Problem with a client..

So a client hired me to a design job.

To protect myself and the client, I put in a contract that both I and the other party agreed to.

Note: Before agreeing to the contract, I always give my potential clients the right to make any amendments to the contract if they think any of the conditions are unfair. Most of my other clients don't make amendments but some do. Unfortunately for this client, this client didn't take that opportunity and is furiously bitching how they don't even want to pay a cent.

It basically states that I will not initiate any design activity until the client agrees to the contract we made. Also, if there is a cancellation after the project has started, they are obliged to pay the full amount to compensate the time I put into it.

After agreement, we had several conversations all throughout the start of the project. I went to work and made several drafts with constant input from the client.

Once making the final design it seems that I didn't send the data to the client by accident. I know this is bad but I had tons of projects on hand at the time, I know this is lame excuse but people make mistakes right?

After some time passed, I noticed it was strange that the client did not respond to my work so after emailing a "what's up", the party told me that they moved on to another client (meaning they have cancelled their work with me). I said that I'm sorry to hear that but we do have a contract in place, and I appreciate the compensation for my time.

Now that's when the shit storm starts and the only thing I have for to fall back on for protection is the contract we agreed to. I must mention again that we both agreed to the contract and if I don't enforce the contract, to me that makes my contracts useless with all my current clients and future clients.

You forgot to send the finish product, am I right? How many days have passed before you realize the mistake? If it took like 10 days the customer has the right to hire a different designer without paying you because no answer was given, assuming you didn't want to continue such project.

Sombrero said:

You forgot to send the finish product, am I right? How many days have passed before you realize the mistake? If it took like 10 days the customer has the right to hire a different designer without paying you because no answer was given, assuming you didn't want to continue such project.

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Thanks for the input.
Yeah I did but that's not in our contract.

This 10 day thing... which country is this for?

Also, I wanted to continue the project. I wouldn't agree to anything without knowing I can do it.

I also have the project done but the client never inquired to why I never sent the final data.

Seriously its your mistake. Its up to you to update you client
not him to chase after you.

The fact that you insisted on a contract, then forgot him, would definitely piss me off.
and I would have hired some one else too.

Within any contract. there is a inherent belief that you will complete the job in a swift and timely manner.
Which as far as the client could see, You didnt.

If you go to court, he can argue, that the contract was put in place to tie him to you, and that had no intention, to carry out the job, when the client needed, but at your convenience.

Who knows which way the judgement will go, but the publicity will be bad for your business
The mistake was yours. You cant really hold the client responsible for moving on.

Rather than demand he stick to his part of the contract, you should have offered an apology and a discount, for the inconvenience you caused him

Best thing to do, is learn from this.

Yes the mistake was there that I did not send the final draft but I had constant communication with making several copies of the draft.

I also understand the consequences of the reputation my business can have. I'm not worried about the money, I'm more worried about having my contracts being there to protect me if something were to happen. From my understanding if clients can break my contracts that we agreed upon, that wouldn't that make contracts useless.

The funny thing is that the client first agreed to honor the contract and compensate me for my time and I sent a gift for the inconvenience this has caused. Just this morning did a total 180.

I understand the anger but people should read what they sign.

Yes, the best thing to do is learn. The best clients are always the worst ones!

Thanks for the replies. I appreciate your opinions regarding this problem and I hope people can learn from this.

Also, I like to add that the client does have the right to move on to another designer but wouldn't it be common courtesy to at least tell the designer who has worked more than 3 weeks on the project to give a reason for the breach of contract? The client went cold after having more than 20 emails exchanged between us.

I decided to write it off because it is not worth the time. People do make mistakes and I do accept that responsibility I made. But for the client to think and act like they own me makes it a bit hard to swallow.

I rather be working and making money than to fuss over this minor issue. Can't let one problem take down a business.

He moved on, you too do the same.

Do better next time .

i dont agree with people telling you to move on what kind of person has a designer do several revisions then when expecting another revision within a few days and you dont receive it any normal person would send you an email or message over skype and ask for an update on your progress, simple as that. You dont immediately move onto another designer, and you also had a contract so that makes it even worse on the buyers part.

wickedstorm said:

i dont agree with people telling you to move on what kind of person has a designer do several revisions then when expecting another revision within a few days and you dont receive it any normal person would send you an email or message over skype and ask for an update on your progress, simple as that. You dont immediately move onto another designer, and you also had a contract so that makes it even worse on the buyers part.

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I am letting this go because it is in my best interest to serve other people who need my services. Not worth the time and money to fight this and such distractions will let my other work go awry.

Fuck the client! ~ Wolf of Wall Street

I am letting this go because it is in my best interest to serve other people who need my services. Not worth the time and money to fight this and such distractions will let my other work go awry.

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in business, there will always people who wont pay, Thats life and pat of doing business.
Even big businesses like banks, have this problem and there contacts have a lot my force
than yours will ever have.

Even then they have to write of debts. for one reason or another.
Luckily most people stick to contacts, because they don't want the hassle of going to court and having their name dragged though the mud either.

move on
live and learnd from your mistakes
If u got too much jobs to take of your own clients hire someone for it
Remember your brand its really important

Who drew up your contract? Did you just use a template off the web?

Since no one else has said it, I will. This is your fault. You say you set up a contract with the client? Well contracts bind you too. You agreed that you would complete a certain amount of work, you had a contract in place. You never sent the work. You violated the contract. Which means the client has no obligation to pay you.

It's great that you're moving on, but just remember that the client is not at fault here. You are. If you had decided to fight this then you'd find yourself on the losing side.