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reecec
Forum Contributor
Posts: 218
Joined: Sun Apr 02, 2006 7:12 am

Help Webdesign Customer

Post by reecec »

Hi,

Just looking for some advice

I have been developing a CMS for £300 which seemed ok at the time. although rather on the cheap side for what was involved.

They have been a pain for months asking for things to be changed including endless emails

I have now finally configured the site on the new server fixing a few errors due to sessions as some functions don't work on their server (thought it would be the end)

The customer somehow has deleted these files and wants me to configure them again for free using the original files. I understand the files are his but not extra work for free

I did not back-up the configured files up as I was just setting it up on their server

I have many backups of the files just not the configured ones


I explained i could not work on this again for free

He now wants his £300 refunded.

The time spent from this awkward customer is worth about £1000 and he wants his £300 back for his mistake.

I have already made the site and worked hours.


Any thoughts where I stand??

I encrypted the files as I don't want him having the source for £300 where do I stand on this aswell
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onion2k
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Post by onion2k »

What you sold him doesn't work. Therefore under UK law he would win if it went to court (the goods sold are not of merchantable quality). You're in an especially weak position because he doesn't have the source so he can't go to another developer. You should also be aware that unless he agreed in writing that you would retain the copyright then encrypting the source is strictly illegal. He paid you to write it therefore the copyright belongs to him. It's called a "work for hire" ... he who pays gets to own it unless you both agree otherwise.

You'll either have to refund him all of the money, or some of the money if you can agree that some of the work has been completed, or you'll have to configure the application again. Or tell the client to go away and hope he won't sue you. That's a big risk on two counts, firstly because £300 would be a small claims court case and therefore it's very easy to make a claim, and secondly because he'll be mouthing off to everyone he knows about how terrible you are so you'll end up potentially losing a lot of work if you're in a relatively small community.

Lessons to be learnt from this:

1. Make backups of EVERYTHING. Users are morons. They'll delete things, change things, break things, and expect you to fix it every single time. Once the application is online and working backup everything so you can easily roll back to a working version later.

2. Write a specification and get the client to sign it agreeing that is what you'll provide them for the agreed sum of money. If they want things beyond the specification they'll have to pay more.

3. This is the tough lesson to learn - not all clients are worth having. Some people will try to screw you out of everything if they think they can get it for free. Don't kid yourself that it's worthwhile taking on small contract jobs for a few hundred quid to 'build a portfolio'. Usually it's not.
reecec
Forum Contributor
Posts: 218
Joined: Sun Apr 02, 2006 7:12 am

Post by reecec »

Thanks for your reply

I have read your information

I agree they are the lessons I have learnt

Thanks again

Reece
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