Just thought I'd bounce this off you see what your thoughts are, it seems to be a bit of a grey area.

 

Scenario -

 

You get a client that doesn't seem sure what they want. They just tell you what their business is, and that they want a website for it. For example, a builder - "Hello I'm a builder and really think I ought to have a website but am not sure what should be on this website". In other words, they are failing to provide you with a brief. *** (see below).

 

You then write a proposal (out of the kindness of your heart I'd assume) for them suggesting what you think might be good for them including a quote (so effectively you're writing their brief for them at this point). Example "I suggest that you have these pages, and a content management system that allows you to do this and perhaps some videos of your work, and perhaps a blog - blah blah blah" - quite a detailed proposal. Maybe taking an hour or two to get right and word right etc. etc.

 

Lets say that then they take your proposal and show it round other web guys to try and get other quotes, based on your proposal.

 

What would your reactions be to this?

 

Also - legally, who does this "proposal" belong to? Can you prevent them showing this proposal to other people (in other words they have to make up their own proposal).

 

I think you understand what I'm getting at here. If you write a proposal for a client then they announce they are going to get another quote, but never had a brief in the first place, would it seem to you that they are now going to use your proposal as a brief to show other web designers.

 

Hope that makes sense.

 

*** - (I realise we shouldn't spend hours writing them a proposal when they haven't given a brief, but just roll with it for the sake of argument).

I think that I would be offended that he would use your proposal that was done for him for free so he could potentially get a better quote.

 

However, he may not even be thinking that he is doing anything wrong. I wonder how many other clients have potentially done the same thing, especially for smaller businesses. Technically a proposal would belong to you - legally it is your intellectual property, but you can't prevent a client from using your proposal to get leverage over other web design companies as it's not trackable.

 

If he comes back to you and says "thanks, but no thanks", you might want to gently remind him that it's not good practice to take your proposal as a basis for other quotes, as different web designers approach projects differently dependant on the web design technology they use.

 

And then perhaps ask him if he could provide you with the other quotes that he received so that you can use it for feedback and research.

Edited July 30, 201115 yr by pixomedia

For me I think it would depend how detailed it is.

 

A kind of general scope/what is possible/what is the internet/what is usual in your area type conversation? I wouldn't be too bothered if they then went off and worked with another designer. I'd be a little miffed perhaps, it's not very nice to do. However keep in mind that general discussion and choosing to work with you are two separate stages. They could love the advice you've given them but not be that thrilled by your portfolio. Then there is less reason to be annoyed 'cause even if they knew what they were talking about they wouldn't have worked with you anyway. It's just another client who isn't right for you.

 

If however it's more detailed. There is some wire frames, colour palettes or a decent list of features. Maybe some research done. If I've actually spent time thinking about their specific site as opposed to the kind of thing someone in their area might want and they took that to another designer. Then I would be annoyed. That's more than a conversation about the internet, that's the beginning of a bespoke service.

 

Reality is you don't want to get in that situation. You've given them a bit of general knowledge on what you would probably do and they've seen your portfolio. Anything after that requires a contract and a deposit.

 

However if I did find myself in that situation. There isn't much you can do. I would probably try and talk to their new designer, let them know they jumped ship on me.

I often find myself suggesting things that will help them - this often forms the basis of a brief.

 

How far would you go with this before the client actually accepts your proposal? Would you for example start breaking down prices, technologies, etc. or would you just give them a rough "overview" of the concept of what you thought they wanted?

 

If your client says they wish to use another designer simply ask to see the other quote. 9 tikmes out of 10 it will down to cost and the othejr designer not offering as much as yourself - something that you could point out to them.

 

That's an interesting point.

 

Reason I ask is I've found that sometimes it takes quite a while putting together a proposal, and it seems that if all clients ever do is then swipe that and undercut it somewhere else, it seems an awful lot of time to spend on effectively unpaid work (putting together a proposal). I'm trying to gauge how far people actually go with this before the client actually accepts their proposal.

 

Should the "detailed" proposal - technologies, prices, breakdown etc. come after the client has signed the contract? Or after they make a verbal agreement to work with you? Or straight away as your "bid"?

 

At what point in the proceedings do people actually put together the proper detailed proposal?

If however it's more detailed. There is some wire frames, colour palettes or a decent list of features. Maybe some research done. If I've actually spent time thinking about their specific site as opposed to the kind of thing someone in their area might want and they took that to another designer. Then I would be annoyed. That's more than a conversation about the internet, that's the beginning of a bespoke service.

 

Yeah this is the kind of thing I'm talking about.