Toyo is a theif!

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Before the mailing started, there were several issues with the creatives that I did not have the opportunity to discuss with him. We only agreed on mailing company profiles, and I told that I would not agree on blatant "pump and dump". The creatives that he send me has scammy penny stock advertising which included promises that the stock would rise 1100% within a short period of time. Since he was very impatient on Skype a few hours before, and wanted the mailing to be done before then 9th, my team decided to mail the creatives anyways.

That's not really professional of you.
 
While your explanation seems valid, the fact that you decided to continue the mailing, means you accepted the change in terms (very similar when a cell phone company changes something and gives you the option to get out of contract, if you continue, then you accept and are bound by the new terms. I'm not gonna get involved with legal terms, but you accepted the new terms, once you realized it was harder to do, you are still bounded to those terms).

In my opinion, even with your response, and the way you tried to get out of it. OP deserves his money back in full.
 
wooo .. that's from malauysia .. and i'm malaysian ... send me his bank details, name etc .. and i'll see if i can help .. hate to see dicks like that ruin my country's good name
 
While your explanation seems valid, the fact that you decided to continue the mailing, means you accepted the change in terms (very similar when a cell phone company changes something and gives you the option to get out of contract, if you continue, then you accept and are bound by the new terms. I'm not gonna get involved with legal terms, but you accepted the new terms, once you realized it was harder to do, you are still bounded to those terms).

In my opinion, even with your response, and the way you tried to get out of it. OP deserves his money back in full.

lol. he said that because I didn't give him the amazon free kindle books method on IRC.

That was fast.

Anyways, there wasn't any clear terms and conditions on our deal. We are not dealing with a cell phone company where there is a clause in an agreement of that company that a change in items delivered would mean that the terms of the deal would change. The terms never changed.
 
Anyways, there wasn't any clear terms and conditions on our deal. We are not dealing with a cell phone company where there is a clause in an agreement of that company that a change in items delivered would mean that the terms of the deal would change. The terms never changed.

Are you saying that you didn't tell him a certain amount of emails would be mailed/inboxed for the payment he sent you? Did you or did you not meet the quota of mailing/inboxing that be paid you for? Simple question, needs only a simple answer.
 
Maybe I'm looking at this too back and white but..

You got hired for a job (however shady it may be)
You accepted the job
There were some complications (this is where you could have pulled out)
You started the job and didn't finish it.

Doesn't that warrant a refund? In most of your post you are trying to make OP look like a bad guy to get people on your side but at the end of the day you walked away with 4 grand for a job that you didn't do.
 
No matter who's in the right or wrong, Toyo's rep has been tarnished. I personally wouldn't trust him with $10 let alone $4k after this. Now that's not to say he's a scammer but I just wouldn't want to risk anything.
 
Are you saying that you didn't tell him a certain amount of emails would be mailed/inboxed for the payment he sent you? Did you or did you not meet the quota of mailing/inboxing that be paid you for? Simple question, needs only a simple answer.

Someone here gave the analogy that when you hired someone to cut the tree, and the axe broke, its not the tree owner's fault.

We discussed lengthily about the mailing process, and we clearly agreed on malling company profiles. The creative that he gave me was clearly "pump and dump".

In other words, we agreed upon on the type of tree that would be cut, and I clearly told him the type of tree that I would wish to cut and the tree that I would not be willing to cut.

He then delivered a completely different tree, and the axe broke while in the process of cutting the tree.

Should he be charged for the axe?

What about the opportunity cost of the broken axe? Business lost, emotional stress, etc.

If he wants me to complete the mailing with the broken axe, I have no qualms about it. We didn't agree on inboxing, just the mailing rate. We agreed on mailing with one specific axe, and it is already broken.

Mailers would know that there is no point of mailing emails with blacklisted IPs, as it will just land in the spam box or not get delivered at all. The open rate for emails in the spam box is too low for any realistic conversions.
 
In other words, we agreed upon on the type of tree that would be cut, and I clearly told him the type of tree that I would wish to cut and the tree that I would not be willing to cut.

He then delivered a completely different tree, and the axe broke while in the process of cutting the tree.

Lmao,so in this story the hero didn't recognize the tree given to him and tried to cut it anyway :eek:
 
Someone here gave the analogy that when you hired someone to cut the tree, and the axe broke, its not the tree owner's fault.

We discussed lengthily about the mailing process, and we clearly agreed on malling company profiles. The creative that he gave me was clearly "pump and dump".

