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  1. #1

    Again...Sorry..But THIS TIME RAX

    Ok, please do not ban me for posting this, but this is a forum where you find out whats good and whats not. Well what's not is RAX. RAX, I sold a hosting layout just about a month ago. I gave him full rights, and I had designed the layout myself. I sold it to him very cheap, because I was having I guess a clearance. The layout can be seen here, www.battlelive.org/portfolio/premiums/layouts/ then the hosting layout. I sold it to him for only $30.00. I recently reformatted my computer and lost all of my graphics and only have the current site I am working on. Now RAX has come and filed a claim against me in paypal saying that I was not the original designer and that I did not have resell rights. So now I have no way to stop him from taking my money. This is an email.


    Dear Trevor Jay Pearson,

    Recently, PayPal received a claim from a user regarding merchandise not
    received or received significantly not-as-described. The details of this
    transaction are as follows:


    ------------------------------
    Complaint Details
    ------------------------------

    Transaction Date: Apr. 5, 2004
    Transaction Amount: -$30.00 USD
    Case Number: PP-036-951-479
    Buyer's Name: Steve Kamm
    Buyer's Email: [email protected]
    Buyer Note: I purchased a web site layout from the seller and was led to
    believe this was an original, exclusive design. I have since been
    contacted by the original author of the layout who says the seller I bought
    this from did not have full rights to it and thus had no right to sell me
    an exclusive design. In the end I have purchased a stolen design.

    I would really like to know who the original author was then.

    I have no way to stop this, but maybe by posting this I can stop you from getting caught up in his bad actions. I am very mad though, because the 30 dollars was piece of the payment toward coding of my site. I would like RAX to step forward and claim this. I have PMED him, while he was online, but no response.

    Please do not ban me for posting this, I know it may seem like me, because the first one about TF and now this, but this is to keep anyone from his actions. Thank you.


    [edit] And I was nice to him, throwing in a logo I had made for the hosting layout for free. And now he comes and does this...

  2. #2
    We use contracts, next time issue a readme or disclaimer, terms of use etc.
    ServeYourSite
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  3. #3
    Join Date
    Oct 2002
    Location
    New York's Capital District
    Posts
    2,197
    Always, ALWAYS get a signed contract when dealing with design. ALWAYS!
    Know It All Solutions Incorporated
    Web Design, Web Development and Web Hosting

  4. #4
    Join Date
    Jun 2001
    Location
    Kalamazoo
    Posts
    33,190
    Just respond to PayPal and tell them you are, in fact, the original designer.
    There is no best host. There is only the host that's best for you.

  5. #5
    What email address would I use, I'll look around, but if you know one it would be nice.

  6. #6
    Join Date
    Jan 2004
    Posts
    7,033
    problem with Paypal is well if someone files a complaint (to get money back) usally they do get their money back. Just like everyone else said use a contract. If they do not want to then say "Sorry I can not do this transaction with you." If they keep trying you know their is something fishy.
    I am back....


  7. #7
    Technically its not a physical item, so they usually do not take money back. I always send a cd with tracking number that has the template on it so that they have no way of taking the money back.

  8. #8
    Join Date
    Jun 2001
    Location
    Kalamazoo
    Posts
    33,190
    Right. The product was virtual. So, according to their terms, they should not refund. However, they have a habit of not abiding by their own terms. But, if you dispute it, you should win.
    There is no best host. There is only the host that's best for you.

  9. #9
    Fluous why are you so angry at him? think about it from his point of view. he buys a template for 30$ (very cheap IMHO) and is later contacted by somebody saying that they are the original author of that template. (I'm sure they offered some sort of proof) so he thinks "great I got ripped of on WHT for 30$" and wants to get a refund.

    can you blame him?

    suggestion for future: always backup everything before a format.
    now you dont have the sources, so no way to proof that you made it.

    perhaps the other designer made a simillar looking website and thought that you copy'd from him? (explains how he has sources...)
    IWDN - Really smart web developers... and me!
    More than any time in history mankind faces a crossroads.
    One path leads to despair and utter hopelessness, the other to total extinction.
    Let us pray that we have the wisdom to choose correctly.

  10. #10
    Join Date
    Nov 2001
    Location
    The South
    Posts
    5,403
    If I did web site design, I'd send the completed design to the end user via CD in the mail with a verified shipping method and just include that into the cost of doing business, I think I've seen USPS shipping with confirmation for a CD for like $5 and that signed reciept of shipping is proof they recieved a tangible item and would help a LOT in disputes like this.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  11. #11
    Dixiesys its a 30$ template.
    IWDN - Really smart web developers... and me!
    More than any time in history mankind faces a crossroads.
    One path leads to despair and utter hopelessness, the other to total extinction.
    Let us pray that we have the wisdom to choose correctly.

  12. #12
    Join Date
    Nov 2001
    Location
    The South
    Posts
    5,403
    Originally posted by websterworld
    Dixiesys its a 30$ template.
    So charge $35 and send him a certified letter with a printout of the template on it, last time I sent a certified letter it was $3 and some change ($3.67 I believe) and that signature card you get back you just fax that right over to Paypal because their first question is gonna be "did you deliver goods to the buyer and do you have proof" in this case you would say "yes absolutely here it is" and they'd likely rule in favor for you.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  13. #13
    Ok, I just called paypal and they said its intangible so hes most likely going to win. I tried PMing him on this site when he was online, so I know he's up to no good. He won't respond. How do you get a tracking number or something like that. I'm really mad. $30.00 down the drain and I can't resell it because I don't have it. What a rip. Why don't you ban Rax because if you leave him on this site he's just going to rip more people. IMO, but if not it's not up to me..

    And the signature card, would you send that with the layout, or before, and when you got the signature back then send the layout. And what about if he faked his signature? I'm just pretty pissed as you can see right now

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