[iranfromthezoo]

In December I was asked to do a website for someone. I created a completely CSS website that I was very proud of. The purchaser was a speaker and wanted to be able to update the website themselves, I told them about Adobe Contribute CS3 and they said that was great. They mailed a check for the domain name and the hosting for one year. I took that as a good faith movement and began building the website. I finished the website and was sending them the final proof. They didn't reply for a week and I sent them another email follow up. This time they replied that they were wanting to do the website on their own but wanted to hire me out to help him build a site on his own. I said I don't do that. Anyways he begans to send me server info and all that to change the server over. I told him he needs to contact his registrar to do that himself not through me. I sent him a bill for all my work I have done. He has not replied to that.


I go to his new website and it's one of those halfway done flash templates. I said whatever but then I see his myspace and he has jpeg that I designed for his website with his "logo" on there that he didn't buy.

He stated he wanted to use me for a photoshoot and a logo but I don't know if that was just to smooth me over because of what he did. I sent a bill and will send one again if I don't hear from him in a week. How should I handle this situation?

[analogue SPRINKLES]

Have a lawyer send him a letter if he doesn't reply to the next email.

[quid]

Next time ALWAYS use a contract, that way if he doesn't pay, you can sue him for the bill AND for damages.

Contracts are the best tools to ensure you get your money.

[iranfromthezoo]

Quid,

A contract for some reason is not a legally binding document in Mississippi. Would something like this be protected federally?

[Westbo]

Originally Posted by iranfromthezoo 

Quid,

A contract for some reason is not a legally binding document in Mississippi. Would something like this be protected federally?

WTF! Of course there are legal binding contracts... and even in MS. Buy a car, a house, negotiate credit or get a loan, those all involve binding contracts. There are also employment contracts, service contracts, I could go on. Get a hold of a attorney and have him/her draw one up for you.

[Veltliner]

Contact the host of the site where the stolen work is being published.

Tell them, that work, stolen from you by that person, is displayed on the site. Tell them, they have copyright infringing work on their servers, and mention the digital rights millenium act.

Often such sites will get closed by the provider, or at least the artwork will be removed.

[art_director]

ahhh ... spring must be right around the corner. the 'i got ripped off by a client' post always hits just before the robins return.

first, forget the advice about suing the client. people telling you to do that have not even asked for the most basic of information and have given advice without a thorough understanding of your situation.

now, how much money are you out? if it's under $3,000 you'd take it to small claims court. you'd pay a filing fee of approx. $100-200 and be out a half day of work -- which has value as well.

if you win in small claims court you have no way to enforce the court's rule. they don't pay on the spot and there's little you can do to get the cash if they get stinky.

in my view, anything small enough for small claims court isn't worth the time and effort wasted. you'd be better served putting the same effort into finding new clients who actually pay their bills.

your best bet is to send the client a tersely-worded letter via registered mail (that always makes an impression). someone else suggested a letter from an atty. -- that's a smart approach but will cost you.

you could contact your state atty. general. they're often willing to step in and mediate -- or, in this case, just scare the $hit out of a slimy client.

personally, if it's under $10,000, i wouldn't get to worked up or waste too much time on it. i've done that and it doesn't get you anywhere. unless you count hardened arteries as progress.

[mydog8mymac]

The Graphic Artist Guild is always a great resource!
You can find a good letter of agreement here and fashion it to meet your project's specific needs.