Need soome advice guys!

tunedTECH · 04-19-2009, 05:31 PM

Ok here is a story.

I have signed a contract for making my website. so i paid 50% deposit and 50% when its done. but then i was really get disappointed to their service because it was to slow and cant do the job how i really wanted. so i have take some action and do some research how to do thing myself and i finally managed it all. now they emailed me again about the job and show me some progress after i did everything already, well most of the part at least. now i told them that your service was to slow and i did it myself instead and told them that i was really disappointed. I know that i already wasted money paying them a deposit and now asking me for the rest of the money which they never done anything good to my site really. so i told them that i am not going to pay the rest because i have done all the job myself. so my real question is if we put this on court you think that i am able to win it or not?

Help and suggestion would be really appreciate it!

Atom · 04-19-2009, 05:34 PM

How slow?

**3ncryptabl3_lick** · 04-19-2009, 05:51 PM

Moved to Legal and removed that other guys posts. Weird.

I'd like to echo Atom's first question, how slow is slow?

Did you not set a deadline for the project? If you did, was it met?

If you're not happy with the progress the design is taking, you're the client and should be saying so. Not just killing the project and moving on, that's not fair to the artists and you're just throwing your money away becuase you wont get your deposit back.

If you've done all the work you wanted to have done and you've effectively killed the project before they've completed the first teir workload then no they can't sue you -Unless you signed a binding agreement that stipulated that you would pay in full when they released/finished the first phase. But nobody in their right mind would do such a thing as to blanket-pay for something they don't like so if you did sign something, or even enter into a verbal agreement, then I'm pretty sure it all hinges on the premise that you are satisfied with the work. You don't seem satisfied and so they haven't completed the task so you don't have to pay the completion payment.

Just be aware that you also dont get to keep the work they've done. If you do then you have to pay the full charge.

tunedTECH · 04-19-2009, 10:07 PM

We didn't set up any time when it will be finish. but before i signed a contract i ask him when it will be done but he said we just gonna let you know when its done.

Its been over a month and the job still not finish and i only ask them to do for several things to add on my forom page which is i am pretty sure skilled web graphic/designer etc can do that not even a week. just adding some mods on my forum etc.

I am not really satisfied and i am not even using any of their work. so if we bring this to the court you think i have a chance to win and what should i say! really need some advice because this will be my first time.

tunedTECH · 04-19-2009, 10:27 PM

also do i have to get myself a lawyer? because i know getting a lawyer will cost me more.
if i win to this, is he going to pay me anything or nothing really? and what if i lose you think it will cost me more?

**3ncryptabl3_lick** · 04-19-2009, 10:49 PM

If you signed a contract, then you need to go by that. Doesn't matter what advice we give you, if you are in breach then you might want to get a lawyer. If they are in breach then don't worry about it.

tunedTECH · 04-19-2009, 11:45 PM

what do you mean about breach?

but he didnt finish the job as i wanted still

raphnix · 05-08-2009, 12:27 AM

Quote:

Originally Posted by tunedTECH

what do you mean about breach?

but he didnt finish the job as i wanted still

Read the terms of your contract with them carefully. Should you intervene during their work of your website made the agreement void can be an advantage point in their part as a defense.

If your agreement says nothing particular about whether the website should be done at a certain period or must be finished in a specific product, it would be hard for your defense.

Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.

tunedTECH · 04-19-2009, 11:48 PM

the job is not 100% done and now he want me to pay the rest before they will proceed working on it.

BlackEyes · 04-20-2009, 12:35 AM

First, before you sign contract like that you should ask when it will be finish..deadline is one big factor for a project..If the job is not 100% done then the payment should be deducted because of the slow progress of their work..And that should be a lesson for you dude..

Natural Elements · 05-04-2009, 12:15 PM

The rule of thumb is never sign a contract or if you really need to sign one, go see your lawyer before sending it to the other company. Make sure all the terms and conditions are clear. The more specific you are in the contract and the less surprises you will have.

Too many people fall in this trap and lose thousands dollars, etc

Always be careful when companies ask you to sign a contract.

In your case, you should be aware that if you don't pay the balance and they go after you, you will need to pay your lawyer, their lawyer fees and the balance, so take a lot of precautions.

Kembelar · 05-07-2009, 07:11 AM

i think you should pay the other half of the payment and then after you've pay them, then you should tell the company that they should stop working on your site.... then tell them the reason behind

darrenalex · 09-05-2009, 06:59 AM

Hi.... The problem which you post is seriously major and about the solution of it then from here you can take some legal action on them so your work which was pending going to progress....Thanks for sharing your post...

ZunuZunu · 09-06-2009, 03:30 PM

IMO, you should pay them all money. I am not lawyer but still 100% sure that you can't win in court, if you was my client.

joeldavis · 09-06-2009, 07:53 PM

The only advise anyone can give you is read the details in your contract. I wouldn't condone not paying without working something out. I think the best advise you could get right now, assuming you have a tight contract, is advise on negotiating skills. These guys need to understand they're better off settling with you than pursuing something in court. I've been exactly in your position before--hired the wrong people and ended up doing the work. I feel your pain.

lxh · 10-01-2009, 02:43 AM

actually it is your right to reject them if they are not providing you the right service that you agreed upon. but you need to inform them that you are not interested with their service. in that way they will not continue working on your task.

Maximus1331 · 10-29-2009, 09:29 AM

I just have a few doubts.

Is that a written consent between the two parties?

If so, there should have been a disclaimer statement.If its not a written consent you need not worry just ignore their mails.

marrya · 10-29-2009, 09:59 AM

have u gave any deadlines to them ? or told if they dont do it u may not pay them ?

ELCaD · 10-29-2009, 11:29 AM

I have quickly skimmed through the thread and frankly, if there was no time frame put in place in the contract then you have no choice but to fulfil your obligations and pay them as originally agreed.

gomez09 · 10-29-2009, 04:04 PM

the first thing you have to do is to review the Terms & Conditions the provided. 50% down payment is automatically non-refundable and the 50% balance is paid after completion of the project.

If they did not comply with finishing the project, you have the right to hold the payment.

It is also important to check the Timeline they provided and that they must meet their deadline.