Client didnt pay for work on website. What should I do.
- Thread starter TBoneAZ
- Start date
Registered on Godaddy? I'm sure a even a "legal" herb operation violates one of Godaddy's terms of service. This stuff has been outlawed in some states. Report the site to Godaddy's Spam & Abuse team. They may take their time shutting down and yanking the domain - but they'll do it, as their terms of service bans products that are: illegal, or promotes or encourages illegal activity
It will cost the owners money to get it back and they'll have to transfer the domain to another hosting service within 24 hours. Without your help - I don't think that will happen smoothly.
By the same token, if your site is registered on GD, get it to a safer registrar.
It will cost the owners money to get it back and they'll have to transfer the domain to another hosting service within 24 hours. Without your help - I don't think that will happen smoothly.
By the same token, if your site is registered on GD, get it to a safer registrar.
yeah do that, make sure you leave a file manager backdoor entry into the site if they do wise yp and change passwords
Ok so it has been a couple of weeks and I have everything Dialed in but my merchant that is suppose to be setup by next week!
I am very happy I took your guys advice and just took what I knew and create a site for myself.
Now I have 7 flavors and sell 1g, 3g, and 7g +4g(free) = 11g.
I posted the products on amazon 4 days ago and have already sold 500 dollars worth of product!! woo hoo.
At the end of the day trying to get back at them just added alot of negative energy, I turned it into positive when I started to make this work for me. I now feel pretty good about the whole situation and definitely look at it as a learning experience.
I am very happy I took your guys advice and just took what I knew and create a site for myself.
Now I have 7 flavors and sell 1g, 3g, and 7g +4g(free) = 11g.
I posted the products on amazon 4 days ago and have already sold 500 dollars worth of product!! woo hoo.
At the end of the day trying to get back at them just added alot of negative energy, I turned it into positive when I started to make this work for me. I now feel pretty good about the whole situation and definitely look at it as a learning experience.
Screenshot there home page and replace it with the image file + do all the redirect shit / earn $ stuff.
+ AKlaw
+ AKlaw
1)Duplicate the flash banner on their site
2)Join their affiliate program under an LLC
3)Insert csing code in flash banner
4)replace your "custom" banner with theirs
5)re-coop your loses using their traffic against them, nice and quiet like
2)Join their affiliate program under an LLC
3)Insert csing code in flash banner
4)replace your "custom" banner with theirs
5)re-coop your loses using their traffic against them, nice and quiet like
Ok so it has been about a month since I posted last so I have to give you an update.
The site is going great and I was able to sell on amazon for a little over a month before they stopped me
But I am in the works for getting my merchant account set up as we speak. I know I can get one for sure, worst case I have to take a partner on!! Grrr
Anyway so today I go to my mailbox and what do I find, A certified letter from the original guys that burned me.
It was a C and D letter printed out from LawDepot.com. Stating;
"We demand you shut down your website for violations of exact content matter. Also My web name and site reflects a mirror image of our web name ans site. Your product name and logos are very similar to our and your site is confusing our customers and diminishing our credibility with them".
Very funny how all of the written content and pictures on their site are my design that we never had a contract for doing. The logo is the only thing I did not create. But I made a new logo, only with similarities.
But my site in fact is only similar in structure and color. I rewrote all the content, changed all prices, packaging and flavors.
I am thinking about writing a reply letter myself but would love some feedback as to valid points to make in my defense.
The site is going great and I was able to sell on amazon for a little over a month before they stopped me
But I am in the works for getting my merchant account set up as we speak. I know I can get one for sure, worst case I have to take a partner on!! GrrrAnyway so today I go to my mailbox and what do I find, A certified letter from the original guys that burned me.
It was a C and D letter printed out from LawDepot.com. Stating;
"We demand you shut down your website for violations of exact content matter. Also My web name and site reflects a mirror image of our web name ans site. Your product name and logos are very similar to our and your site is confusing our customers and diminishing our credibility with them".
Very funny how all of the written content and pictures on their site are my design that we never had a contract for doing. The logo is the only thing I did not create. But I made a new logo, only with similarities.
But my site in fact is only similar in structure and color. I rewrote all the content, changed all prices, packaging and flavors.
I am thinking about writing a reply letter myself but would love some feedback as to valid points to make in my defense.
Ok so it has been about a month since I posted last so I have to give you an update.
The site is going great and I was able to sell on amazon for a little over a month before they stopped me
Anyway so today I go to my mailbox and what do I find, A certified letter from the original guys that burned me.
