About a year ago (i was 17) i singed a contract with a business to build a website for them. The contract just had what the amount was for( labor and to purchase a shopping cart program). I just called them today and told them that I was not going to be able to complete the website (i am 18 now). They want to keep the photos I took for the site(4 hours of work) and they had some computer problems that I fixed for them (they said to just add it to the website fee). Can i just refund the total amount that they paid minus the shopping cart software and the labor for the photos and the computer repair?
Here is the contract:
Design website with the following pages:
About The Store
Design store front with approximately 40 products and 10 gift baskets. Setup online shopping cart on server with SSL Certificate for security.
Setup merchant account to allow credit card processing.
SalesCart Online Shopping Cart Software.
All shopping cart work will be billed at $40.00/hr.
Extra pages will be billed at $100.00/page.
Est. 20 Hours
Half of the website design and the shopping cart software are to be paid before the start of the website. The remainder of the website fee is to be paid after the completion of the website.
Initial Payment: $1049.00 – Due 5/24/2005 Please mail back the signed contract with the initial payment to start the design of the website.
Can i just refund the total amount that they paid minus the shopping cart software and the labor for the photos and the computer repair?
Your contract has nothing about taking photos or fixing a computer so the contract really has nothing to do with this.
Consult a laywer about it, don't ask for legal advice on a public forum.
One other thing. If you are still doing any design work, get a proper contract written up, because that contract doesn't cover either you or the company should something go wrong during the process. What would have happened if the company refused to void the contract in this case? You would be legally required to complete the site, whether you have the time or not.
It seems like you certainly made a mistake in doing this offer without preparing for it at all. I think that at this point it is really up to the company to decide whether or not you are required to make them the website...
Have you asked the company what they wanted? You might want to try and decide something with them.
Like most contracts it does not cover all eventualities & like many agreements it covers only a few. It is just and indication of work to be done and the price for the work. The situation is a common one & amenable to being settled in a common sense way; this would be recommended by the Courts in anyone ever have any thought of taking a legal avenue. He cannot be made to do the work & the most a Court would consider would be whether any damages should be paid; since there was no completion date it is unlikely that they would consider it.
The OP is making a reasonable request to obtain opinions on what is a reasonable way forward from the current position. He needs to have that discussion with the company, but it is reasonable for him to be paid for the work that they wish to retain and the extra work he did under for them and not to be paid for whatever work he did towards the website, from which they will obtain no benefit because it was not completed. This seems to be the basis of his post and seems to be a reasonable proposal for him to make to the company.