I have a couple of clients that are in a habit of paying their invoices late. In truth, I have several clients that regularly pay a couple of months late but as the fees involved are usually quite small I don't get too vexed about them.
But one particular client usually pays their invoices between 1 and 2 months late (and even then only after me repeatedly chasing). The invoices involved are moderately large - roughly 1/2 to a full months' income.
They do always pay in full in the end, and are otherwise an okay client, who has provided a pretty steady stream of work over the past 4 or 5 years. Yet I am not reliant upon them and have recently turned away some nice projects because I'm busy on their stuff.
A couple of months' back a large invoice was unpaid a couple of months down the line, despite repeated reminders. I contacted them to say that I was unhappy with this and from now on all invoices would be due upon receipt and should any invoice be 30 days overdue I would halt work until it has cleared.
The business owner and my marketing contact there were both apologetic and said they'd make sure it did not happen again.
Yet, this month, the same situation. Because (mostly) of the late payment of this invoice, my business account became overdrawn. As there is no work ongoing with them at this very moment, I can't "halt" work.
I am wondering what my next step should be.
An ultimatum: "I am a small independent business. If you want me to continue working with me I need invoices to be paid within 30 days. If you are not able to do that then - with regret - I will have to stop working with you. If that is the case then I'll send a final invoice to settle the account and provide you with backups of all work completed to date."
From now on, all work must be prepaid: "So from now on we will work on a retained basis. I suggest a monthly budget of £xxx. You will transfer this to me by monthly standing order. When the budget is used up I will stop work. We can increase or decrease the retainer amount according to needs, however it does need to be paid monthly and on time."
Bite my tongue and continue chasing!
I was wondering if any freelancers or clients had any experience when dealing with overseas projects. First, I'm from the United States and I found two wonderful designers on dribbble. Both of these designers are in Europe. One designer is from Poland and the other is from the Netherlands.
I'm not necessarily worried about losing my money as I am about ownership rights. Since, I'll be paying through PaypPl, I realize I have some buyers protection with these individuals. However, my concern is the rights to the work. Does drawing a contract and exchanging it protect me at all?
Not to say this will happen but, I don't want to spend this type of money and find that the design was turned into a theme and is being sold on a multiple use basis for a licensing fee.
I went online and received replies from a few lawyers about the issue. None of them were Intellectual Property lawyers, but one did mention that there should be something that will protect me in the contract. However, he ultimately said I should find an intellectual property lawyer.
Before I spend money (I'm sure I will have to), I thought I would ask this community. Any advice, or direction where I can figure this out would be extremely helpful! And I appreciate your responses in advance.
Note: I did a search, but I didn't see this type of question. I also saw LondonTech's thread, but it doesn't have many replies and I'm not sure he's dealing with anyone out of his country.
After a bit of advice as I've not had to deal with a situation like this before (I know most of you have).
I've designed and built a website for the daughter of one of my wife's colleagues. I met with her, and all seemed fine. I knocked up a contract detailing what would be done (design, build), costs etc, she signed and I started.
Fast forward to know. The site is up and running but she's refusing to pay. Apparently, she made it very clear (she didn't) that the site would rank for various terms (they haven't been specified, nor how highly the required ranking) so we're kind of stuck. I think she just expects a site to rank for various non-branded terms, which may sometimes be the case, but not always.
I'm leaving the site up for now, as it should start ranking for terms other than the site name soon, but it is taking longer tha I have previously experienced.
I've never had a problem getting sites to rank for terms before, but this does seem to be taking longer than usual. Its a locally popular term, but nothing that shouldn't be achievable with just onsite stuff (as opposed to backlinks etc).
The site is here, so if you take a look and see anywhere I might be able to improve I'd appreciate it.
Its been up for about a month, and doesn't even rank 1 for the site domain name, which again, I've not experienced before.
I'll try to make this long story as short as possible.
I work full time as a frontend web developer. In May of this year I signed a contract to design and develop a website for a client through a broker to help pay down student debt. I requested 25% up front, as well as 25% after acceptance of designs. Both invoices have been paid. The Project did not go smoothly with delays on both sides. Fortunately the project has completed, and I have invoiced the client for the remaining 50% less 5% for inconveniences along the way.
While the project was in development the broker asked me to quote another project (Project B for the same client. This time the project involved conversion of a previously launched site from Expression Engine CMS to PyroCMS. I quoted a low figure as the broker had pressured me to give low quotes on the previous project (Project A). The client and broker accepted my low quote via email. No contracts were signed, and no deposits were requested. I figured we would deal with these details once Project A was complete.
Last week my day job signed a major new client and assigned me a heavy workload for the foreseeable future (several months). I made the difficult decision to back out of Project B as I do not believe I will be able to give both jobs the time necessary to complete them on time.
The broker, understandably, took this news poorly. He has let me know that he is looking for a replacement developer, but he has not been able to find anyone who will do it for less than 3.33 times the amount I quoted. He has also informed me that he plans to pay that difference using funds from the remaining invoice from Project A.
While I acknowledge that my actions are responsible for the current situation, I do want to know what my rights are in this case to make sure I do not give up more than I am obligated to.
My questions are:
Can he withhold funds from Project A if Project A's contract makes no mention of Project B?
Am I liable for the difference in costs?
If not, what are my liabilities?
For the record, this all involves American companies.