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Thread: Client Refund

  1. #1

    Client Refund

    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?

    Nick



    Here is the contract:


    Design website with the following pages:
    • Home Page
    • Location
    • About The Store
    • Hours
    • In-Store Specials

    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.

    $500.00

    Est. 20 Hours
    $800.00
    $399.00




    TOTAL $1699.00

    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.

    Completion Payment: $650.00

  2. #2
    Join Date
    Feb 2004
    Location
    Scotland
    Posts
    2,830
    Quote Originally Posted by nroskam
    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.

  3. #3
    Join Date
    Nov 2005
    Location
    Maryland
    Posts
    560
    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.
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  4. #4
    Join Date
    Sep 2005
    Posts
    756
    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.

  5. #5
    Join Date
    Feb 2002
    Location
    Asheville, NC
    Posts
    292
    Why dont you just finish the project for them????
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  6. #6
    Join Date
    May 2001
    Location
    United States of Walmart
    Posts
    687
    I'm with Walt. You said you'd do something; DO IT.

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