Hi I get onto my computer this afternoon and I have found that the company had started publicly harassing me via social media.
The reason I disputed was for a moral reason, in that I felt they dishonored their agreement and shouldn't have promised on something they couldn't deliver. It was never about the money for me, I have money to pay for services. Since they wouldn't leave me alone, I ended up giving them a payment. I didn't want to have myself get into a public debated over a disagreement, I didn't want my reputation to be tarnished by this incident which was such a small sum. Maybe this was weak? I'm just happy for it to be over, disaster project. Some nights I was up between 1-4am fixing up issues they introduced, so it would be good for the client morning. Michael On Mon, May 23, 2011 at 7:45 PM, Liam McLennan <[email protected]>wrote: > > 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 >
