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Return the client money for the work done?
Hello. For the first time in many years, I find myself in a situation where I have absolutely no idea what to do.
I have been working with a client for a long time. Advances ended in the first year of our cooperation. Payment was made after the fact. And in November last year, the client conceived a new project and strongly insisted on prepayment of the entire amount. Until December, I resisted, in December the client pressed on and paid x-the amount on the card. Why didn't I take this client's money up front? For a long time of work, it was known that for 1-2 months, the client is thrown from side to side and work cannot be started, usually in this "pandemonium" she was engaged in collecting information, analyzing future competitors; deepened, so to speak, into the topic. After waiting for the client to calm down, she got to work and everything miraculously moved. Having received this "advance payment", she refused the offer that was interesting for herself, changed all plans and started working on the project. To make it clearer
The client's requests grew, but this did not alarm me, the bill grows and grows, the amount and terms were agreed. All December for 12 hours a day, plus negotiations with super artists, super photographers, whom he selected. Which, by the way, weren’t, but it’s not in my rules to evaluate other people’s work, so I stepped back and gave a description of the task to the client, who later transferred photographers and artists from the super category to the Mr. category. The first time a client surprised me by offering to finish the joint work, because. I didn't give him the information in time. I asked: "Did he check the mail." It turned out that no. The situation was resolved. This year, I started working on January 1, because. I don't fall into the category of people who celebrate New Year's holidays. The client sent me congratulations in verses 1, then women with wings 6. 7. 01 we were able to call and agreed that in 2-3 days he would provide me with the missing material. On the evening of 7, a letter arrives with significant changes to the project, accusations that I am delaying the deadlines and demanding that changes be made. 8, as luck would have it, there is no Internet, light and snowstorm. The client expresses concern and dissatisfaction, talks about the infringed dignity. 9.01 at 03 o'clock there is light and the Internet, I send him by mail, links to changes. And I get an answer that the links do not work and he does not want to continue cooperation anymore. Return my money. The client expresses concern and dissatisfaction, talks about the infringed dignity. 9.01 at 03 o'clock there is light and the Internet, I send him by mail, links to changes. And I get an answer that the links do not work and he does not want to continue cooperation anymore. Return my money. The client expresses concern and dissatisfaction, talks about the infringed dignity. 9.01 at 03 o'clock there is light and the Internet, I send him by mail, links to changes. And I get an answer that the links do not work and he does not want to continue cooperation anymore. Return my money.
I tried to clarify what happened, but some incredible story is being told to me. Speech in the style of the Plaintiff's appeal to the court. And it turns out that we did not agree on the characters, and I work little on his project. The main thing is that I am making a fool out of him for the second time, he is waiting and does not get what he should on time. If you forgot, then let me remind you that the first time, as established earlier, was not. But on the 8th number, there is nothing to object to.
So, what did the client get during this time: branding including a name, a prototype of a mobile application, a detailed study of the site concept, two types of site prototypes with a description, an idea and a concept for promotion in social networks, a character for social networks, a stub before loading the project (not a blunder ), registration and setting up pages and accounts in social networks, domain, hosting, hosting settings, everything is on the English side. And now, give me back my money.
I feel terrible, sorry for the time spent, there are no thoughts. The second day, messages come that I am being removed from the administrators of numerous pages, the mail of the new project, to which I had access and with which there was enough correspondence on the project, was closed. The work is done in such a meticulous and painstaking way that I am not ashamed of any class, or prototype, or tag. Here's how I should do it.
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Count everything you did, subtract it from the advance, and if there is something left, then return the money to him, fuck him and don’t worry.
Job is done ? What kind of refund can we talk about? And for this, the advance is charged from the client, in case he "changes his mind", then he would not be left naked ...
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Call him and discuss the situation. In a conversation, call "work", "advance for work", use the phrases "I used to work for you", "you hired me", "you paid me an advance and we agreed that I would do the work for you", etc. d. (no "services", "contracts" and "contracts") it is desirable that he would use the same terms in his speech.
Record the conversation. And with a record of the conversation with the labor inspectorate. Don't wait, don't warn, don't scare.
Naturally, this makes sense if the client is not a pure physicist, but a representative of an organization, individual entrepreneur, etc.
Issue an invoice to the client for everything that is done of course.
Buy a new car in advance.
By law, the money is returned minus the costs incurred by the contractor.
In fact, I understood from your conversation that most of the work has already been done, therefore, most of the amount can not be returned.
You yourself write that the work has been done, and the list is impressive. Why should you return the amount? Refund money for the amount of work that is not completed. If there are jambs on your part, then they need to be valued in money.
Judging by the story, and this is a very familiar situation, the client flickers in the mail, therefore, in the same way, in the mail (not with a link to Googledox), write him a list of all the work done with the amount affixed opposite each item, and ask for what specific item he has claims for quality and/or timing. Express your willingness to return the amount minus payment for the work already done. Especially if there was no agreement on the terms for each of the points.
It's normal, it happens often. An ordinary client - of which there are thousands. Here, in correspondence - we are alone, but in life - completely different. If the client's requests change so often and so dramatically, maybe just "wait"?))
Based on judicial practice, there is a very small percentage of cases where money was returned to the victim who did not conclude an agreement. This applies to any service, not just freelancing. In your case, the matter may be complicated by the fact that you are in different cities.
All the money, especially voluntarily, does not need to be returned. Call, try to convey to the client that you were wasting time and that you are ready to return part (after counting) of the money. And do not forget that first of all, the client will receive a hat, since he was your employer.
We need to find a compromise to say that we are ready to return 10% since 90% has been done, then let the court determine the percentage, if it starts to bargain, it’s not bad, a step in your direction has been made.
You need to respect yourself and your time, the client too, but secondarily. If the financial situation allows - calculate the time spent to a minimum, and return the rest to the client, for example 50%. Do no more business with him.
PS A client from the post-Soviet space or a native of there?
One of the best rules that I have applied in freelancing is that at the first sign of inadequacy in a client, try to stop all work with him as soon as possible.
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