i just had an argument with a client of mine who explained they wanted a refund of their money, because they claim to not have misunderstood the contract they signed and wanted to see the final images which i never send because they can be stolen. they were so upset, that they threatened over the phone to assault me and defame my character online. I am an artist and this was for an illustration project. they explained they will call their attorney to get a refund, even though i explained in the contract (which they signed) that the 50% they paid up front is nonrefundable once the samples were submitted to them. I am still not sending them the final images. what is your recommendation? by the way, i sent a notice of termination of the contract to them via email.
would you like a link to contract?
I have already generated mock sketches and samples for one leg of the project for which they received and reviewed. The husband threatened to 'knock me out' and 'kick my ass' during our phone conversation because they were upset that they do not get to see the final images until the end of the process, because i am interested in protecting my work and make sure i am paid for it. So for the food section, we were already in post production, i still had to complete the body systems, etc. which i was ready to do, but they felt they should have the OBLIGATION to make an amendment to the contract because they saw fit to review the final images before i move on and thats not what we agreed upon at all.
The way the contract is structured i said that I would offer to send them samples for the body systems and food. I have sent them samples for the food which they saw and approved, and i then sent them an email saying the food was almost complete and for them to send me reference materials for the body systems for me to do. then thats when the client wanted to see the final images, even if it was just 10, i didnt feel comfortable sending them final images until the end of the project. but they got very upset and said that they wanted to see the in progress before moving forward, i wanted to continue but they said they didnt want to do business like that. so then the husband got involved and said that they wanted an amendment and i said 'no' so then he got mad and called alot of names and gave threats which i cant prove because it was during a verbal phone conversation. is there ANYTHING in the contract that an attorney can look at and try to twist? can they go to paypal and request to see the final images and dispute it? because when i sent the samples to her...she sent all of the samples to her girlfriends and friends for them to see. i didnt want the same to be done for my final images, because someone can run off with them, you know? your thoughts?
i did not create mock sketches for the body systems and the icons and organs were a subdivision for the body systems. But the contract just simply says that after mock sketches are created or delivered then the contract is nonrefundable. So thinking objectively it does not say the mock sketches are simply for the project or for the both the body systems AND foods. so that is where i might see a weak link which they may try to exploit, what do you think?
how much would the fees cost for them sue me? the amount that was already paid was 612.00usd. and would you recommend i just refund them half back, so i can avoid going to court? i am not interested in going to court for this.
Do i have to physically appear in court for small claims? or can it be done over mail ?
I've already called paypal and theyve already confirmed that based on my contract that they will issue no refunds to this client. Should i just refund them half of the amount and then send them an email to let them know that half was for the incomplete portion of the project? which id imagine would weaken their position in a court because they were refunded some funds of the money also this may avoid any sort of feisty counteroffers where they want to try to be dictators and get the full amount when they are not entitled to it. I am not sure it would fare well if i sent them an email ASKING if submitting half would be acceptable, because they seemed pretty upset. what do you think?
which way are you recommending? im sorry. i couldnt understand your answer.
okay i will do that because i think that would fair based on this, even though i am essentially losing money this way. My mind is too clouded right now to come up with a suitable message or header in the email that would be applicable. any ideas? like...i dont want to say PARTIAL REFUND for your project as the header. That might piss them off before they even read the email. any suggestions for the wording of the header and the short and sweet email?
I've already sent the termination letter, thats why i was asking your thoughts on how i should word and present the refund email, because i am not sure putting PARTIAL REFUND as the head of the email would be effective. you know? what is your suggestion.
Fantastic! thank you i will do this now.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).