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View Full Version : I really need your help :-(


diederik
05-03-2002, 04:43 PM
Hey fellow WHT'ers I really need your help/advise with the following :

About 1 1/2 month ago, I ordered a web design company to design my website. They designed a site, which most of you have seen, which I really liked, so they'd seem like a trustfull company.
We agreed that the first drafts would be shown five/six days later.

One week later, no work from them. I've sent them a couple of e-mails, and a week later ( so two weeks total ), they sent me a preview of a very basic, almost awfull design. I wasn't happy with it, and was kinda pissed of, because it took them 2 weeks to show me the first draft, which was totally not the style we've spoken about, and the fact that they didn't reply to my by e-mail and ICQ.

8-10 days ( and ofcourse no replies to my e-mail's ) later, they showed me a design, which was better, although not what I expected - But i was getting sick of them , so I agreed to build it further. It was just a half front page, but they told me the site would be ready in a week.

About week later, finally a reply to my e-mail(s), telling me they would upload the site within 24 hours. 48 Hours later ( 24 hours too late - but that was more than I could expect from them ) I got an e-mail from them that they've uploaded some more. It was better, but still needed a lot of work.

After that, it was getting much better, they'd showed me more stuff 3-4 times. But after that ( that was 11 days ago ). They stopped showing me updates. I got a message on ICQ 3 days ago that they would upload the final site the same evening, but as usal no reply from them.

When we first talked, we agreed to have the site done in about 10-12 days, which was good for me. I paid them an amount using paypal (50% downpayment) the same day.
It's now 40-45 days ago when I ordered their servicve, and still no site.

I don't know what to do. They don't reply to e-mails / ICQ messages, and Paypal doesn't answer my support questions if there's a possibility that they refund the money. I really need a site now, as I'm losing money with not having a site right now.

Please give me some advise/help of what to do. I already found someone that could design my site and who I trust :)

Thanks in advance!

P.S. Wow... my longest post ever ! :D

diederik
05-03-2002, 04:51 PM
FYI, I haven't posted the name of the web design company, since I gave them 24 hours to reply to my e-mail. If they won't reply to my e-mail, I will post their name :bawling:

beley
05-03-2002, 04:54 PM
I would be more than happy to help you design a new site since you need something up quick. PM me for more information.

diederik
05-03-2002, 04:57 PM
Originally posted by beley
I would be more than happy to help you design a new site since you need something up quick. PM me for more information.

PLEASE READ THE WHOLE POST BEFORE YOU REPLY.
I don't need a new designer, so don't post your services here, especially since this isn't the Job Request/Offers forum

beley
05-03-2002, 05:00 PM
Did I mention that I was going to charge you? no. Did I post any services here? Urls? Email links? Portfolio pieces? NO.

I was trying to be nice and help someone. Excuse the h*ll out of me.

And so I missed the one line where you said you already had someone to design your site.

diederik
05-03-2002, 05:04 PM
Originally posted by beley
Did I mention that I was going to charge you? no. Did I post any services here? Urls? Email links? Portfolio pieces? NO.

I was trying to be nice and help someone. Excuse the h*ll out of me.



Okay sorry about that, your post looked really like you were offering your services. I didn't mean to attack you or something :)
But I don't need help looking for design or something, I just want to know what do to with the original design company :(

beley
05-03-2002, 05:05 PM
Did you have any sort of contract or written agreement with them?

diederik
05-03-2002, 05:05 PM
Originally posted by beley
And so I missed the one line where you said you already had someone to design your site.

Ok :)
:blush:

diederik
05-03-2002, 05:06 PM
Originally posted by beley
Did you have any sort of contract or written agreement with them?

No... just discussions on ICQ / e-mail :(

beley
05-03-2002, 05:07 PM
Did you save them?

diederik
05-03-2002, 05:10 PM
Originally posted by beley
Did you save them?

Yes I did.

beley
05-03-2002, 05:15 PM
That may be enough to convince them that you have a legal leg to stand on (which you do). If you have the conversations saved talking about payment, timelines, layout, etc. and they have not honored their end of the agreement (verbal, written or via email/icq) then they have in essence voided the "contract."