It was a C and D letter printed out from LawDepot.com. Stating;
"We demand you shut down your website for violations of exact content matter. Also My web name and site reflects a mirror image of our web name ans site. Your product name and logos are very similar to our and your site is confusing our customers and diminishing our credibility with them".
Very funny how all of the written content and pictures on their site are my design that we never had a contract for doing. The logo is the only thing I did not create. But I made a new logo, only with similarities.
But my site in fact is only similar in structure and color. I rewrote all the content, changed all prices, packaging and flavors.
I am thinking about writing a reply letter myself but would love some feedback as to valid points to make in my defense.
Send them the following letter in response:
FUCK YOU
PAY ME
Ok so it has been about a month since I posted last so I have to give you an update.
The site is going great and I was able to sell on amazon for a little over a month before they stopped me
Anyway so today I go to my mailbox and what do I find, A certified letter from the original guys that burned me.
It was a C and D letter printed out from LawDepot.com. Stating;
"We demand you shut down your website for violations of exact content matter. Also My web name and site reflects a mirror image of our web name ans site. Your product name and logos are very similar to our and your site is confusing our customers and diminishing our credibility with them".
Very funny how all of the written content and pictures on their site are my design that we never had a contract for doing. The logo is the only thing I did not create. But I made a new logo, only with similarities.
But my site in fact is only similar in structure and color. I rewrote all the content, changed all prices, packaging and flavors.
I am thinking about writing a reply letter myself but would love some feedback as to valid points to make in my defense.
go talk to a lawyer please
Shut down the site now and respond, "What Site...?"
But seriously, talk with a lawyer before you say shit.
Definitely get a lawyer. There maybe a problem in the amount of time that has passed though. Usually this is judged as "a reasonable person" would do and that always depends on precedent and the judge you have. Plus the actions you took afterwards in creating the site may lessen your credibility in a case but as long as your are honest (or at the least partially) and have the evidence to back it up then you will get a ruling in your favor.
However, if you still have all the back up data of their original site. You can prove that there has indeed been some sort of commercial relationship and maybe be able to get back some of the money owed in a counter suit (it is doubtful you will get all of it back but better something than nothing) and perhaps lessen the plaintiffs credibility in their case.
But again get a lawyer and make sure they know what they are talking about. You can usually go to the local courthouse and ask fro cases that the lawyer has had and see whether he has won or lost and for what reason. If that is too much work you can generally get a free consultation and gauge their reaction on what you say but you have to be a good judge of character...and no offence but if you were it is doubtful that you would be iin a situation like this in the first place.
Oh and just for clarafication yes verbal contracts are enforceable in court.....BUT you must have evidence to support your claims (emails, texts, letters phone conversations etc). However all of that usually comes out in court and since that is a drain on money and time it is better to get a contract written and signed (with a witness and date). Also read the contract before you sign, or better yet get someone you know to draft it.
As far as proving verbal contracts you have to prove a reasonable amount of five elements (well this can be applied to written contracts as well):
1.Offer and Acceptance-when was the offer and when did you accept
2. Consideration-was there something of value exchange (in your case there is)
3. legal capicity-were you both legally capable (you and the plaintiff weren't drunk)
4. Intention-was there intention to create a legally binding contract contract
5. Genuine consent-was consent given from both parties at the time of the formation of the contract
And I know this because I am currently doing law (one of my subjects being contracts, I wished I did it sooner the world is a much easier place when you know how it works) but don't take a first year law students word for it get an actual lawyer, they have the real world experience and I don't. but yeah that's pretty much it for me. Best of luck mate
However, if you still have all the back up data of their original site. You can prove that there has indeed been some sort of commercial relationship and maybe be able to get back some of the money owed in a counter suit (it is doubtful you will get all of it back but better something than nothing) and perhaps lessen the plaintiffs credibility in their case.
But again get a lawyer and make sure they know what they are talking about. You can usually go to the local courthouse and ask fro cases that the lawyer has had and see whether he has won or lost and for what reason. If that is too much work you can generally get a free consultation and gauge their reaction on what you say but you have to be a good judge of character...and no offence but if you were it is doubtful that you would be iin a situation like this in the first place.
Oh and just for clarafication yes verbal contracts are enforceable in court.....BUT you must have evidence to support your claims (emails, texts, letters phone conversations etc). However all of that usually comes out in court and since that is a drain on money and time it is better to get a contract written and signed (with a witness and date). Also read the contract before you sign, or better yet get someone you know to draft it.
