Difficult Client

[thwebdesign]

I designed and built a site for a client of mine, which has been online for a few months now. He wasn't happy with the site, although it was exactly what he asked for. I have recently invoiced for the work, but he is now asking for the ftp passwords etc. He told me he posted my cheque last night, but is now saying his secretary didn't post the cheque - I will receive it when I send over the ftp info (this means he will have all the files and I haven't received payment yet). Payment terms are 30 days from date of invoice - shall I hold out and see if he pays up?

[KDLA]

If the client is local, I'd go over there with the ftp information, and ask for the check. That way, you'd be guaranteed payment. You could put it in terms of "I'd like to explain how to use this FTP information, so you'll be able to use the site" or some other way that seems like you've got a reason to be there, and be there without "suspicions."

KDLA

[Taschen]

If the client is local, I'd go over there with the ftp information, and ask for the check. That way, you'd be guaranteed payment. You could put it in terms of "I'd like to explain how to use this FTP information, so you'll be able to use the site" or some other way that seems like you've got a reason to be there, and be there without "suspicions."

KDLA
I'd go with that. If you have control over access to the hosting, hand over the FTP details but not access to the hosting control panel. It doesn't sound like your client will hand over the cheque without a bit of pressure.

[BillStephenson]

Here's my advice: If you have his request for the FTP and other info in an email, and you've sent him an invoice, you have everything you need to win in a court.

I know that's not a good option, and at best it's a last option, but it's important to note.

In any case, you always want clients to respond by email, or other written correspondence for your records, so, if they respond with a phone call, encourage them to email you, stating instructions on exactly how they want you to deliver the items they're requesting and how and when they'll remit payment.

Then deliver the files and info with Fedex or USPS and require a signed receipt. The client accepting delivery of the work this way strengthens your case.

If the client is not local, and if you're worried that he'll not pay, I suggest you respond in an email, quoting the clients request, and clearly state that you'll deliver the files and other info when you've received payment. The fact that the client can access the work is sufficient to prove you've completed the job.

But withholding the files and other information you've been contracted to deliver won't really help you at all. Here's why:

You have no use for it.

They can claim you've withheld it, and therefore they shouldn't have to pay for it.

The trick is getting them to put in writing that they will pay upon delivery.

I like to get paid when milestones are reached in a project. I make a point to create bids that specify what the milestones are, and what the client is expected to pay when they are reached.

You'll know by the first milestone if the client is intending to rip you off. If they are, you cut your losses short and move on.

[thwebdesign]

Thanks Bill,
Good advice. The client contacted me again this morning by text, he's getting quite threatening because I haven't responsed after 2 days. Think it's not a good idea to start texting, seems a bit unprofessional. By the sounds of it he has had the website redesigned and wants to load it up immediately.

My thought is to contact him by writing, I agree with you there. Explaining that my terms and conditions explain that all files will be tranferred over when full payment is received. If he has any queries regarding payment to contact me in writing. My concern is will it look like i'm backing down if I ask them to pay on delivery? Although it is a good idea.

[Ed_Ryan]

My concern is will it look like i'm backing down if I ask them to pay on delivery? Although it is a good idea.

If they're raelly serious on doing business with you then I hope they'll understand that.

[WebJoel]

Wow, -I am just without words. :o I suppose that if this was a verbal agreement it would be difficult to enforce in small claims court. I would suggest that some 'paper signing agreement' be used prior to any build. When I was in college for the Internet Publishing series of courses we briefly covered adviseable costing and billing procedures and it was recommended that a paper contract be created with the steps spelled out. Like, meeting with client to discuss their needs & wants, their target audience, maintenance & upgrading requirements, disbursement costs, etc. Collecting of any images that they have, their content, copyediting if applicable, etc. and you (the site builder) builds a PowerPoint or PhotoShop mock-up of the site for client approval. If they approve of design, etc., coding can begin (and inserting of client's data/images) and you should get 50% retainer or downpayment, and the rest upon completion. Basically, any signing agreement with both your and your client's signature would hold up in small claims court if either of you go breach on agreement. It doesn't have to be any fantastic legalease wording, just basically 'I will build for you this site, for X-dollars, with your content, 50% downpayment expected at mid-point upon approvale of design, balance upon conclusion' and the rest is superfluous. -The client claiming 'not liking it' or 'difficult to use' etc., is outside the purvue of the agreement. Basically, they agreed to pay ("hired you"), you built it ("performed the work"), and then they pay. You both sign in agreement of these simple terms. That is all the court would need to see.
I also like to save ALL e-mails between myself & clients to prove that I communicated with them, lest they cry 'oh he never told me anything!' or 'I e-mailed him and he never replied or maybe never got the e-mail!'.
Having said all this, I have to admit that so far, I have for the most part, only been building sites for people whom have paid me on a verbal agreement. I've also made sites for menial sums and have not been paid yet too (and do not think that I ever will be), so I know that shortcoming too...

[thwebdesign]

A lot to consider there. Will definitely have a written agreement for future clients. To be honest I don't want his business after this, just want payment. Aiming to correspond by post so it's more offical. The last time he called me, he pulled my work and my business to bits, and now denies all of that - that's why written correspondance is more substantial.

What's annoying is the site wasn't to his liking, but he supplied rough layouts and said he wanted it just as he specified, which wasn't a great result, not to my usual standard, but he insisted he wanted it as his designs, which were not web friendly in the slightest.

Have just posted off a letter saying please refer to my terms and conditions, all files regarding the site will be transfered over when full payment is received, any queries regarding payment must be conveyed in writing. Have also emailed him saying my correspondance is in the post you will receive it tomorrow (to stop him badgering me). But now he's just emailed me back saying - does that include the ftp info - going to wait until he receives the letter, otherwise it defets the object of sending it in the first place.