This sounds like their game plan from the start.. I would suggest informing eLance about these people, so they don't repeat on another poor sucker.
On Mon, May 23, 2011 at 10:44 PM, Michael Ridland <[email protected]> wrote: > 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 >> > >
