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I need SOMEONES opinion on this, because I'm not quite sure what I can do, but I've got 9 days to figure it out, and I refuse to simply give up.
Recently someone ordered something from me, a very very simple layout, and apon ordering they agreed to the following terms:
1. There is a cancellation fee which equals out to 20$. Also, if a payment is made late according to our agreement that payment will have an additional 20$ added on to it.
2. There is a three tier one-third payment system, for most projects. 1/3 before I begin work (non-refundable), 1/3 once a acceptable layout is provided and 1/3 when the files are sent.
Now, I had an extreme emergency come up and I wasn't able to do the layout in the time I had told her, and I told her this and explained it to her, that I wouldn't be around much, but that I WAS planning on doing her project. Not only that, but I answered numerous questions she had relating to a script she installed that she messed up, and did a small thing for her for free, because I had nothing else to do at the time.
Now, I come back and she's filed a dispute with paypal saying that I never gave her what she payed for even though 1. I told her I was doing it 2. the first payment is nonrefundable anyhow and 3. for cancelling the project there is a 20$ fee...
I've went to the paypal site and the only options I have there are to either refund her, show tracking information, or proof that her item was shipped. And no way to even explain my half of the story. I would just give her the refund, but she says that she won't pay the cancellation fee anyway, and I'm so frustrated over this. It's not right, and I know life isn't fair, but it can't just be this easy for people to rip us off, can it? -
Anna -
You indicate that you needed your client to flex because of your emergency, but you don't say whether or not the client agreed. Your answering questions and giving away something for free are outside of your agreement, unless there were amendments to your original agreement that you haven't shared with us.
Is your agreement in writing? If it is, that might help your case with PayPal regarding the disputed down payment. However, unless you have written amendments to that agreement that stipulate the changes in the due dates for this project, you have broken the agreement even though it may have been out of your hands because of the emergency.
If your agreement isn't in writing (and I must ask why not), it becomes a you said/they said squabble and, unless we're talking about a considerable sum of money that was paid down, you'll probably be better of just letting it go and chalking this up to experience. "Friendly" agreements often go sour - it's the nature of the beast. I know you'll build in an emergency clause in future agreements so that this doesn't bite you where it hurts again.
That's my 2 cents. :^{> -
She did agree, and told me to continue with the project.
In writing? Techniquely not. I have conversations through aim and such but nothing in actual writing or faxes or anything like that, and thats mainly because right now I don't have the means of doing things that way, really.
It wasn't a large amount of money at all, and it's not even really the money that gets me, but that a person has the means to get away with something like this and that the client sees absolutly nothing wrong with her actions at all. -
Anna -
That's a painful truth about some people who are all about flexibility when it's their needs that change and all about agreements being violated when it's the other person needing some flexibility too. My wife and I have been in business for over 10 years now and we avoid setting due dates in our agreements for that reason and others.
Can you not bring up AIM transcripts for review? It's been a while since I've used an IM - I find them annoying and prefer more direct contact - either e-mail, phone, or face to face. As far as the means for having things in writing, a simple document can be arranged in Word or less and e-mailed to the client for approval. The document can then be signed and faxed or snail mailed back to you for future reference.
That's my 2 cents. :^{> -
Thank you so much for your help! I'm doing what I can as of now to settle this fairly.
However I do thank you for your suggestions and help. I will certainly consider doing emails for contracts, I actually hadn't thought of doing it that way! -
Things like this are when I chime in and recommend that EVERYONE get a copy of this book:
It's pretty much indispensible IMHO. -
Thank you nifkin! I will def look into purchasing that!
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