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Category: Legal
Satisfied Customers: 56818
Experience:  Licensed attorney helping individuals and businesses
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I am a web designer who made an agreement with a client. Park

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I am a web designer who made an agreement with a client. Park of the Agreement was unlimited use to my design services for 4 months while we worked on 3 projects. The client (who I thought was fair minded) abused the Agreement with daily requests adding new projects. 2 1/2 months later I emailed her asking that we discuss the possibility of refocusing on the Agreed projects and limiting my design work to them OR relook at the agreement. She hit the roof (within moments) saying she wants a FULL REFUND. The Agreement amount was $2300. I have 11 pages of work totaling more than 100 hours work. My hourly design rate is $50 p/h; programming $75-$125 p/h. My question is: Since I am not able to "undo" the work done and she would be doubly enriched by having both money and my designs, what should I do?
You cant limit her use if the contract was for unlimited use. That is simply a loss you would need to swallow. The client on the other hand cannot cancel and demand a full refund. She would be obligated to you under the contract signed and under quantum meruit and unjust enrichment claims. To better your position you show reiteterate that she continues to unlimited use so she cant claim you breached the contract.
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Customer: replied 8 years ago.
I would like to ask more about this issue (originally asked by me on February 1st) ... should I just add my additional question here?
Thank you
What else do you want to know?
Customer: replied 8 years ago.
Additionally I would like to pay for this so please direct me to my options for payment.

My additional question is:
The client has ended the Agreement and moved to a new designer, web host and domain registrar. (Again, the reasons have not been explained) I have prepared an invoice which totals over 50 hours of work performed during the time of the agreement. Since she decided to end the Agreement (see above), I have applied my base hourly rate to the 50 hours which results in her owing me $1000 with no refund in sight!

I looked up *unjust enrichment* and quantum meruit and wonder what documentation I must have to prove & claim unjust enrichment/quantum merit... since it is not fair for her to receive a refund for work that's already been done and there's no way for me to undo my work or the benefit she's received already from it.

The contract will speak for itself as far as proving what is owed. also an invoice received and not rejected can be used to show acceptance and an account stated claim. Unjust enrichment and quantum meruit would be shown by evidence the going rate for the work you, documents showing what you performed, and witnesses such as yourself confirming the work was done correctly and is of value. To pay again you would need to press the accept button.
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Customer: replied 8 years ago.
Followup Question

Client has TODAY created a chargeback (via MC) for the full refund which now has caused my business checking account to go red. I can not believe she did this! Is it better for me to retain an attorney to go forward or do you think providing evidence of unjust enrichment and quatum meruit to the charge company & to my merchant account is enough or is there a more effective and QUICKER way to resolve this. I've put a freeze my bank account which charges $8 per day for overdrafts and they tell me that chargebacks could take up to 75 days! HELP!

The CC company's investigation process is limited to clear fraud or non delivery of goods. Your situation would require a lawsuit.

Customer: replied 8 years ago.
Are you available?
We are not allowed to take on clients from the site per JA rules, but I am available to answer questions during the process. You can begin new question in subject line for INFOLAWYER. If you need to retain local counsel, try