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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85260
Experience:  Lawyer
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How to deal with the following situation a website designer I contracted to create a websi

Customer Question

How to deal with the following situation a website designer I contracted to create a website is refusing to complete the site however asking for full pmt. we agree on set price of $700 to create website I provided a sample site of what I wanted however no actually layout was provided, requested of half down was paid. This is the problem when only one of 15 pages was completed she is asking for the remaining balance saying she can provide instruction for me to complete the remaining pages. I have since provide the full layout of the site but designer is requiring $3000 to complete and no further work down without full pmt. I ask for return of down pmt however designer has refused adding threat of destroying our credit with collection. What are our rights and how should I proceed.

Small bix in Toronto
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry to hear this.

They are not entitled to be paid anything. They breached the contract and didn't provide the work.

I suggest that you send her a letter by Registered Mail. In the letter set out the facts. Demand a refund of the money you've paid by a deadline you provide.

Tell her that if she fails to comply you will commence legal proceedings and then will not only be seeking a refund of the money provided but will sue for damages which will include whatever you have to pay someone else to do that job that she had contracted to do and as well you will sue for any damages suffered to your credit record should she retain the services of a collection agency. On top of that you will seek an order for your costs.

You can then sue in Small Claims Court and self-represent.

The fact is that if she thinks you only owe her $350 she cannot harm your credit record anyway. No collection agency will take one $350 claim and she won't be able to report you to the credit reporting agencies as she won't have an account with them.

Let me know if you need any further clarification.
Customer: replied 10 months ago.

Hi Debra,


 


Thank you for the information, I just wanted to clarify a few things. Since I did not provide the layout of what I needed on the site before paying her the down payment is she still in breach of contract or can she later say she was willing to do something’s but not all the requirements. At what point do I have the right to get my down payment back.


Secondly the agreement included a logo of which I draft and she added to the page can I legally reproduce this logo elsewhere.


I do not trust this lady and has since found online other customer complaining about laura de osuza and the company tnpgroup & thinkz N Pixels about her request for more money without work and aggressiveness. In light of this would you agree it best to get someone else to create the site or a my obligated in any way to work with her if she agrees to do some of the work.


 


Regards


Judy


 

Expert:  Legal Ease replied 10 months ago.
She has refused to do the work. She has also shown you that you cannot trust her as she is dishonest and irresponsible.

So you certainly don't have to use her.

If you designed the logo then you own it.

But she has breached the contract because she agreed to do the website and hasn't. You've not done a thing wrong. She may be sorry that she said she would do this for this lesser fee but that's what she agreed to do.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85260
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 10 months ago.

Thank you, just wondering do you also provide legal letters similar to the register letter you mention above if so how much

Customer: replied 10 months ago.

Not sure if you received my last question


 


Thank you, just wondering do you also provide legal letters similar to the register letter you mention above if so how much

Expert:  Legal Ease replied 10 months ago.
Sorry. I didn't get the first post.

I cannot do that unfortunately.

But, you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or XXX-XXX-XXXX (within the GTA)

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