ORM refund
- Thread starter chamith
- Start date
- Jan 16, 2017
- 5,074
- 10,325
Not if I promised to fulfill a goal or service at the price given in the first place, if you sell someone a link and you can't get it for them you cannot then charge more afterward due to it taking you more work than anticipated, same goes here, whether or not you ask for more comes down to the arrangement you had in the first place, just make the right choice and do what is fair.
Did they get the results or service they were promised and paid to receive?
If not, refund them as that is the right thing to do.
- Mar 10, 2010
- 42,697
- 107,138
It all goes to the contract between buyer and seller.
- Mar 22, 2013
- 6,272
- 10,983
Look, its quite simple: You sell a service and come up with a price. It is your responsibility to calculate how much money is needed and what needs to be done. You find a customer who is willing to pay this price for a service and he expects you to deliver what you offered.
But you can't or shouldn't change the price in the process, except you didn't state so beforehand. If the client asks for a refund, you should refund him, especially if you didn't deliver. From a customers perspective it doesn't matter how much money or time you spent, because you offered a service and he paid for it. He did his part.
If you can't get the job done, don't offer the service in the first place. If you miscalculate the price, don't expect your customer to pay more.
But you can't or shouldn't change the price in the process, except you didn't state so beforehand. If the client asks for a refund, you should refund him, especially if you didn't deliver. From a customers perspective it doesn't matter how much money or time you spent, because you offered a service and he paid for it. He did his part.
If you can't get the job done, don't offer the service in the first place. If you miscalculate the price, don't expect your customer to pay more.
koulde
Junior Member
- Aug 3, 2013
- 148
- 371
Answering from experience:
Like others mentioned, its up to you. Did you include it in your terms or not. I have general t&c that include refund if the invoiced tasks were not fulfilled; doesn't mention I need to provide the results the client had in mind but it also makes me liable if I didn't even move a finger.
Its called a variation, only happens in two instances 1) when the client asked for more for the same project so rather than issuing a new quote we simply add an additional variation cost on top of the original on-going project. 2) force majeure clause invoked. Again this depends on your contract, and can happen for more than those two instances.
Did you promise a refund if you can't get their online rep right? if no contract was involved you are in a tough place because not many people honor customary codes.
Get the task done on your own budget, if you want to keep the client. Make a better contract, protect yourself and your business.
Can you please send me a contract example
- Nov 25, 2017
- 11,571
- 7,556
When I have clients asking for more (way more) of what was agreed, I rather refund.
Those are NEVER good clients. So better move on with more suitable projects.
Those are NEVER good clients. So better move on with more suitable projects.
koulde
Junior Member
- Aug 3, 2013
- 148
- 371
This is just to give an idea. This is a sample social media contract I found online and tinkered it for orm, read it carefully and change the corresponding information to fit your needs. Please be aware, it is best to refer this to someone with a legal background in commerce; bound to be loopholes here and there.
This Agreement is executed at <<location>> on the ......(date) of .........(month), (_______year )
between <Agency Name>, <Agency Address>, (a company registered under the <<country's commerce regulator>> and hereinafter referred to as "the Agency" which expression shall include its successors and assigns) of the one part hereafter also to be referred as “AGENCY”
&
M/s (XYZ), Add (....) (a company registered under the <<country's commerce regulator>> and hereinafter referred to as "the Client", which expression shall include its successors and assigns) of the second part., hereafter also to be referred as the “CLIENT”
It is agreed by and between the Client and the Agency as follows:
1. AGENCY APPOINTMENT
The Client hereby appoints the Agency to handle all online reputation management services required for its brand. (Name of the brand .....)
2. AGENCY SERVICES
The Agency shall provide to the Client, services, which shall include the following:
- service
- service
- service
3. COMMENCEMENT AND DURATION
This agreement is deemed to commence from the (YYYY/MM/DD), and shall remain in force for (number of) months. The agreement may be renewed thereafter as may be mutually agreed by both parties.
4. CONFIDENTIALITY
The Agency shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client's specific prior consent, otherwise than in compliance with statutory requirements.
5. GOVERNING LAWS
The Client and the Agency shall comply with all statutory regulations. This agreement will be subject to <<country>> jurisdiction.
6. AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a retainer fee of <<currency>> (amount)/- only per month. This amount will be payable at the beginning of the month, upon receipt of invoice from the Agency.
All out-of-pocket expenses such as additional resources, subsidiary agencies services, etc incurred by the Agency, as part of this assignment, would be borne by the Client. Such out of pocket expenses will be incurred by the Agency only after specific approval from the Client.
Similarly charges for any other services including <<orm related assets>>, etc. if applicable, will be charged extra.
7. TAXES
<<country tax regulations and its relation to agency purchases here>>
8. PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that particular month. All other Invoices raised on the Client will become payable within <<duration>> from the date of all such Invoices.
9. INDEMNITY
The Agency shall indemnify and keep the Client indemnified against all losses, expenses or damages that may be suffered by the Client due to any default or breach of terms by the Agency under this Agreement. The Client shall indemnify and keep the Agency indemnified against all losses, expenses or damages that may be suffered by the Agency due to any default or breach of terms by the Client under this Agreement.
10. NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement and for a period of <<period>> following its termination or expiration, it shall not, without the previous written consent of other party, employ or contract the services of any person who was employed by the party at any time during a period of <<period>> preceding the date on which the offer for employment is made to the party.
11. FORCE MAJEURE
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, natural disasters.
12. EVALUATION
The Client and the Agency shall evaluate progress under this agreement at the beginning of every quarter and take corrective action as may be required.
13. MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of the Client and the Agency.
14. WAIVER
The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party.
Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and the Agency.
15. TERMINATION
Either party may terminate this agreement by giving <<period>> months written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period.
16. ARBITRATION
Any dispute, difference or question arising out of this agreement shall be settled amicably between the parties, failing which the same shall be referred to arbitration under the <<what ever body avoids courts>>, and the place of arbitration shall be <<country/city>>.
17. NOTICES
Any or all notice to be given by the parties hereto to each other under this agreement shall be in writing and shall be transmitted (a) by registered post or by courier service or by personal delivery, as elected by the party giving such notice, at the addresses as mentioned below:
a) In the case of notice to the Agency at: <Agency Address>
b) In the case of notice to the Client at: <Client Address>
IN WITNESS WHEREOF the parties hereto have executed this Agreement in duplicate through their respective duly authorized officials on the day, month and year herein above mentioned.
For: <Agency Name>
<Your Name>
<Your position>
......................................
For: <Client Name>
<Client Representative>
<Designation>
between <Agency Name>, <Agency Address>, (a company registered under the <<country's commerce regulator>> and hereinafter referred to as "the Agency" which expression shall include its successors and assigns) of the one part hereafter also to be referred as “AGENCY”
&
M/s (XYZ), Add (....) (a company registered under the <<country's commerce regulator>> and hereinafter referred to as "the Client", which expression shall include its successors and assigns) of the second part., hereafter also to be referred as the “CLIENT”
It is agreed by and between the Client and the Agency as follows:
1. AGENCY APPOINTMENT
The Client hereby appoints the Agency to handle all online reputation management services required for its brand. (Name of the brand .....)
2. AGENCY SERVICES
The Agency shall provide to the Client, services, which shall include the following:
- service
- service
- service
3. COMMENCEMENT AND DURATION
This agreement is deemed to commence from the (YYYY/MM/DD), and shall remain in force for (number of) months. The agreement may be renewed thereafter as may be mutually agreed by both parties.
4. CONFIDENTIALITY
The Agency shall maintain absolute confidentiality with respect to any confidential information received from the Client. The Agency shall not disclose any such information without obtaining Client's specific prior consent, otherwise than in compliance with statutory requirements.
5. GOVERNING LAWS
The Client and the Agency shall comply with all statutory regulations. This agreement will be subject to <<country>> jurisdiction.
6. AGENCY FEES AND REMUNERATION
The Client agrees to pay the Agency a retainer fee of <<currency>> (amount)/- only per month. This amount will be payable at the beginning of the month, upon receipt of invoice from the Agency.
All out-of-pocket expenses such as additional resources, subsidiary agencies services, etc incurred by the Agency, as part of this assignment, would be borne by the Client. Such out of pocket expenses will be incurred by the Agency only after specific approval from the Client.
Similarly charges for any other services including <<orm related assets>>, etc. if applicable, will be charged extra.
