> How much of the Indian’s content is in the completed web page Since you have not paid them you cannot use any of their work - that would be stealing.
On Mon, May 23, 2011 at 5:40 PM, David Boccabella < [email protected]> wrote: > Ok – to clarify the situation > > > > Your client (the domain owner) approached you – a contractor – to do some > work i.e. Build a website > > You then subcontracted another group – the Indians – to do some of the work > for you and they did not deliver. > > And they are now threatening your client. > > > > Firstly – as the Indians had no direct contact with your client NOR was > there any agreement directly between them and your client – there is nothing > they can do. > > > > Any court of law would drop this immediately as the case would be between > yourself and the Indians. And as such you have a good reason (Backed by > Elance’s refund) for cancelling the > > Contract between you and the Indians. > > > > So – Inform your client of the reason that you dropped the Indians from > doing the work (you had the clients best interests at heart and the quality > was not there), and that the Indians are trying to harass you into paying > them for nothing. > > > > If really push comes to shove (and we are talking big courts here which I > seriously doubt that the Indians can afford to do) these questions may need > to be asked. > > > > 1. Who owns the copyright on the logo’s and the web design (usually > the client or you unless you have asked the Indians to develop this from > scratch) > > 2. How much of the Indian’s content is in the completed web page > (Although it MAY look the same – if there is significant changes to the > functionality of the web page and/or coding) since if you can show that most > of their content was deemed unacceptable in quality and was discarded then > likewise they have little call for recompense. > > 3. Elance is a mediator company I understand, so that they are there > to protect both parties from each other should things go bad (as they > have). If they have acted in your favour then likewise there is not much the > Indians can do otherwise sue Elance. > > > > Your position - pretty safe. Just make sure that your client understands > the reasons for dropping the Indians (with examples if possible) and that > they are just harassing. If you also have documented emails and details > between yourself and the Indians re quality of work then this only > strengthens your case. > > > > Good luck, and take a good breath. > > Dave > > > > > -- Liam McLennan. [email protected] http://www.eclipsewebsolutions.com.au
