Who would have acted in these 3 situations with the customer?

Question

Project management

Situation No. 1
You are working on a project to promote the site. Two weeks after the start of work, you showed the client new optimized texts for his site. But the client did not like them. I didn't like the second edition either. Says it's not well written. After that, the client said that he would write texts for himself on the site. You agreed. A week later, no texts. You check with the client the deadline for writing. He promises within a week. But he didn't write again. So you have a project without texts in work for 1.5 months. You cannot delay the deadlines and postpone the placement of texts. Otherwise, you risk that you will not achieve the promised result within the approved time frame.
Describe the solution to the problem in detail.
Situation #2
The customer is late in paying the scheduled invoice for the promotion. According to the contract, payment must be made every month by the 15th day. You billed in advance, even on the 7th.
During the first three reminders on the phone, the client said that he did not receive the bill and asked him to send it again. The last time he simply promised to pay within a day or two. Today is the 29th. There is no payment.
How will you do it?
Situation #3
You are an account manager in a website promotion project. 5 months after the start of work, due to the update of search engine algorithms, the project did not reach the planned positions. The client asks to return the money for 5 months of work.
The contract does not provide for a refund. On the contrary, it explicitly states that funds already spent on work will not be returned. And the client agreed to these terms.
But now he needed money and he insists on the return of all payments. This is motivated by the fact that since the planned result is not achieved, then you should not have received payment for the work performed. Threats that he will send a letter to all customers of the company, which will present your company in a negative light. Says "I'll write that you threw."
Refunds are not possible. How do you explain to an excited customer that he should not do this?

Answer 1

Situation 1.
Read the contract!
who should provide texts?
- if the contractor, then without an additional agreement you are not entitled to demand texts from the customer, and he is not obliged to prepare them and provide you, in case of violation of the terms of work / services, the delay occurs on your part;
- if the customer, then read the contract again, perhaps your case and the procedure is described in the contract, then notify the customer:
art. 716 of the Civil Code - The contractor is obliged to immediately warn the customer and, before receiving instructions from him, suspend work if it detects:
* unsuitability or poor quality of the material, equipment, technical documentation provided by the customer or the thing transferred for processing (processing);
* possible unfavorable consequences for the customer of the fulfillment of his instructions on the method of performing work;
* other circumstances beyond the control of the contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.
If you have not been notified, you will not be able to refer to these circumstances later.
See also Art. 718 - customer assistance and art. 719 - non-fulfillment by the customer of counter obligations under the work contract.
Situation 2.
Read the contract!
The development of events can go in the following ways:
- consider the penalty for delay and other possible sanctions, then make a demand for payment;
- suspend execution under the contract (Article 719 of the Civil Code of the Russian Federation)
- unilaterally refuse to fulfill the contract (Article 782 of the Civil Code of the Russian Federation)
- terminate the contract in court.
In all cases, it is possible to recover expenses, losses, etc. money, you need to study the circumstances and the contract.
Situation 3.
Read the contract!
If the requirements for the result of the work were quite specific, certain - we look at how it corresponds to the required result. Based on this, decide with the return of part of the cost.
If there were no requirements, technical specifications, etc., or it was empty ... these are the risk of the customer, the work must be paid in any case.
In general, you need to humanly assess the situation and decide how to act ... reputation is a good thing, but many exaggerate its importance. And for the dissemination of false information, you can be punished, the Federal Antimonopoly Service loves such cases and they have large fines, in my opinion from 500 to 1 million per legal entity.
In general, no one knows your situation and all the circumstances of the relationship with the customer better than you, did not read your contract, no one will give you normal advice, and all these tips will come down to the legal resolution of the dispute ... this is normal, this is where you need to start, this is such a golden mean - legalized justice, but in reality it is also necessary to take into account the human factor, the nature of relationships and justice may differ from that described in the laws ...