Hypothetical situation...

I've done some freelance work on the side for various clients. Most if not all of these could be considered hobby projects of my own. I was hoping to get some feedback on a ergh hypothetical situation. Imagine yourself in the shoes of a freelance student such as the one below:

Freelancer (who plays with coding on the side) - hereafter referred to as 'Wasabi' - is offered a paying gig for a custom Wordpress template by person 'X'. X inquiries and requests work from Wasabi. Wasabi obliges and discussion about a project price is set. Despite being considerably lower than what Wasabi would have accepted on any other project, the agreement is made that 3/4 of payment will be put down with the final 1/4 at delivery. Noteworthy: Wasabi agrees for lower price because X has been an avid reader of Wasabi's blogged content.

Project is delivered 2 days later than quoted. Understood by X as Wasabi had given ample notice that finals were taking a severe toll on free time. Nonetheless, complete custom template is delivered. Personal support to get the template running on multiple blogs (blog network) is offered w/o charge. Payment is promised to be completed by the end of the week 4 days later. Agreed payment date passes and one week goes by. No contact from X via email, phone, or instant message (X has all forms of communication). Wasabi inquiries about remaining 1/4 payment and given the excuse that X has had no computer access or time to catch up on emails. Understood by Wasabi. New payment promised in 4 days. Additional week passes without contact. Wasabi emails X about payment in which X responds with "I accepted your delay on delivering template, you can do so for mine." No other explaination other than no regular computer access or time for emails.

Increased suspicion from Wasabi as X adds positive endorsement on Linkedin requesting the same in return and random comments on Tagworld. X obviously has computer access and time to respond to email.

Coming up on 3 weeks without payment completion. Multiple emails sent out by Wasabi and ignored. No formal contract was written up. In hindsight, a mistake. But even with a paper contract, the reality is that the same situation would most likely happen. Wasabi is ready to bite the bullet and face reality that payment will not be completed.

Question.. is it unprofessional to release the Wordpress theme for public use? No contract, obviously no payment to purchase the rights to the template, and complete two faced nature of client...

So what are the options in this hypothetical situation?

i have freelanced once or twice... i have never given final to client until i see the check/money order or deposit...

i have put a mock up of final on my site for the eyes only of client... made a copy via pdf/image type... bascially proved that what was final was ready... final payment was paid then i forked over the finalized project

being nice is bad for freelancers... nice = money lost... nice = power mad clients

being tough = clients will be thankful of breaks from the contractor

be tough... get $$ before project commencement + get $$ before final is handed over

this is what I would do...

write to X and tell him you understand his situation and that you were late in supplying the work.. however if he doesnt pay you - you will have no choice but to release the theme for public use - explaining you reasons - you have to make a living etc. As you are so understanding give him a new generous amount of time to pay - 2 weeks? this way you are being upfront giving him every chance and he has no reason to be upset with you if you have to release the template. Write it extra nice but make you demands very clear with no room for negotiation.

don't be put off freelancing - there are plenty of nice people out there.

Oh Wasabi has definitely learned from his mistake. I'm sure of it. It's just unfortunate when someone that you trust turns around and takes advantage of your kindness. I have a feeling that Wasabi will of course continue to have a positive attitude towards the other individual... a stern, yet polite, final email will most likely go out at the end of the week.

I believe that one more week without Wasabi continually chasing the client for payment will suffice.. right? If by the end of the week not correspondences are received, I'm sure a stern, yet polite email will go out explaining as heather said that a living must be made.

maspick, are you implying that the template should not be released at all? that the loss should be considered a learning experience and that the client should continue having sole access to the template?

Derek -

>>maspick, are you implying that the template should not be released at all? that the loss should be considered a learning experience and that the client should continue having sole access to the template?<<

Not knowing the terms of Wasabi's verbal agreement with X, I wouldn't begin to comment on the intellectual property rights either party is entitled to. If, in fact, the agreement states the template was to become X's property for an agreed upon fee, then X's failure to complete the final payment also causes a failure of that template becoming X's property. Consider, though, that possession is considered nine-tenths of the law and Wasabi delivered, in good faith, the template to X already.

It sounded to me that the verbal agreement was fairly casual in its nature and did not spell out much in the way of intellectual property details and the like. Correct me if I'm wrong. The bottom line, though, is Wasabi's ethical stance in the face of X's unethical behaviour. I believe the maxim that two wrongs do not make a right is always valid and that is why I suggested that Wasabi let it go and walk away have learned a valuable lesson. To use the template elsewhere is to stoop to X's level, thus making the second wrong. I'm sure Wasabl learned a great deal in developing that template that can be used ethically in future development.

That's my 2 cents. :^{>