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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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A web design client of ours has asked refund on work

Customer Question

A web design client of ours has asked for a refund on work done last year claiming 'loss of income'. There was no contract agreed upon or signed and we can prove work has been completed and delivered. Where do we stand legally?
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What loss of income exactly is he claiming for?
Customer: replied 2 years ago.
He currently isnt legally claiming against us but claims via email to have loss of income. The site we developed received income from advert traffic, we made sure that all the advert codes and display boxes were on the site, but at the time he blamed us for loss of revenue. We have e-mails stating that we were never hired in the capacity to work on advertising campaigns/Pay Per click accounts, and only to develop the website as per the designs we received.
We took a deposit of £1200 for the work, completed the work and then as a gesture of goodwill because of project delays on our end finished the project without taking the further £500 owed for project completion. 6 Months later he is now asking for the initial £1200 back to offset his "loss of well over £5000".
Expert:  Ben Jones replied 2 years ago.
Do you think he can link the loss of income he claims with your work?
Customer: replied 2 years ago.
hmmmn its tricky. At the time (stupidly now I think about it) we did actually apologise for the loss of revenue, and quickly corrected the ad codes on the website. We developed the site as per the designs sent to us, and were never given the correct ad codes until everything had already started going wrong.
I have hundereds of e-mails stating and showing that we had not touched databases or codes, and had developed the site as per his designs + confirmation e-mails showing him approving any changes we did make.
Im sure he could link the loss of income with our work, but then we could blame the designer or the server admin who were also hired by him to work on the site...
Customer: replied 2 years ago.
This is a copy of the e-mail he has sent out to us...I have been discussing things with the new coders and am writing to ask whether you would be kind enough to return the payment I made to you of E2200 for the work on only ask because I am so short of money at the moment, and have lost a huge amount in ad sales, and audience as a result of errors you made, and apologised for. They made a list of the errors in the site when they took it over.
My losses come to much more than 5000 but without prejudice to any claim I may have against you I would be willing to accept 2200 for a speedy settlement.
Best wishes
Expert:  Ben Jones replied 2 years ago.
You mention the amount in euros, where are the parties to this based?
Customer: replied 2 years ago.
He is based in the UK, We are based in Ireland but were paid into our UK account in GBP (so he is way out with his figure there, and we have proof of this from invoices/emails/bank statements)
Customer: replied 2 years ago.
I should add we are both British citizens and still have a uk address, as well as an irish one - our business is registered in ireland though. This is getting messy isnt it - also there were never any contracts
Im happy to report that we learned our lesson pretty quickly and now only operate with contracts and have a customer guarantee in place!!
Expert:  Ben Jones replied 2 years ago.
yes that is better suited to our European Law section really because it is a contract between Irish and UK entities. I will transfer the question there and hopefully someone will respond soon. No need to reply in the meantime as it will just assign the question back to me, thanks