In other words, we agreed upon on the type of tree that would be cut, and I clearly told him the type of tree that I would wish to cut and the tree that I would not be willing to cut.

He then delivered a completely different tree, and the axe broke while in the process of cutting the tree.

Should he be charged for the axe?

We didn't agree on inboxing, just the mailing rate.

When you agree to do a job, and you show up to start the job, and its not at all what was agreed upon. You refuse to start until new terms are arranged. If you choose to take on the job, it is assumed the original terms still applied. If you fail to complete the job, you have to refund the money. If you didn't agree on inboxing, you should have simply continued the job until the full amount was reached as originally agreed.

The real problem here is that it sounds like there was a time limit where the OP needed these emails sent. If there was no set time frame for the job to be completed, I wouldn't have a problem with you completing it now, but now the emailing is useless to the OP. There is no "proof" of the work you did, the only proof we have is that you admit you didn't complete it. Because of the time limit imposed, and the fact that you didn't communicate the issue with the OP and ask him if he wants you to complete it with most emails being blocked/spam boxed, that is grounds for a refund.

You agree you didn't send out the correct amount of emails.
There was a time limit which means the service is useless now to OP.
You had the choice to never start the process but decided to anyways.

If there was no time limit imposed, I would just say "complete the mailing, OP gets his emails sent, no harm done." But because of the specific time limit, it had to be completed within that 24 hours, that was very clear. You yourself admit that the job was to be fully completed within 1 day.
 
Someone here gave the analogy that when you hired someone to cut the tree, and the axe broke, its not the tree owner's fault.

We discussed lengthily about the mailing process, and we clearly agreed on malling company profiles. The creative that he gave me was clearly "pump and dump".

In other words, we agreed upon on the type of tree that would be cut, and I clearly told him the type of tree that I would wish to cut and the tree that I would not be willing to cut.

He then delivered a completely different tree, and the axe broke while in the process of cutting the tree.

Should he be charged for the axe?

If he wants me to complete the mailing with the broken axe, I have no qualms about it. We didn't agree on inboxing, just the mailing rate.

Mailers would know that there is no point of mailing emails with blacklisted IPs, as it will just land in the spam box or not get delivered at all. The open rate for emails in the spam box is too low for any realistic conversions.

Problem is Toyo you knew it was a different tree but still proceeded anyway. Best way to resolve this IMO is try and work out an amicable solution between you and the OP. You need to refund, the OP needs to pay you, come on guys work something out!
 
another problem is from a seller prospective all the % quoted
are validated with no proof, no offence you told me on skype
the tools you use to mail provide no record of an actual amount
sent - i would assume doing a job this size for that amount of
money to avoid problems you need to able to prove what you
have done for the money paid not just state statistics with no
proof of. also you did carry on knowing there could be problems.

almost all shit lists on bhw were a user pays for a specific job based
on amount - if the amount isnt done thats not the buyers fault.
usually in most cases the seller refunds the difference on the part of
the job not done OR completes the missing amount.

if you had paid 4k$ toyo would you want anything less ?
 
almost all shit lists on bhw were a user pays for a specific job based
on amount - if the amount isnt done thats not the buyers fault.
usually in most cases the seller refunds the difference on the part of
the job not done OR completes the missing amount.

Exactly. There are some types of jobs where delivering 90% means you could just refund 10% and the buyer would be happy. But this buyer seems like anything less than 100% was just as good as 0%. There are other types of jobs where the buyer says "Don't rush, take your time, I would rather Good Quality and wait longer. But this buyer was VERY clear he wanted a rush job done within 24 hours and anything longer was as good as never. To me the buyer laid out what he was expecting very clearly. He gave an exact number of emails he wanted, and he gave an exact time period with which to have them sent. There was no confusion on the terms here.
 
So why attempt to cut down the tree then? That's what I don't get...

You should've said "Screw your tree, I can't risk my axe getting broke!"

Seems to me he was aiming to please and fucked up big style.

So you two guys needs to agree on an amicable settlement now.
 
lol. he said that because I didn't give him the amazon free kindle books method on IRC.

That was fast.

Anyways, there wasn't any clear terms and conditions on our deal. We are not dealing with a cell phone company where there is a clause in an agreement of that company that a change in items delivered would mean that the terms of the deal would change. The terms never changed.

It has nothing to do with amazon free kindle book. All of his words are logic and don't seem to contain a personal matter between both of you on it. Way out of line and you said there wasn't any clear terms and condition, but you can say that he broke your main clause of agreement?
 
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