What should i do with non paying client ($3300)

pearl noir studio · 12-30-2004

I have client i did a ton of work for. Banners, galleries, pay site ect. Even we called him when ever he needed to know something or help. We were late with his work because he wanted to change everything all around all the time. So normaly we first ak 50% before start but we dealed with him a few times and everything went ok.

This time he said things were not ok and we changed it around then he wanted some other designs in between and we did quite fast and liked it and so on and on. Then he said some things were not good and other were. So time to pay and split our ways. I told him that he could tell me what he didn't like and we would see how we would handle that. In the mean time he was able to download all the work and he also wanted the psds so we gave them to him with the work. He took the work went on holiday reported two weeks later and said he didn't like it and was no good part of the work.

In the mean time i was keeping an eye on his affiliate program and saw they were adding the stuff we made for him and even de stuff he was complaining about.

He told me that he would take a week to look over the work and all and that i should gave to him for free because he had to wait to long. This is a total of $3300 we are talking about and he thinks i am goingt o give it him for free. I don't think so. Today i told he has to pay and that i won't wait any longer. But still he is not paying nor he answering his icq to me.

What should i do. Make him public or other things. Court maybe. Please let me know. I won't give any names or programs names as i don't want to hurt his company.

thanks in advandce.

Lee · 12-30-2004

How many sites? What type? What niches?

How much to take over the contract?

pearl noir studio · 12-30-2004

the site, amateur, 15 pages, 180 galleries (several niches, 32 free sites, 10 banners, 10 dvd covers. The client is living in the USA.

We would take it of our hands for as little as $1800 - $2000

Nickatilynx · 12-30-2004

Quote:

What should i do. Make him public or other things. Court maybe. Please let me know. I won't give any names or programs names as i don't want to hurt his company.

Out them too!!!

Who is it so other may take note.

They have burned you , why do you owe them silence?

pearl noir studio · 12-30-2004

because i give some more time to come up with the money. the dude was always ok. I am sorry it went this way.

Lee · 12-30-2004

Shame..

Any other niche than amateur and we could have talked about us taking it off your hands

Hopefully youll get a sale though now you posted the info on what you have

pearl noir studio · 12-30-2004

thanks man.

Newton · 12-30-2004

PSD files are not given out until the client has paid in full, if the client has requested these. If you are constantly changing the graphics, then only the final product will be of use, unless it was the clients intention to use them regardless of any changes that were made.

Changes are always a given and any graphics given to the clients, will have a watermark on them, you own the copyrights on these until sold, and if they are not paid for you retain the right to sell them (minus of course the content used in the creations, if belonging to the client). The client can not use these if he has not paid for the design, as you hold the copyright and creation date on these, thus proven they were designed by you or your company.

If the client has not paid and are not actively seeking to keep the lines of communication open, you should potentially contact their hosting service to have those graphics withdrawn from the sites. Naming and shaming the client will result in them bringing their version to the table and also serve as a potential warning to others.

Seek legal advice if you wish to take this further.

gonzo · 12-31-2004

You can retain the services of Man and Bat Inc.

Contact them at our website

http://www.fatfuckingnobodies.com

Nickatilynx · 12-31-2004

Quote:

Originally posted by gonzo@Dec 30 2004, 09:03 PM
You can retain the services of Man and Bat Inc.

Contact them at our website

http://www.fatfuckingnobodies.com

I think more names should be added to that site...

(cough)

(whistling)

venturi · 12-31-2004

Quote:

Originally posted by Newton - XXXAmigoz@Dec 30 2004, 01:18 PM
PSD files are not given out until the client has paid in full, if the client has requested these. If you are constantly changing the graphics, then only the final product will be of use, unless it was the clients intention to use them regardless of any changes that were made.

Changes are always a given and any graphics given to the clients, will have a watermark on them, you own the copyrights on these until sold, and if they are not paid for you retain the right to sell them (minus of course the content used in the creations, if belonging to the client). The client can not use these if he has not paid for the design, as you hold the copyright and creation date on these, thus proven they were designed by you or your company.

If the client has not paid and are not actively seeking to keep the lines of communication open, you should potentially contact their hosting service to have those graphics withdrawn from the sites. Naming and shaming the client will result in them bringing their version to the table and also serve as a potential warning to others.

Seek legal advice if you wish to take this further.

Good advice. I'm not a designer, I'm a programmer. However, whenever possible I do all the work on my own servers for this very reason. Any contract over $500 requires a 50% down payment - no exceptions. Even my closest friends understand this - it's policy and while I may love you like a brother I can't make exceptions and maintain the integrity of my business.

It sounds like you dropped your guard on this gig and got taken. That sucks.

