

I do see your point though and can totally understand why you'd disable everthing

[MikeChipshop]

rallport, on 06 October 2011 - 05:01 PM, said:

I really do empathise with you and agree swearing at someone is out of order. Hell, I feel like doing this everyday for some clients However, I think it would have been easier for you stay professional and reply in polite, but firm manner.

By disabling his services, you've given him the upperhand if he ever did take anything further - as he'd simply argue that he's a paying customer.

I do see your point though and can totally understand why you'd disable everthing

To be honest if a client had been abusive at me then i to would revoke services. I think there's a fine line between 'revoke' and 'disable'. For instance if i was to phone up my bank and be verbally abusive, they have every right to close my account.

[smoothonline]

Hey hold up, I wasn't rude to him, I did reply politely, but after a while it became obvious that this client was not going to listen and wanted to tell me how to run my business. At the end of the day more other 30+ clients accept these t&c and accept I am now trading as Apcore, why should I change my business practices for one person?

[Gibson]

smoothonline, on 07 October 2011 - 04:46 PM, said:

Hey hold up, I wasn't rude to him

Can't see anywhere in the thread that anyone said that - am I missing something?

Nobody on this thread thinks that you were rude - only your client. Edit - I mean we only think your client was rude, not you.

This post has been edited by Gibson: 07 October 2011 - 09:54 PM

[smoothonline]

rallport, on 06 October 2011 - 05:01 PM, said:

I really do empathise with you and agree swearing at someone is out of order. Hell, I feel like doing this everyday for some clients However, I think it would have been easier for you stay professional and reply in polite, but firm manner.

i was referring to this, I did reply in a firm, professional manner and was polite.