cancelling a contract after work done...

[davidbehan]

Howdy all,

I've got a client who I was developing a website for. I had done the work of creating concepts, chopping it up to xhtml/css, setting up all the pages, registering domains, hosting, email, etc all the way through the process up to the input of the actual content. There was probably a days work left in completing the site once the content had been received from the client. I've been waiting for it for months now.

In the meantime, the client has decided to re-brand as part of a franchise. This now eliminates the need for them to have a website as they will be under the head office website. They've asked what refund they should get and have asked (nearly like a joke) if they would get a full refund.

I've said that I'll have to check the contracts and get back to them as all invoices paid up to date where for work completed on the site. 60% of the project has been paid for so far. My contract states that either party can cancel the contract with 30 days effect and this clause is probably the most relevant:

On termination of this Agreement however occurring, all moneys unpaid by the Customer pursuant to this Agreement will immediately become due and payable. If such moneys remain unpaid for a period of thirty days then (without prejudice to any other rights that DAVID BEHAN may have for breach of this Agreement or otherwise) DAVID BEHAN will be entitled to retake possession of the Products and to disable any software provided pursuant to this Agreement (including by remote means).

I'm not planning on invoicing the client for any more work and would be quite happy just to terminate the agreement as I understand that there is no point continuing with the website if they don't need it. However, should I be giving a refund (legally) or some sort of credit (as a gesture of goodwill) maybe?

I've never had to deal with a situation like this so just wondering if anyone else has and if they can provide any advice.

Much appreciated,

Rgds, Dave

 

[louie]

The reason webmaster gets paid 35%-35%-30%.

I know he doesn't need it but hey you still put a lot of work and hours into it, and who's at fault? You or him? By the looks of it is his fault for not telling you in advance. He probably knew that is changing profile or whatever, and never bother to tell you, still you continue to do your job.

Try acting reasonable with him and compromise (both sides), but don't go too much/Little on your side.

Good luck with it.

 

[mneylon]

I can't see why you should even consider giving them a refund

 

[davidbehan]

I'm thinking of just cancelling the contract and explaining that any money paid to date is for work completed and that no refund is available. I might offer some sort of discount if they want work done down the line.

Reason for question (as opposed to just saying no to client) is that I've also done work for a partner company of theirs. They have 2 businesses and I'm still doing ongoing work with the other company. Also, the franchise have expressed interest in getting a new site and it could be a very good client to have on the books. My name has already been passed to their MD so I don't want to burn any bridges I might need to cross later on!

 

[mneylon]

While I can appreciate the diplomacy angle don't forget this is Ireland. People will make all sorts of silly promises that they have no intention of following up on if they think they can get a small discount

 

[louie]

I have to agree with Blacknight here.
Like we say where I am from:
"Don't let the bird in your hand fly away in exchange for the one that's on the fence cause it looks bigger."

 

[EdenWeb]

Hi David. You are entitled to retain any monies paid since the work has been completed. Wether it ever goes live or not is not the issue. As you mention, there's quite an amount of work that goes into designing and developing a site before it ever goes live. Pushing it 'live' is literally just that - uploading it.

The only thing to watch out for here is the 'I've mentioned you to the MD' line. Maybe they have/ maybe they havn't. Regardless, it is probable that the franchise owner already has a web company under contract that a recommendation is unlikely to change overnight.

Best of luck with it.

 

[mneylon]

"Don't let the bird in your hand fly away in exchange for the one that's on the fence cause it looks bigger."

A bird in the hand is worth three in the bush

 

[davidbehan]

Thanks lads. Appreciate your opinions. Think I'll stick to my guns. If the extra work is there, I'll do a deal with them but any monies paid are for services rendered. Thanks again.