Hi everyone,

 

I just wondered if anyone can give me some input/advice on this.

 

I was intending to get a portfolio together, get my own site done and then launch a small freelance business (rather than doing this as a hobby). so i teamed up with a graphical designer, lets call him Steve (not his real name)

 

He designed us a logo, did a first draft of our website (which has yet to be finished - started 6 weeks ago), and then we started looking for small jobs to test ourselves and to put in our portfolio. He managed to find one and we agreed he would project manage it as the client was in the same country as him, so phone would be cheaper for the client.

 

he quoted $600 (CAN) for the job, which was fine with me, steve taking 250, i take 350. just as i was finishing off the coding and the OSC installation, his client decide he wants a ton of things added, free of charge. Steve then decided that he didnt want to talk to the client anymore, so dumped him on me.

 

The client is asking for things that i either cant do, or i will have to pay for (12 months hosting,12 months payment gateway, heavily modifying OSC) I spoke to a friend, and managed to get a good price for it, but the client is saying that he wont pay it, and if he doesnt get what he wants, he wants his deposit back.

 

When i dig deeper, it turns out that Steve didnt actually get any contract for the client, only an informal chat. Steve was the one who took the deposit (ive yet to have anything) and isnt going to organise/help with the extra work, wont part with any of the money. So where do i sit?

 

Thanks

 

Reaper

 

PS: im also assuming if i split from Steve i cant use the logo he designed, cant use any joint portfolio. Ive also found adverts from him elsewhere, that he is looking for work purely for him rather than joint as we had agreed.

Your protected by International law.

 

Cut your losses and run, unless you see something worthwhile in the client.

 

If you want graphical work, give me a shout - Based in the UK here and 100% no bull**** guaranteed

Hi Reaper,

 

First and foremost, a contract DOES exist, even though it is unwritten. The fact that a deposit was paid by the client, and that you embarked on doing work for the client provides consideration, intention and proves the existence of the contract. The two parties in your contract is you&steve and the client ©.

 

Problem 1 - The Client

 

C's mere asking for more services does not make breach of contract, but by his wanting to pull out because of your not supplying more services is arguably breach, as the terms of the contract state that you had to deliver a website and C will pay for it. If he refuses to pay for the agreed website, you have a choice of finishing the site, delivering it and suing him for the full cost or save time and fees and keep the deposit, which leads me onto problem 2.

 

Problem 2 - The deposit

 

By now, Im hoping you should have figured out that the best course of action would be to either convince the client to pay upon completion of the original plan of action, or pull out and chase steve for the deposit. The ratio of your split of the final cost of the website is 3:4, so on that basis, calculate your percentage of the deposit and hound steve for it. Go legal action if you must.

 

Problem 3 - steve

 

You both effectively are freelancers, and this would be a strategic partnership as opposed to a company. That means, any work you did towards your 'company' website or logos is yours, and anything he did is his.

 

I hope thats been useful, if any other lawyers are reading this; I would love to hear your arguments!

client ©.

 

Where did the copyright come from in that? You cannot copyright protect a forum post?

 

If your over seas from each other dude. Forget about it, simple as that.

 

Consider yourself lucky there wasn't more time and effort put in.

 

When I work with overseas clients, if they are genuine they will pay the deposit upfront.

 

Also, sounds like your partner has royally ****** you.

 

Just forget about it and build your own portfolio, go solo to start and only work with people you know are a bona fide.

Where did the copyright come from in that? You cannot copyright protect a forum post?

 

If your over seas from each other dude. Forget about it, simple as that.

 

Consider yourself lucky there wasn't more time and effort put in.

 

When I work with overseas clients, if they are genuine they will pay the deposit upfront.

 

Also, sounds like your partner has royally ****** you.

 

Just forget about it and build your own portfolio, go solo to start and only work with people you know are a bona fide.

 

It was supposed to be like this ( C ) to show that C stands for the client! Actually, whatever I write belongs to me under the laws of copyright unless the T's and C's of this forum state otherwise (but i really cant be arsed to trawl through them on a Saturday hehehe).

 

Reaper could waly away but if it was me, I would find a solicitor in steve's area of canada and get him to write a letter to him threatening legal action if he doesnt give up his share of the deposit. Reaper's share of the deposit will probably cover the solicitors fees, leaving R with nothing aside from the feeling of satisfaction (which is better than nothing if you were to walk away).

 

The down side to that is steve could tell the solicitors to be on their way in which case R owes the solicitors some CAN's.

For $600 dollars you would pay a lawyers fee?

 

I'm pretty sure there is no such thing as International Legal aid for the ( c ) <- check me

For $600 dollars you would pay a lawyers fee?

 

I'm pretty sure there is no such thing as International Legal aid for the ( c ) <- check me

 

As I said, its a gamble - And its only a letter, so any lawyer could do it. Yes I probably still would do it - its the principle. The UK is one of the few countries blessed with legal aid, and it also is usually only applicable in criminal cases; this being a civil issue.

 

Reaper, I hope for your sake you didnt find steve on this forum? If so, he's probably reading this 'privilaged legal advice'.

Reaper, I hope for your sake you didnt find steve on this forum? If so, he's probably reading this 'privilaged legal advice'.

 

lmao, The forum claims copyright, i read it when i signed up

 

You should only threaten legal action if you actually plan to go through with it, if they call your bluff your royally screwed.

 

It's probably best to just walk away, no loss no gain like a.g.r.c said, if you threaten legal action you could end up walking away with a loss.

It's probably best to just walk away, no loss no gain like a.g.r.c said, if you threaten legal action you could end up walking away with a loss.

 

You're probably right, but its the principle of it!

 

lmao, The forum claims copyright, i read it when i signed up

erm....so did I....ahem.

Thanks for the advice guys.

 

 

You're probably right, but its the principle of it!

 

i could always just not give him the code ive written?

 

Reaper