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Website Impounded

fitnesssf.com

31–40 of 156 posts

Re: Website Impounded

#31

I wouldn't change anyone's website to say they haven't paid a bill. It won't let you collect any easier and you might get sued and lose. At some point you have to say no more work until we get settled up to this point.

I suspect he has given up on collecting.

Re: Website Impounded

#32
post #16

I wouldn't change anyone's website to say they haven't paid a bill. It won't let you collect any easier and you might get sued and lose. At some point you have to say no more work until we get settled up to this point.

Agree entirely with this.. often i take 30% up front, 30% when prototyped, and final 40% payment upon delivery

Can you live on 60%? That is, how hard is it if a large customer decides to ignore that last payment?

Re: Website Impounded

#33

I don't get it. A legally binding contract was signed before they took on the job, right? Doesn't that offer legal protection?

A contract is kind of like a speed limit sign. It may specify behaviors that are in violation, but it has no power on its own to enforce itself. About all it's really good for is to describe for a third party--a judge--the agreement between the signatories at the time they executed the contract.

Even if one party to a legally binding contract sues another for failure to discharge his contractual responsibilities, and convinces a judge that a remedy is in order, there's still no guarantee that they'll ever see the responsibility discharged or the remedy paid.

In other words, getting a judgment in your favor is easy; getting a collection from the offender is a whole 'nother thing.

Re: Website Impounded

#34

I don't get it. A legally binding contract was signed before they took on the job, right? Doesn't that offer legal protection?

Assuming you can afford a lawyer. In this case, the developer's apparently in Europe, making that even more difficult.

Ah thank you. I live next to Germany (Holland) and know the German developers to be very stict, precise and 'grundlich' and to have an insurance against legal costs. Looks like the one thing they forgot was to stop working after they didn't get paid the first time. They trusted the client and got taken to the cleaners. I understand why they took the website / domain down. At least now everyone knows about it and it's the only thing left... Not professional no, but understandable.

Re: Website Impounded

#35
I don't see the problem with this. People deserve to be paid for the work they do, and time they expend, which is irreplaceable.

If you take your car to the shop and can't pay for the work to be done, they put a mechanic's lien on it, and impound the car until the work is paid for. This is no different from that method, which is totally legal.

Similarly, I've met software developers who set timebombs in custom software they write for companies, with an easy to install patch that gets released when that company pays it's bill.

If you're out to screw someone over and take their work without paying them, then being deprived of the utility of the unpaid work is the minimum amount of damage you should expect.

Re: Website Impounded

#36
post #11

That web designer turned a contract issue into a potential tortious interference issue -- against him.

Is the claim here really tortious interference? Or is it conversion? Or something else? Taking down a deadbeat client's website if they're entirely in breach of the contract that created it seems like it would be reasonable, but I agree that hosting a new website in its place to broadcast a grievance is probably a bad idea.

I had fairly complicated Python and C code I'm reviewing coming out of my ears so I did some research on this to clear my head. I couldn't find any solid answers. I'd be interested in hearing one from a lawyer, because this comes up on HN every now and then.

Back to code review for me. Wish me luck.

Re: Website Impounded

#37

I am sorry, but this guy is way out of line here. Legally I have no idea, but morally, I do. I mean, go to the place and talk to someone. Or take down the site. Don't start a campaign for your feelings. edit: On second thought I was eating a restaurant when their televisions turned black and the screen came up with a pay your bill now notice. Every screen in the restaurant. So I guess maybe this is the tactic.

It's morally wrong not to pay your bills. If they are being shamed, tough luck. Pay the one you owe money to.

Re: Website Impounded

#38
Freelancers and agencies: consider having all work prepaid. Your fears may say that clients won't go for it, but they are going for it with other agencies/consultants, and in other professions this is a mainstream way of doing business.

Government and huge corporate sales might not go for it, but you should be adding a 0 to the end of your price quotes to them as compensation.

Re: Website Impounded

#39
I do empathize with this guys position but he is way out of line here. There is an implied risk in doing business, be it freelance or trough a traditional business.

Your first line of defense would be a solid contract and a fairly decent deposit. If you lead with a strong reputation clients will have no problem making the investment with you. If you lack the experience and reputation, maybe you shouldn't be getting involved in projects like this that leave you at risk.

Next would be proper project planning and _clear_ delivery milestones that have payments associated with them. It is not wise to put yourself in a situation where you lead with design and development and receive the bulk of payment when the project is complete. Without a clear project plan and deliverables scope creep can introduce itself and you can wind up eating the cost of additional work to satisfy the client. And even then you are still crossing your fingers the check will come before the next "quick update."

The problem I have with what the developer has done here is that he has abused his position to leverage a client's domain to support his view of the situation. We don't know the clients side and they are left without a voice here.

The developer may very well be the victim here but I've got to believe it was his business practices that made him vulnerable here.

Re: Website Impounded

#40

Archived the source for when this inevitably is reverted: https://gist.github.com/anonymous/4955465 The page embeds http://clients.frankjonen.com/fitnesssf in a frame.

Did you consult an attorney before doing this? I'm curious what the ramifications are. Back in my boutique days, we were stiffed several times, but I never wanted to pull a stunt like this for fear of legal retribution. Instead, I hired some very good collectors, and had a stipulation in my contract that the customer was required to pay collection fees for invoices over 60 days late. This resulted in my company getti…

Ah, I'm not the one who did this; and as an American, I never would--easier to resolve it more traditionally. However, the client being American and the firm being European, I can see how this became the option of choice.
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