Bad Business on My Part?
***Note***
I posted this in another category too, so I hope I don’t get in trouble but I really need the opinions of people that read and answer in this category too.
***End Note***
OK… I design websites. I do not sell templates. As a matter of fact it is all over my website that I do not do templates, ever.
But a little over a year ago a new client came along and said he was looking for a template. He said he wanted a website built that looked cool and that he would update it.
I never told him I would give him a template, as a matter of fact I told him that he seemed like a busy guy and that I would be there to do the updating of his site for him.
So what I offered him (verbatim) is:
*********
$365 Includes:
5-7 page site designed and implemented
Hosting if needed
Up to 100 Email Addresses (if hosting with me)
Flash Design (2 max)
Logo Design and / or Manipulation
Contact form on site (PHP)
Free Updates for the existing content of the site (once site is designed and implemented)
1 Year – 24/7 Support (just email or call me anytime for any reason)
Submission of your URL to over 200 Search Engines quarterly
After one year, if you like to continue my services I just invoice you an additional $365 on the 1 year anniversary date.
**********
Now… The anniversary date has passed. I sent 3 invoices to the email address of the guy that started this agreement. I sent a 30 day notice, a 7 day notice and a 1 day notice. There was no reply to any of them.
I waited 10 days after the account was due to be renewed because that is what I say I will do in my Terms Of Service. And on this 10th day I filed a DMCA (copyright infringement) with the company that is hosting his site.
I did this because, again, I do not do templates. And in my TOS it says:
**********
All web site designs developed by and implemented by
**********
and
**********
Any artwork, images, or text supplied by and / or designed by
**********
Among other things.
I do not sell templates, I sell a service. If someone thinks they bought my designs, I’m sorry, but they didn’t, and I have gone out of my way to make this clear.
Anyway, today I get a call from someone else that works at the place I did the site for, actually the owner. He tells me that the person I was working with is no longer with his company, and the whole time he thought what they purchased was a template.
I explained to him what I just explained here and I told him that I would sell him the design outright and royalty free for $99. He talked me down to $75. Which is cool.
I just don’t like my work out there, and people hacking it up and making it look bad which makes me look bad, which is one reason why I hold the rights to my work. The other reason is, since I don’t do templates and every site is designed from scratch there is much more work involved, and if someone is done with their site, moves on to another company or whatever, then I am free to take that design with me and sell it to someone else who may have similar needs.
I have been doing webs now for over 10 years, and this is honestly the very first time I have been in this situation.
I kinda feel like a jerk, and although I had no intention of misleading anyone it appears that there was some confusion. But all in all I think the offer of buying my design for only $75 is a sweet offer to resolve the situation.
Am I being a jerk? And if I am, do you think it’s justified?
Let me know, I really want as many opinions as possible.
Thanks
Oh, and yesterday I emailed him a payment link for the $75 and he still has not paid.
telescope