As far as proving verbal contracts you have to prove a reasonable amount of five elements (well this can be applied to written contracts as well):
1.Offer and Acceptance-when was the offer and when did you accept
2. Consideration-was there something of value exchange (in your case there is)
3. legal capicity-were you both legally capable (you and the plaintiff weren't drunk)
4. Intention-was there intention to create a legally binding contract contract
5. Genuine consent-was consent given from both parties at the time of the formation of the contract
And I know this because I am currently doing law (one of my subjects being contracts, I wished I did it sooner the world is a much easier place when you know how it works) but don't take a first year law students word for it get an actual lawyer, they have the real world experience and I don't. but yeah that's pretty much it for me. Best of luck mate
Show your lawyer all of your mock ups, PS files etc, explain and see what he says.
I always keep the domain and hosting in my name until the cash is in my hands. I just did a site for a friend of a friend, no contract. He liked it so much he payed me more than we agreed upon, and took wife and I out for dinner. Sorry bro.
I always keep the domain and hosting in my name until the cash is in my hands. I just did a site for a friend of a friend, no contract. He liked it so much he payed me more than we agreed upon, and took wife and I out for dinner. Sorry bro.
Tbone. Looks like you're in AZ. I have offices in Tempe and Scottsdale and I work with a lot of guys on the forum. Hit me up on skype aaronkellylaw or just go through the posts to find my site (although its in the midst of being updated at the moment). Hope I can help.
Well done man. That's by far the best way to deal with it.
Extortion is illegal, even if it's morally right in this case. It also brings you down to their level.
Getting into a legal fight is also pointless if you can possibly avoid it.
FWIW, I have learned (in 15+ years of being in business) to ALWAYS have a simple written contract that states:
1. What's expected of me
2. What's expected of you
3. What we both get out of it
4. How we'll exit
in plain english. It's just as enforceable in court, and most importantly it gives you something to fall back on if stuff starts to go wrong. The whole point of a contract is to avoid disputes - people forget that.
Personally, I don't use "lawyered" contracts. I have in the past, but my experience has been that they are far more likely to end in dispute that simple written ones. A lot of lawyers put in lots of weasel words that can mean different things, and it's a lot easier for things to be twisted around than if they're in plain english.
(That doesn't apply if you're dealing with big companies who have legal depts though - but I avoid dealing with those because they're a pain in the ass)
I do have some terms & conditions that cover things like liability, warranty etc. Those do need to be lawyer-approved. But as far as the contract's concerned, written plain english is my favoured approach.
EDIT - just seen that it's become a dispute. In which case, you do need a lawyer.
Ok so it has been about a month since I posted last so I have to give you an update.
The site is going great and I was able to sell on amazon for a little over a month before they stopped me
Anyway so today I go to my mailbox and what do I find, A certified letter from the original guys that burned me.
It was a C and D letter printed out from LawDepot.com. Stating;
"We demand you shut down your website for violations of exact content matter. Also My web name and site reflects a mirror image of our web name ans site. Your product name and logos are very similar to our and your site is confusing our customers and diminishing our credibility with them".
Very funny how all of the written content and pictures on their site are my design that we never had a contract for doing. The logo is the only thing I did not create. But I made a new logo, only with similarities.
But my site in fact is only similar in structure and color. I rewrote all the content, changed all prices, packaging and flavors.
I am thinking about writing a reply letter myself but would love some feedback as to valid points to make in my defense.
Ok, I can't speak for US law, because I'm a Brit, but over here you'd have a very interesting situation:
1. If you were an independent contractor (not an employee) you own the copyright to all the work you produce, unless you specifically assign it to them.
2. Given that you didn't have a contract, it's unlikely you've assigned it. Especially as they haven't paid you.
3. Therefore (if you were under UK law), you'd probably still own the rights to the work you did on their website. It's you who could be demanding they take it down.
It may work in the same way where you are - but you need specialist legal advice on this. Especially as they sound like arseholes who may sue.
Something I've done in the past where I haven't wanted to spend a lot on legal fees is to draft up a letter to send, then get a lawyer to look it over and add/correct anything I've missed. It's worked pretty well - the only downside is you don't get the "shit just got serious" factor of a lawyer's letterhead, and you can't sue the lawyer if it goes wrong (a large proportion of a lawyer's fees are their indemnity insurance. Lawyers spend a lot of time suing each other for shit going wrong.)