7. TAXES
<<country tax regulations and its relation to agency purchases here>>
8. PAYMENT TERMS
The Client agrees to pay Retainer Fees against Invoices at the beginning of the month for that particular month. All other Invoices raised on the Client will become payable within <<duration>> from the date of all such Invoices.
9. INDEMNITY
The Agency shall indemnify and keep the Client indemnified against all losses, expenses or damages that may be suffered by the Client due to any default or breach of terms by the Agency under this Agreement. The Client shall indemnify and keep the Agency indemnified against all losses, expenses or damages that may be suffered by the Agency due to any default or breach of terms by the Client under this Agreement.
10. NON- SOLICITATION
Both the Client and the Agency hereby covenant that during the term of this agreement and for a period of <<period>> following its termination or expiration, it shall not, without the previous written consent of other party, employ or contract the services of any person who was employed by the party at any time during a period of <<period>> preceding the date on which the offer for employment is made to the party.
11. FORCE MAJEURE
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, natural disasters.
12. EVALUATION
The Client and the Agency shall evaluate progress under this agreement at the beginning of every quarter and take corrective action as may be required.
13. MODIFICATION IN TERMS
Any changes in the terms and conditions contained herein shall have effect only prospectively, and shall be valid only if recorded in writing and signed by the authorized officials of the Client and the Agency.
14. WAIVER
The failure of either party at any time to enforce any provision of this Agreement, shall in no way affect its right thereafter to require complete performance by the other party.
Further, waiver of any breach of any provision shall not be held to be a waiver for any subsequent breaches. Any waiver shall be valid only if it is recorded in writing and signed by the authorized officials of the Client and the Agency.
15. TERMINATION
Either party may terminate this agreement by giving <<period>> months written notice to the other, without assigning any reason whatsoever. The obligations of the parties shall continue during the notice period.
16. ARBITRATION
Any dispute, difference or question arising out of this agreement shall be settled amicably between the parties, failing which the same shall be referred to arbitration under the <<what ever body avoids courts>>, and the place of arbitration shall be <<country/city>>.
17. NOTICES
Any or all notice to be given by the parties hereto to each other under this agreement shall be in writing and shall be transmitted (a) by registered post or by courier service or by personal delivery, as elected by the party giving such notice, at the addresses as mentioned below:
a) In the case of notice to the Agency at: <Agency Address>
b) In the case of notice to the Client at: <Client Address>
IN WITNESS WHEREOF the parties hereto have executed this Agreement in duplicate through their respective duly authorized officials on the day, month and year herein above mentioned.
For: <Agency Name>
<Your Name>
<Your position>
......................................
For: <Client Name>
<Client Representative>
<Designation>
it really shows you have no idea to what you are doing if you cant even estimate the price correctly ,if i were you i would swallow the extra cost and put it down to experience rather than risk a bad review, you may even get that money back from the client in future if he feels you know what you are doing .
- Oct 30, 2020
- 2,203
- 1,238
It depends.
If you promised something and didn't deliver, no.
If a client wants a 'promised service' , they need to pay for EXACTLY the professional recommends
no refund situation:
i have clients that come to me all the time with their own ideas and directions for my business/team to follow. I have no problem with this as many are very knowledgeable and know exactly what they need. Therefore the exchange is as simple as a purchase and no guarantee needed. I would not refund for something where I'm not the captain of the ship.
refund situation:
Now if a client came to me with specific needs and I told them "This is what you hve to do. Pay $X,XXX" and I will get you these results for sure. And in this situation I'm the captain of the ship/plan, and the plan fails, then i would consider giving a refund if it were CLEARLY a fail.
If you promised something and didn't deliver, no.
If a client wants a 'promised service' , they need to pay for EXACTLY the professional recommends
no refund situation:
i have clients that come to me all the time with their own ideas and directions for my business/team to follow. I have no problem with this as many are very knowledgeable and know exactly what they need. Therefore the exchange is as simple as a purchase and no guarantee needed. I would not refund for something where I'm not the captain of the ship.
refund situation:
Now if a client came to me with specific needs and I told them "This is what you hve to do. Pay $X,XXX" and I will get you these results for sure. And in this situation I'm the captain of the ship/plan, and the plan fails, then i would consider giving a refund if it were CLEARLY a fail.