The customer wants more work for a fixed amount and does not want to pay extra. How to resolve a dispute?

Question

Freelance

Hello dear gentlemen! The question is the following:
An agreement was concluded with a foreign client in English. language. An agreement between two individuals, one of which, in turn, has entered into an agreement with a third legal entity. The bottom line is that I provide abstract services to the client and instead of the deadline it is written that the contract is valid until the end of the project, but the end date of the project is not indicated. Specific services and their volume are also not indicated, it is only written that the details will be agreed on Skype and by mail. The amount of the contract and all sorts of nuances are spelled out, that if I have to warn someone somehow, about force majeure and penalties, which I cannot transfer to third parties, etc. according to the standard. I signed the contract on the basis of an abstract TK which was not even a piece of paper, and because. payment was fixed started working. I worked for a month and based on the number of edits from the customer, delays in communication, everything turned out to be more difficult and longer than expected. For example, instead of one task, I need to complete 10 tasks and correct 10 more times. I explained that all edits are paid separately (nothing about this is indicated in the contract). But the customer said that this is not acceptable. Moreover, he said that for an additional payment of roughly $ 100, I have to work for another month, you can say for free, because he believes that I did not complete the work in full, while in turn I believe that I completed the tasks for the amount specified in the contract (I repeat, there was no specific TOR, and there were no specific services specified in the contract, it is very abstract). The customer received all the results of the work and made only a small advance payment of 10% of the amount to PayPal. How is it better to resolve the dispute in such a situation and is there something that threatens me if I just send him nafig? The contract states that I must give a 30-day notice of termination of the contract and pay something else there.

Answer 1

Your contract is not legally binding due to the fact that key conditions are not spelled out in it. For example, if you conclude an agreement that Masha owes a pack of milk to Sasha because he is a beech, then such an agreement will work only in kindergarten (because everything is serious with them). True, you should also look for something similar in the legislation of the country in whose jurisdiction the contract can be considered and whose actions you are afraid of (if you raise everything to an extreme degree, then Russia, because your country and India, because his country, and you want someday to visit there and are afraid that due to litigation you may be denied a visa).
From a psychological point of view, it’s probably worth calmly explaining to the customer that he is an eccentric, you did this and that, because it was discussed before the start of the project on Skype, as you agreed in the contract, he owes you money for this and then you can cooperate on new conditions or not cooperate at all. In extreme cases, it may be worth a little threat, saying that you have records of conversations on Skype and he is fully responsible for his actions before the law, and you are a person of principle. If you can’t find a point of interaction, then just stop communicating and move away to look for more adequate clients and write yourself reminders on how not to conclude contracts)

Answer 2

1. And when you agreed, what did you think?
2. Just the case when you can just throw the customer. But in general you don't need to do that.

Answer 3

Well, I would see how he will sue you from abroad in Russia, this is at least tens of thousands of dollars of expenses.
if the client becomes problematic, then I immediately discuss solutions with him, if there are no solutions, then I write off the project as a loss and at the same moment stop working.

Answer 4

Everything is bad. Even according to fragmentary data, the treaty is no good, editing the case will not help. Terminate, enter into a new normal, or rather, just "take your feet off", because. I doubt that having such a background is possible to work further. It is better to lose money after a month of work, not six months.
And now closer to the point. Everything that I say below, based on Russian legislation, I don’t know what to do with foreign countries. Your contract looks more like an employment contract than a work contract . Each of these contracts has its own requirements. An employment contract is, roughly speaking, doing what they say from the fence to lunch. A contract agreement is the fulfillment of a specific scope of work within a specified time frame. First you decide what kind of contract you have.
And a separate note about timing. The term of the contract is an integral attribute of any contract. It's just legal ABC. For example (I'm an architect), I have a contract of author's and technical supervision (Task: to regularly register lyuley to builders and knock about all jambs to the customer :) Although you can rake lyuley from all these individuals and yourself if an error comes out in the project). Construction, I tell you - a thing extensible in time. Some construction projects happen to be frozen for years. Therefore, I have written: "the term of the contract is until the end of construction, but not more than 6 months."
about terminating the contract. Any contract can be terminated. The only question is penalties. By definition, there can be no persecution and claims more than described in the contract. In your situation, as I understand it, it's just non-payment of salaries.
Sorry, but it seems to me that by the nature of your contract is still an employment contract. Only without social obligations on the part of the employer. It's good, huh.

Answer 5

If the scope of the project is not spelled out in the contract, then we can say that at this point the project is completed and you will be legally right, if there is no phrase in the contract like "The end of the project is determined by the customer" In general, the application to the contract should be TK.

Answer 6

As they wrote, if the deadline is not prescribed, it will take a very long time, i.e. do not perform. He himself will go to others, and it is easy to ignore him and play with him "I'll do it tomorrow."
Cooperation should be mutually beneficial.
The dogvoor can be hung in a frame in the toilet.
Do not send or sign any official papers anywhere.

Answer 7

either let him pay more or look for another customer. I have a customer with whom I worked for 3 years in SMM, the salary began to be delayed. first a week, then two. a month has run free work (I will throw it (everyone is tricky))

Answer 8

Well, the wiring is well! Or do you think that since a foreigner, he is not like everyone else?
It is important to understand that he is a customer for you, and you are a contractor. You are not satisfied with the terms of the contract - discuss in favor of yourself. Does not go to a meeting - good riddance.
If the contract is abstract, then the deadline for submitting your work is also abstract. You decide when to submit your work. Ko-ko-ko, someone went out on their own rake.
Then you can do this, I think that somewhere in the contract there should be a similar line - "the possibility of its termination at the request of one of the parties." There is a line - Pokedova people.
Laughter and nothing more. What will he do to you, he knows you personally, did you foolishly leave your passport details? Waking up, a counterclaim will be filed.
Just don't be afraid of him. He's just a brazen exploiter of a cutie like you.

Answer 9

As already stated, the contract is invalid. I think including the customer may not pay for it.
And lawyers do not eat their bread in vain - next time draw up a contract with their participation. This time you just got lucky.

Answer 10

This is very bad, for the most part you have multiple exits.
1. Keep working and hope he pays.
2. Try to revise the contract.
3. Claim payment now. How much, then look for a new order.
4. Throw the customer without payment.