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F*ing Clients 4242 Responses
Last post: 2 years, 6 months ago | Thread started: Jan 4, 10, 7:21 p.m.
- NONEIS
So guys,
I have this client, a friend who owns a photo studio, who I designed and developed a site for, and I am about a weeks dev effort away from launching.
Today, they contacted my employer, to see if the shop I am working at would wrap up the job, and demanded the FLA from me within an hour long period. Not smooth, and I really have to wonder why they thought that info would not immediately go to me if for no other reason than to protect their asses.
The contract lays out that they only get the SWF and the HTML even IF they pay me in full, zero source code, so I am fine there.
I did it for $2000, only a $1000 of which has been paid, and it's a $15,000 site easy. The real pin prick is that they would be paying 5x what I charged them for the whole thing, for 3-4 days here.
I know I am not supposed to work with friends, but shit, this is ridiculous. How do I explain to them that they really DO need to work with me considering I own the rights to everything until they pay me. I already expressed that part explicitly, and I got a wall of silence...
So any thoughts, threaten a delete delete delete?
- Jan 4, 10, 7:21 p.m. – Permalink
- Pupsipu
tell them you'll have a collection agency handle things unless they pay you within an hour long period. Also if they refuse to pay you within an hour long period you will raise the prices.
Also never give them the FLA or source, unless they pay you $15,000. Also raise the price anyway, because you just wasted time making this thread because they caused you emotional trauma.
- Dog-earJan 4, 10, 7:28 p.m. – Permalink
- MrOneHundred
Put it down to a learning experience and move on.
- Dog-earJan 4, 10, 7:29 p.m. – Permalink
- ReverendGeneral
what was that christian school site posted on here a while ago?
- Dog-earJan 4, 10, 7:31 p.m. – Permalink
- tparsons
ooops did that expire?
http://www.actionscript.org/foru…You get the idea.
- Dog-earJan 4, 10, 7:38 p.m. – Permalink
- fyoucher1
Thats why I dont work for friends or family for money if I even do work for them at all. Personally, if I were you, I'd remain calm and relaxed but just make sure you follow what the contract states. Take whatever means necessary to collect full payment, as long as its within the terms of the contract.
- Dog-earJan 4, 10, 7:39 p.m. – Permalink
- noneck
These things always suck. At least you have the necessary tools in place (your contract).
First, always correspond with your clients in a very professional manner. Especially when they're being jackasses. Avoid the phone, stick to email with a "paper trail." Always assume that your correspondence will leak to someone else, like a prospective client.
Maybe ask what happened. Tell them you're confused, you felt that things were going well, and you're not sure what's occured to cause this. Is there any way to resolve the situation? Be friendly.
Secondly, offer to sell them the FLA. Put a high price on it. Tell them you wouldn't normally consider this, but you'll do it in light of the great relationship you've enjoyed thus far (which may be a complete lie).
Next, they'll get pissed because you won't just give it to them or charge a nominal fee. Point out that this isn't something you do, and the FLA contains proprietary work. It's worth alot. Also, ask them how much they charge to give out the RAWs from their shoots. Most photographers don't give them out at all, ever.
Most likely they'll just tell you to go fuck yourself. But hey, you tried everything, and were a professional the whole time. And no, they can't have the deposit back.
Show the site in your portfolio anyways.
- Dog-earJan 4, 10, 7:57 p.m. – Permalink
- neue75_bold
I'd fuck his wife/girlfriend...
- Dog-earJan 4, 10, 8:51 p.m. – Permalink
- imnotaplumber
They must have a reason to go to your boss and be willing to pay more? Clients are stupid but they never give away money unless there is a reason.
- Dog-earJan 4, 10, 9:15 p.m. – Permalink
- jerseyred
I assume that you detailed it was a non-refundable deposit. I also detail in my contracts the transfer of copyright from designer to clients upon successful completion and full payment of project. I feel like this copyright issue is a point that many designers neglect to detail in their contracts.
Without a complete project you hold the copyright to that work, how could they legally and morally consider you stupid enough to not only hand over raw files but also transfer copyright for a project that they've not even paid for in full. I also state in my contracts the retention of authorship credit, something to think about in the future.
I also, and have never been called out on it, that if for any reason the project goes south that I still expect to be paid in full due to the precious nature of the creative intellectual property that is being produced.
Bring up the copyright point and remind them that not only did you have a contract regarding the shared understanding of the work but if that contract did not also detail a copyright transfer then legally no copyright has changed hands until a signed, written transfer has been drafted. Also you need to detail the varying degrees of copyright: exclusive, non-exclusive, and case by case.
- Dog-earJan 4, 10, 9:44 p.m. – Permalink
- jerseyred
Here's the actual language I use with regards to copyright:
1. Transer of Rights - Upon receipt of full payment, Designer transfers to the client the following rights in the designs for use as (insert blank line for custom description) With respect to the usage detailed the client shall have (I have two check boxes for exclusive and another for non-exclusive rights)
2. Reservation of Rights - All rights not expressly granted hereunder are reserved to the Designer, including but not limited to all rights in sketches, comps, or any other preliminary materials created by the designer.
See this book for great PDF and AI forms of contracts - http://books.google.com/books?id…
$23.95 - a must have for all designer if you cannot grab the copy from the above link - http://www.allworth.com/Business…
- Dog-earJan 4, 10, 9:56 p.m. – Permalink
- NONEIS
Heres the language in place:
All materials used in the production of this assignment — including original and computer generated artwork, formats, and code — remains the property of the individual that created it. Unless otherwise agreed upon, all original photographic film (transparencies and negatives) will remain the property of the photographer, original artwork remains the property of the illustrator, and all printing materials remain the property of the printer selected. Ideas which are not accepted remain the property of NONEIS and may be used in the course of other assignments. The final deliverables of this project shall become the property of CLIENT.
- Dog-earJan 4, 10, 10:08 p.m. – Permalink
