Not sure what to do.

Hi people would just like your take on this - a client has asked for images used on a website we are working on but the client has not paid for the website. He’s seen the mocks and a couple of functioning pages, its very late, been waiting for content for weeks.

But just got an email from him requiring the images he saw in the mocks?

Would you send over? My gut feeling is I should but just wanted to know what you lot would do? He probably wants them for a future marketing piece…


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Why would you hand over work product without payment?

If he has access to mockups or working pages, why doesn’t he just take
them?

Why not let him know that you’ll be happy to hand over your work product
once the job has been completed. (completed = and paid for).


Ernie Simpson

On Mon, Dec 16, 2013 at 9:03 PM, Justin Easthall email@hidden wrote:

Hi people would just like your take on this - a client has asked for
images used on a website we are working on but the client has not paid for
the website. He’s seen the mocks and a couple of functioning pages, its
very late, been waiting for content for weeks.

But just got an email from him requiring the images he saw in the mocks?

Would you send over? My gut feeling is I should but just wanted to know
what you lot would do? He probably wants them for a future marketing
piece…


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He does have access to the mocks but they have been doctored have text running over them etc…

Just seems a bit unfair??


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He does have access to the mocks but they have been doctored have text
running over them etc…

Just seems a bit unfair??

I still don’t understand - if he hasn’t paid for anything, what claim can
he make to anything?

What is your conflict?


Ernie Simpson


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Personally I wouldn’t give him the originals until he has paid in full. Out of curiosity, did you ask for a deposit?

Todd
http://xiiro.com


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I’m going to have to agree with Ernie and Todd on this one.

I designed a logo for a client six months ago. This client had me and my staff go back and forth with various redirections for nearly a month and then killed the project, stating that we never hit the mark—which I doubt anyone could have. He then decided that he didn’t owe me anything, even though I have a clearly stated termination clause in the contract he signed.

He then had the audacity to take the proofs we provided and used one of the logo designs in a newsletter and on two web pages with a viewership of 350,000. When I confronted him about this, he stated he was only using the logo for test marketing, even though he never paid us for the design or asked permission to use our intellectual property.

Unfortunately, I never collected a deposit, which was a lesson learned. I’ve tried for several months to collect payment without success. Today, I decided on principle alone, that I’m taking this guy to court. I emailed him today to notify him of my decision in hopes that doing so would help resolve this matter, but he still doesn’t get think he did anything wrong. Now, I get to spend a day in court and let a judge decide this matter.

Don’t let this happen to you Justin. :slight_smile:


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Sorry for the typos and grammatical errors. That’s what I get for responding to a thread while watching the Baltimore Ravens play. Multitasking is definitely not one of my strong suits. :slight_smile:


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No worries. Yes he has paid a 50% deposit - the images are just stock - he could in theory just go get them. Wouldn’t be too hard to find - and its only around 5 images. Anyway I have sent them to him stating I wouldn’t normally but beings its Christmas!

Thanks for the help.


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Thanks RM, sounds like a nightmare! No I def have learnt my lesson when it comes to providing any artwork before payment.

I did learn the hard way though - theres a couple of websites thats have my logo to this day - that have never been paid for - every so often I go take a look just to make myself angry and remind me of what a mistake I made.


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I never buy stock photos on behalf of my clients. I bill them for searching and selecting. They buy the stock images and appropriate license. That way I do not have to keep records of the purchase plus I’m off the hook if they go and use the image for something else that was not covered by the EULA.

Marcel


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On 17 Dec 2013, 3:44 am, Helveticus wrote:

I never buy stock photos on behalf of my clients. I bill them for searching and selecting. They buy the stock images and appropriate license. That way I do not have to keep records of the purchase plus I’m off the hook if they go and use the image for something else that was not covered by the EULA.

Marcel

You know, that’s an excellent point Marcel.


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On 17 Dec 2013, 3:05 am, Justin Easthall wrote:

Thanks RM, sounds like a nightmare! No I def have learnt my lesson when it comes to providing any artwork before payment.

I did learn the hard way though - theres a couple of websites thats have my logo to this day - that have never been paid for - every so often I go take a look just to make myself angry and remind me of what a mistake I made.

Unfortunately, I think most of us creative types learn the hard way. :slight_smile:


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Personally, I think all good relationships are built on trust. I’d hand the images over as Justin did in order to keep the client happy, unless you are lucky enough to have an endless supply of clients to treat as you wish.

If it’s artwork, thats another matter (as in Raven’s situation). Quite how your client thinks he’s done nothing wrong is beyond me - drag his ass to court. They usually cave in before it comes to that anyway…


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