Deposit Refund BS
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- i_monk0
Have your lawyer tell them you're dead and you were buried with all their money in an undisclosed location.
- Iggyboo0
You did some work, they paid you for a deposit for the 50% of the work cost. You have something to show for it. If you're a good guy you're still good on the credit if they want the money back, I'd suggest not doing the legal thing and giving them back some of it. but if they insist taking you to court keep it all because you'll need it for your own legal fees.. Its nonsense over this amount.
- iCanHasQBN0
Hahahaha! It's YOUR fault that their business tanked....... 5 years later? What a joke. Imagine if all design business was like that and clients wanted their money back if their product failed. There would be no design business.
- Yes! If only I had written their business plan, loaned them money and never taken a deposit. I'm a real bastard!ItTango
- It was your Flash intro that ruined them! lol..... redonkulous.iCanHasQBN
- You know, now that you mention it... I don't think I cared for it very much. Hmmm.ItTango
- dMullins0
I wouldn't leave it be and see what they do as a couple of people have said:
Sounds like you created a landing page, did some Flash work (charge for code bases and actual development time), and some minor administration of the site. Those costs can be deducted from the $1800 deposit, which was charged as a portion of the full work that was never completed.
Counter-offer with a final sum of the remaining balance against the deposit, which will be marginal I imagine. Remind them that you did do work against the deposit, but also remind them as professionally as possible that this is a really pathetic swipe at small stakes.
- monospaced0
FUCKING LOL.
- iCanHasQBN0
they must be desperately in need of cash for basically threatening to sue you. people like that are pure scum.
- BonSeff0
Let Bangs take her 2 da movies
- noneck0
Pffft. Suing you over $1800? Never happen unless you live in the US...
Have you considered being a Nice Guy™ and offering to honor the deposit?
BTW, in the future try referring to it as an up-front payment instead of a deposit. Deposit implies that you're just going to hold on to the money, and there's a chance they could get it back.
- harlequino0
They've probably all become junkies and desperately need to score. Going through the Roladex with its opiate-stained contact cards.
- Ha! Crusty lips and gnarly fingers fervently flipping through an ancient relic. Nice visual.ItTango
- sporktine0
I was going to say, isn't the point of a deposit that they DO get it back? Advance payment sounds a lot more like you keep it.
- I actually refer to it as a percentage of the project cost, or a retainer.ItTango
- well which one is it?randommail
- because if you say retainer, that is incorrect as well.randommail
- Then yeah, if the language doesn't say anything about terms of repayment, they are high.sporktine
- Retainer for on going, ever changing gigs. % of cost for jobs with a clear start and finish. Theirs was %.ItTango
- its a deposit if you do no work. did you do work?Iggyboo
- ItTango0
So, it appears that you all (including the hookers outside my building) agree that this refund shit is whack. Thank you, and goodnight!
- wait.. did you do work or not? if you did nothing, and by nothing i mean no concepts, no sketching, no creative rough drafts to show for it... deposit means deposit you should give it back but thats my opinion.Iggyboo
- well than yea you should refund them you should have done it 5 years ago. If you did work at all keep it though.Iggyboo
- vaxorcist0
Ask if they got bought, sometimes new owners go through the books looking to maximize all financial issues and start this sort of thing.... but if they did get bought, there is a chance your original agreement is actually not transferred to the new owners... fine print eh!??
- mydo0
give them the phone number for a lawyer.
- i_monk0
Counter-sue them for failing to provide you with more work.
- meffid0
There's some literature about this around somewhere, generally it's only valid for a year I would have thought.
Ask to see what paperwork they have/emails.
If I threw a party and put a deposit / up front payment for 10 kegs, they delivered 10 paper cups because I didn't tell them where to deliver it, I would think I was still in credit with their firm and want to shift the credit to something else, I would expect this to be valid for about 5 days because I changed my mind or failed to provide details. 5 years is a fucking joke.
In my contractual terms of service agreement I clearly state the deposit is forfeited if they don't hold up their end; completing content requirements etc, and at any stage if the contract is void by either parties the deposit is mine regardless, and this is for me 40% for clients I've never worked with. It gets signed everytime before I start work.
- lambsy0
why was this payment of $1800 specified as a 'deposit'
did both of you have an understanding that the money would go towards a full website design?
did you charge them for the flash holding page or was that a freebie?
- airey0
fuck 'em. if they honestly think they have a chance in court let them try. it wouldn't go anywhere.