It's happened to me and that's why I have my policy now. No pay, no work, period.

It's a double-edged sword though. Some clients will run away if you require payment up front. That's their perogative in my book. If they are too scared to trust me and my reputation then ok, I'm not going to sweat it. Plenty of respectable people DO trust me.

In this situation you're probably fucked on recouping the money, sadly. The most you could likely do is file a DMCA on them if you see your works online. Beyond that I am not aware of any real legal recourse you have given that you have already delivered all the goods.

pearl noir studio · 12-31-2004

thanks every one for the info and stories. And special thanks to Newton - XXXAmigoz i can really do something with the info you gave me.

Newton · 12-31-2004

Most welcome and good luck in pursuing this

12-30-2004	#1
pearl noir studio Members Join Date: Dec 2004 Posts: 65	I have client i did a ton of work for. Banners, galleries, pay site ect. Even we called him when ever he needed to know something or help. We were late with his work because he wanted to change everything all around all the time. So normaly we first ak 50% before start but we dealed with him a few times and everything went ok. This time he said things were not ok and we changed it around then he wanted some other designs in between and we did quite fast and liked it and so on and on. Then he said some things were not good and other were. So time to pay and split our ways. I told him that he could tell me what he didn't like and we would see how we would handle that. In the mean time he was able to download all the work and he also wanted the psds so we gave them to him with the work. He took the work went on holiday reported two weeks later and said he didn't like it and was no good part of the work. In the mean time i was keeping an eye on his affiliate program and saw they were adding the stuff we made for him and even de stuff he was complaining about. He told me that he would take a week to look over the work and all and that i should gave to him for free because he had to wait to long. This is a total of $3300 we are talking about and he thinks i am goingt o give it him for free. I don't think so. Today i told he has to pay and that i won't wait any longer. But still he is not paying nor he answering his icq to me. What should i do. Make him public or other things. Court maybe. Please let me know. I won't give any names or programs names as i don't want to hurt his company. thanks in advandce. __________________ IF YOU BRING THE TRAFFIC THEN WE BRING THE CASH!!!

12-30-2004	#3
pearl noir studio Members Join Date: Dec 2004 Posts: 65	the site, amateur, 15 pages, 180 galleries (several niches, 32 free sites, 10 banners, 10 dvd covers. The client is living in the USA. We would take it of our hands for as little as $1800 - $2000 __________________ IF YOU BRING THE TRAFFIC THEN WE BRING THE CASH!!!

12-30-2004	#5
pearl noir studio Members Join Date: Dec 2004 Posts: 65	because i give some more time to come up with the money. the dude was always ok. I am sorry it went this way. __________________ IF YOU BRING THE TRAFFIC THEN WE BRING THE CASH!!!

12-30-2004	#7
pearl noir studio Members Join Date: Dec 2004 Posts: 65	thanks man. __________________ IF YOU BRING THE TRAFFIC THEN WE BRING THE CASH!!!

12-30-2004	#8
Newton It's always business, never personal! The POWER of radio Oprano Radio Join Date: Aug 2004 Location: On a golf course Posts: 4,916	PSD files are not given out until the client has paid in full, if the client has requested these. If you are constantly changing the graphics, then only the final product will be of use, unless it was the clients intention to use them regardless of any changes that were made. Changes are always a given and any graphics given to the clients, will have a watermark on them, you own the copyrights on these until sold, and if they are not paid for you retain the right to sell them (minus of course the content used in the creations, if belonging to the client). The client can not use these if he has not paid for the design, as you hold the copyright and creation date on these, thus proven they were designed by you or your company. If the client has not paid and are not actively seeking to keep the lines of communication open, you should potentially contact their hosting service to have those graphics withdrawn from the sites. Naming and shaming the client will result in them bringing their version to the table and also serve as a potential warning to others. Seek legal advice if you wish to take this further. __________________ Poser Bush in a mix-up over his hi-tech gizmo - ICLOD

12-30-2004	#2
Lee Banned Join Date: Mar 2003 Posts: 539	How many sites? What type? What niches? How much to take over the contract?

12-31-2004	#9
gonzo Fat Fucking Nobody Want to see your own Advertising Here! Join Date: Apr 2003 Location: Atlanta,Ga. Posts: 17,795 Blog Entries: 11	You can retain the services of Man and Bat Inc. Contact them at our website http://www.fatfuckingnobodies.com __________________ We are putting the bastards of this world on notice; greed and corruption will always be met with "a voice made of ink and rage." "Never try and be like anyone else" - Hunter S. Thompson "The truth is the truth no matter how you try and package a lie" - Shellee Hale