Page 4 - The web designer from hell

Funny -- I * 67'd it and guess who answered! Ken, the orignal sales guy. I was told promptly that this was his sales line and he was unable to talk to me on this line. Funny, when I called him on it originally I was able to call it anytime.

He proceeded to tell me that I still had not sent him our website assets and content. He said that we threw them a curve ball (thats rather funny considering I have his IP logging into our system on several different occasions to look at our "dynamic content") which he apparently never saw. I walked him through it personally on the phone prior to the exchange of money.
He then started to say that we didnt read the contract and to bad I didnt understand what I had signed.

This is the part of the contract in question and the email I sent them:

Jeff and Ken:

This is the part of the contract in question:
You challenged my knowledge of the contract, but do you actually know what you agree to do?

2.1
Design of pages of an informational website (up to 8 pages are
included). Up to two original design concepts are included, and up
to four rounds of design revisions are included on the chosen
concept (it never requires this much).

This says nothing about redesign. If you continue on:

We b s i t e A s s e t s
* = We’ll need this asset from the client in order to start the project.
* = Client is responsible for this asset after project is completed.
1. Written content for inclusion on the site. Format is one Word document
per webpage, named the same as the webpage. For example,
Home.doc, About_Us.doc. * Or, we can use existing site content.
2. Selection of the exact pages to be redesigned, by URL. *

This does not imply that we only agreed to a redesign. You knew from the beginning that we needed pages designed and some redesigned.

Stage 1.0: Information Design Analysis
This phase involves a study of your current site
content, imagery, and other raw materials that you
provide. This phase is not creative, but organizational.
Its purpose is to organize site content according to
usability best-practices and create a “blueprint” for the
site information architecture. A sitemap and “wireframe
mockup” may be presented for your approval
before commencing the next phase.

You stated: “Do you actually think we go over all of the working mechanisms of your website? You must be dreaming.” According to this agreement you do. You understand how our content is organized and other raw materials. According to your statement, this is not a service you offer, yet you signed a contract telling me this was part of your services.

Stage 1.0: Information Design Analysis
This phase involves a study of your current site
content, imagery, and other raw materials that you
provide. This phase is not creative, but organizational.
Its purpose is to organize site content according to
usability best-practices and create a “blueprint” for the
site information architecture. A sitemap and “wireframe
mockup” may be presented for your approval
before commencing the next phase.

Stage 2.0: Creative Discovery Process
This is where we identify your target audience and
determine the personality, tone, and style of your site.
We'll conduct research on your specific market to
discover (among other things) who are the market
leaders, what is the visual language of your industry,
and what separates you from your competitors. We’ll
rely on your input and suggestions during this research
phase to form opinions about important “soft” factors
like color, choice of imagery (ex: animate, abstract,
iconic), and fonts.
Stage 3.0: Graphic Design and Invention
Next, we invent. We’ve already determined the
information structure, linking structure, written
content, and have conducted market research.

You stated: “You sent a virtual encyclopedia of your site”. Do all of these Stages not ask for all of the details of our site, in essence an “encyclopedia”?

The fact that you hung up on me, tells me about your lack of professionalism. I have stated previously that we are willing to accept our "advance" back which was never explained to be a "deposit" and non-refundable. It states clearly on the signed contract that it is to be treated as an advance, not a non-refundable deposit. There is a distinct difference. In lieu for immediately refunding the advance, we will agree to part ways amiably. The ball is in your court, you either provide the services you were hired to do immediately or refund the advance.

Well done! Keep us in the loop. These guys sound like real Fishers and I hope they give you your money back. Its people like this that give all internet based business a bad name....

fishers? Sure

Sidenote: what's "67'd"? I tried the urbandictionary, but it didn't shed any light

Don’t mean to be negative, But:
Last time I lost money (and never recovered) was to a vendor who asked for a check to be overnighted. It was $1250 and I had a bad feeling, thinking I am being gullible the next day… I was right.
In my case they delivered the order but the quality was so pathetically low that it was totally useless. I couldn’t even complain because they actually did “deliver as promised”.
That transaction gave new meaning to gross misrepresentation.

raz

*67 is call block =)

I thought about this a little more after posting about my loss and decided to say this at the risk of encouraging the unscrupulous amongst us!
When I first realized that the $1250 was a total loss, just like you I was boiling inside and thinking of all the nasty things that I could do to them… Then I realized that those thoughts were literally consuming me, I wasn’t thinking about the project anymore, I was being ineffective adding to the loss by the delay and not gaining anything.
Then I decided to put it behind me, and move on.
I felt a lot better, got on with my work… and the rest is history.

BTW, I don’t care what others say but my mum thinks I look cute!

raz

In the US pressing the * button followed by the numbers 6 and 7 block your information being transferred to their caller ID. Instead of having your name and number it shows up as a "Private Call". Its funny cause no one can seem to avoid answering when it says Private Call.

You sure this company is one of those "fold up" companies? You know the kind that you see on 20/20 that steal another companies identity. Sign up abunch of clients all asking for deposits. Delays as long as it can while acquiring more clients and than just closes shop.

Personally if nothing comes out of it in the next day or so I'd move on as soon as possible. While your worried about $900 you'll miss the deadline you spoke of and than REALLY start to lose money.

You're not being evil by leveraging an unscrupulous person into doing the right thing. In fact, you are providing a service to the rest of the world by doing so.

Raz: While I agree with this for the most part, I can not bring myself to just "let it go". I won't dwell on it, thats for sure, but I certainly will do everything I can to ensure that someone else does not go through what I have.
If you let people get away with these things by just going away, then what have you accomplished? They assume that there is no repercussion and continue to steal and take advantage of people. Some of us still believe that there are people who are honest and do business with integrity. They just seem to be becoming the minority.

When I post my reply I thought about it, that someone like you will question my good intentions. That's ok. Next time I will think harder.