Refund or no refund?
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- pixelbug
I recently took on a project that unfortunately has gone bad. The client approved a direction but then failed to deliver assets necessary to develop such direction. unable to further accommodate this client's needs, I have decided to terminate the project. Now the client wants all of his deposit back, not taking into consideration the hours of work already put into the assignment... what would you do?
- ********0
If it is the clients fault the project cannot continue, then the deposit is yours.
- OSFA0
simple, make them understand that you sitting at home on the computer working on their crap, or coming up with ideas for them is not a hobby but your job. So, since you worked, that deposit is yours. Bill it as hours worked.
PS. Next time, make sure to include a little 'non-refundable deposit' just in case...
- jox0
I don't think your client understands the concept of a deposit.
- letters20
pixelbug, I assume you dont have a contract that states this?
if not, its a learning experience, always use a contract that includes amongst its clauses a section on Cancellation Fees.
Yes, the "deposit" is exactly that, a deposit toward the total fee from them, and completion of project for you. Thus, the deposit is yours if the project is not continuing on their decision/fault.
- OSFA0
keep the deposit and buy us something nice...
- pixelbug0
Thanks everybody. Yes there was a contract. And yes there is a clause that mentions that failure to provide any and all assets necessary will require a new time line and budget to be re-figured out. However there was no clause on cancellations. I've had some hard to mange clients in the past but this is my first situation like this one in 11 years. Part of the problem is that I was not dealing with the "boss" himself. The company's secretary/designer was my contact there and little by little I am finding out that certain things were never communicated to her boss. Of course when I call him to tell him that the project is off for x, y and z, he's like " WHY?" He's unfamiliar with the process of working with a creative consultant and to top it off he was not always in the loop. Anyways, the fact is I know that I put time into this and I should be paid. I will refund the difference immediately (hours not worked) but need to be ready in case he gets some legal action against me, which he has threatened to do. :-/
- letters20
Unless the time spent is 2 hours and the deposit 50k, keep it all. Its a deposit. Its as much about time spent as it is about good faith.
and check the Graphic Artists' Guild book on Pricing and Ethical Guidelines for writing a sound cancellation fee clause.
good luck.
- harlequino0
How much money are we talking about roughly?
Did the deposit have one zero, two zeros, three? at the end?Let him roar about the money and legal action. He most likely won't do anything.
If it gets ugly, and the deposit is not that much, return it before they take legal.
However, it was your time, adn you are owed money. Not a big deal.
Just make sure you send a formal letter outlining the terms of the project, your time spent, and the costs.
- -sputnik-0
the deposit is yours
- blaw0
as reputation is extremely important in this business it would probably be worth sitting down with the client, explaining how hours worked=money earned, and if there is a partial refund due, so be it.
- horton0
its called a kill-fee and its rightfully yours.
- Redmond0
I've never worked freelance but I was always under the impression that the advanced fee was non refundable.
"but need to be ready in case he gets some legal action against me, which he has threatened to do"
Sounds like an asshole. I wouldn't refund him. You don't work for free do you? If you worked and delivered it's his problem that he didn't shop around for the right designer.