I have a client who agreed to pay me a flat fee of $4500 for branding their company and doing their website

The work i did is as follows minus the website because they kept putting it off.

 

they gave me only a deposit of $1000

 

[*]Logo tag with tag line creation ( they are using)

[*]business cards ( they are using)

[*]packaging ( the have already printed and are using)

[*]flash landing page ( they are are givng my design to someone top)

 

 

I found out through FACEBOOK that they lied and hired another designer to use all my ideas for the website.

So i sent them a itemized invoice because for all the above because they broke our"flat fee" agreement.

 

they are saying they will not pay it. I know they used the "flat fee ( which included the website ) so i would agree to the flat rate. Then when they got what they wanted the broke off ties.

 

What can i do? My terms and agreement states that until i get full payment i owe the rights to everything,

 

Can i blast their company on social media? what can i do.

Can i post bad things on their wall and can i make sure all the bad thing show up in a google search because of my posting?'

 

I hate that they ripped me off.

I'm guessing they are not responding to any emails or phone calls to try and sort it out?

If you signed a contract between you and the client and they have clearly broken it and owe you money, try mediating with them or threaten to take them to small claims court if they don't pay you, or as a last resort, actually take them to court.

I found out through FACEBOOK that they lied and hired another designer to use all my ideas for the website.

 

Go on, tell us more. They were stupid enough to talk about it on Facebook? What happened? I'm intrigued.

 

Basically, a kind of proveable written contract and bust their balls with it in court, or write it off. Your choice.

I understand that even if you didn't have a written contract, an "email trail" of correspondence between you where they clearly state to pay you might suffice.

 

If you don't hae any proof of the arrangement, you're pretty ****ed.

First off...Thanks to everyone for getting back to me.

 

Please read all below because it gets better:

 

So heres the thing. I do not have a written contract (stupid me) because they where friends of friends.

I have terms and conditions agreement on my site that states if I receive any payment of any amount and I begin work on a project that herein "is the contract".

If i do not get paid then " I own the rights" till payment is made.

 

There is hardly an email trail because they always called with and new projects and revises .They had all my designs and then they lied and told me they where putting the site on hold. The verbal deal was a "flat fee" $4500 but they only gave me a desposit of $1150. The $1150 desposit given to me only breaks down to only $180 a piece so I invoiced them an extra total of $1350 based on a each project (because they broke the "flat fee agreement"). This is what they say they will not pay.

 

 

Heres the kicker:

The image I used ( selected by them ) was from a stock house that does not allow their images for use in logos. Had I recently saw this and I would of replaced the image, however now that they are pulling this crap I do not want to tell them. They are currently using this image on their packaging, business card and facbook fan page . They are about to also use it on their new site ( because they have stolen my designs)

 

P.S. It is also in my 'terms and conditions agreement" that I am not responsible for the illegal use of any images.

 

So my new question is... Should I wait till their site is up and then report the misuse of the image to the stock house? The stock house will then make them take the site down and they will have to redesign the logo, packaging and site.

 

I hate to do that BUT it would be sweet justice.

What do you think?

Edited May 30, 201115 yr by janerjones

you could have made terms of agreement or a contract initially to avoid this, take a deposit, and any used documents by them MUST also be paid for,

 

Alternativly you should have just put copyright over the images when you shown them what youve done so they cant simply take it an f*ck off with your work and not pay, thats what i thought most people would have done?

 

What to do now about it? well nothing you can do really unless you had a terms where they had written agreed or/and you had a contract in place, if they break the contact you CAN get your moneys worth of what youve done.

 

also "P.S. It is also in my 'terms and conditions agreement" that I am not responsible for the illegal use of any images."

 

^^ as far as i know, you the designer/developer are the one who has taken upon the copyright law, not the client unless they had supplied the image, even if you had it in your terms that your not responsible an you was the one who got the image, it doesnt mean anything. On the other hand, if it stated that your not responsible for using copyright material and THEY sent you it to use, then that is their fault.

 

Like i said before i said "as far as i know", its not a certain

Edited May 30, 201115 yr by web-itec

If you have any documented communication between them (e-mail, letter, etc) with the price and terms of work laid out that should suffice as an informal contract. I'd speak with a lawyer, sometimes a letter from one will scare them into paying. You probably still have a case, even without a contract, since they are using your work. I just really hope you have SOMETHING in writing, otherwise you will have a really hard time.

OK let me get this straight...

 

• No Contract
  
• No Email
  
• No paper trail of any kind
  

 

You're pretty much screwed and i have no idea why anyone would go into any job without backup.

 

Lambasting them on Facebook and other social media makes you look as immature as they look like thieves. The only thing you can do is collect as much evidence as is possible (original PSD's, dated files etc) and start a claim against them in court. They may then back down if it puts the frighteners on them.

 

Regarding the image, you're as liable as them for the mis-use of the image unless you can prove without a doubt that you intended it as a place-holder only, which you're are unlikely to be able to due to the lack of paper trail.

Edited May 30, 201115 yr by MikeChipshop

ok thanks guys.

 

as far as the image the stock house will just make them take it off. Since they are not paying me for my work it will not be my problem when they have to redo it.