I would write an email and letter and send the letter certified to their company stating that you demand a full refund because they have neglected to fulfill their part of the verbal agreement (which is enforceable in a US court of law).

With a certified letter you'll get a confirmation that they received it, which is even more evidence on your part.

That alone will probably scare them into giving you a refund... however, if they are still being difficult you coudl always contact the BBB, Attorney General's office, Chamber of Commerce and other business organizations in their area and complain as well as file a small claims law suit against them.

diederik
05-03-2002, 05:18 PM
The problem is, is that they aren't an US based company, and I'm not from the US aswell. So that's gonna be a problem aswell :(

beley
05-03-2002, 05:23 PM
I always forget when I'm on forums that people (even though they speak perfect english) can be anywhere in the world :uhh:

The only thing I can think of would be to file a formal complaint with PayPal... although I hear horror stories about them all the time. I don't know how well they would handle it. :confused:

diederik
05-03-2002, 05:28 PM
Originally posted by beley
I always forget when I'm on forums that people (even though they speak perfect english) can be anywhere in the world :uhh:

The only thing I can think of would be to file a formal complaint with PayPal... although I hear horror stories about them all the time. I don't know how well they would handle it. :confused:

I've mailed them, but they didn't reply to me. Argh ... I hate it when my e-mails get ignored :angry:

Maniac
05-03-2002, 08:07 PM
Originally posted by diederik


I've mailed them, but they didn't reply to me. Argh ... I hate it when my e-mails get ignored :angry:

Don't we all? best of luck..

4solutions
05-03-2002, 10:23 PM
Next time, be sure to include the phrase "time is of the essence in this agreement." That helps in legal matters when someone wants to drag things on and on...

But, in the present matter, all I can say is that PayPal does drag it's feet slowly. I only have had to submit one fraud report for unreceived merchandise to PayPal, and that was pretty cut and dried. It took PayPal over three weeks to convince the guy to ship the merchandise, but he finally did under threat of having his PayPal account frozen.

Web design is another matter... your designer might argue to PayPal that they substantially fulfilled their part of the agreement by submitting not one, but two designs. The designer might even counter-complain to PayPal that you owe them the other 50% payment. Since the design and "completeness" of a web site are somewhat a matter of taste, PayPal might not want to get involved.

If you are in a hurry, you might have to eat this payment as an expensive lesson and then warn the rest of us who the designer is.


Sorry I couldn't be more help,

Keith

pattox
05-03-2002, 10:29 PM
Been 24 hrs? Post up their link?.I have had many problems where agreements have been abolished,Send them some sort of email saying you will take legal action,even if you dont take legal action they will get scared off.Worked for me on liquidweb :stickout
Anyway's good luck with your site!

diederik
05-04-2002, 03:09 AM
Originally posted by pattox
Been 24 hrs? Post up their link?.I have had many problems where agreements have been abolished,Send them some sort of email saying you will take legal action,even if you dont take legal action they will get scared off.Worked for me on liquidweb :stickout
Anyway's good luck with your site!

No 24 hours yet :)
They still have 10 hours to reply to me.

diederik
05-04-2002, 03:09 AM
Thanks for all the comments so far to all who've posted!

Sem
05-04-2002, 03:18 AM
If you have access to a lawyer, have them send a letter/email requesting action. Nothing gets people to respond like being contacted by 'The legal offices of so and so'.

Sem

bobcares
05-04-2002, 03:29 AM
Hi!
The rule is always keep a contract with you. We have burnt our fingers earlier and now are very strict when it comes to contracts....
Both a provider and a seller it is always good to have contracts...
It really helps if ever a need comes ...

Have a great day :)

regards
amar

diederik
05-04-2002, 03:59 AM
Thanks again for the replies... I appreciate it

diederik
05-04-2002, 05:47 AM
FYI, They contacted me and showed me some more work... I'll let you know how this all ends.