Removing a clients website for non-payment. Need advice.

[morestar]

In Canada you don't need the contract. In my case I had a reply to e-mail with the proposal stating "go ahead" with the project. That was enough.

I thought I heard this before and even saw bosses tell me to go ahead on work based on emails of that type. So this is totally true in Canada then right NCD?

Thanks for the clarity.

[destin-ation]

I removed a clients website from the internet for non-payment of website design service after all efforts to be paid was exhausted and the account was several months past due (by the way…they are doing this to other businesses in town). Now…the client is claiming they are turning this over to their lawyer….claiming we severely harmed their business. The restaurant website was down for less than 24 hours. We reinstalled the website, after they paid less than ½ the amount due. We gave them a 30 day extension on the remaining amount due. Now…they refuse to pay the remaining amount and they are threatening to sue us. This is getting ugly. Has anyone else…ever had to pull down a clients website due to non-payment? If so, what was the outcome? If anyone can share their experience, I’m sure we could all learn from this. Are there any general website ethics rules about having to pull down a website? Any advice on this issue would be appreciated. The client still owes me $1,200 and refuses to pay. I’ve been designing websites for over 10 years and I have never had to go to the extreme of removing a clients website. I could use a little advice from fellow web designers.

So far, the industry standard that I’m reading is that….. yes…… websites are pulled down if clients do not pay, this is very common. It’s equivalent to the power company cutting your service. If you don’t pay, service is discontinued. I’m also hearing that clients are QUICK to pay when you pull down their website. I’m also hearing that if you have a strong contract, it will make your situation easier to prove in court. I’m also hearing that many of us are willing to pull down the website rather than to spend the time and money to go through the legal system while the client profits from our work. So far, I don’t see too many comments where it goes all the way to court. So far, I don’t see any comments about anyone having to pay a client for lost of service after pulling down a website. Perhaps there is another spin to this situation. Since the client is generating income from your work….. shouldn’t you be able to claim a part of their income…if you go to court? After all…they are profiting from work they did not pay for. Please keep the comments coming.

[Dubbya]

For what it's worth, your client has already paid a portion of what they owe, thus confirming and acknowledging the debt.

They've given you the upper hand, so go right ahead and file a claim in small claims court. Your client will find themselves in a very poor position.

Clearly you can establish that your client asked for the work, that you did it and that they were satisfied with it, so much so that paid for part of it.

Just be sure to include the interest on the amount owing, plus court costs when you declare a total.

You're not looking to make extra money off of this, just wanting what you're owed.

Good luck!

[destin-ation]

For what it's worth, your client has already paid a portion of what they owe, thus confirming and acknowledging the debt.

They've given you the upper hand, so go right ahead and file a claim in small claims court. Your client will find themselves in a very poor position.

Clearly you can establish that your client asked for the work, that you did it and that they were satisfied with it, so much so that paid for part of it.

Just be sure to include the interest on the amount owing, plus court costs when you declare a total.

You're not looking to make extra money off of this, just wanting what you're owed.

Good luck!

Thank you. Since we are in the middle of talking to their attorney I don’t want to give too many details. The issue is not if the client owes us money, the issue is the client is claiming we caused her business harm when her website was off line for 18 hours (mostly due to her double crossing us when we went to pick up a check). If I told you some of the details about what this client is doing and claiming, it would blow your mind. Our mission is not to cause her harm, our mission is to get paid and to be left alone. At this point….we are willing to fight back.

[cg0404]

I unfortunately get this periodically, and the bottom line is this: Run your business like a business, you cannot be everybody's friend. If you don't have a contract with them, then you need to bill them stating what the result of non-payment will be. I would send that Certified Mail. Give them 15 days to respond and then disconnect. Every Utility company out there will disconnect your service for non-payment so I think you are justified in doing so. Can they get an attorney, sure, but will they, hard to say. I would consult with an attorney first before you do anything, and have him send them a letter at minimum. Make sure you have all your legal ducks in a row just in case.

In the future I would make sure you have a contract, you can find templates online, edit it to include non-payment terms and things to reflect your business etc and have an attorney bless it. Even with an agreement though, people will still try to stick you, you really have to spell everything out in your agreement, project scope, your responsibilities, client responsibilities, what happens if things are late on both sides, completion time-lines etc.

When clients burn you a couple of times you will tighten things down more out of necessity. Good luck!

[dangdatkat]

This is a great thread.

[morestar]

I have to admit, a few years ago I felt an exhilarating experience taking down a client's website for non-payment.

My graphic designer at the time and I worked pretty hard and nice on the project for very very cheap. The client approved the layout, pictures and text and told me to go live with it. So I did.

After about a day, the client's friends/colleagues decided THEY didn't like the site so much and expressed their opinions on the matter to the client who in turn wanted massive changes to the site and basically a new template. They were supposed to meet with me the second day after launch to pay me but decided they weren't going to. I guess they didn't know I could pull the plug.

So after our disagreeing discussion on the matter of approval and so forth, I logged into my hosting manager account and flicked the switch. The calls came in and I was hugely amused. They threatened legal action but it went no where and they ended up paying the next day.

They didn't sign a contract as at that time I didn't see the necessity of one but I suppose since there wasn't one in place, we'd both 'lose' in court or maybe they just would as there was really no proof contractually that we did any work for them.

The question that would be raised would be, how the hell did this guy (me) have the ability to take down their website - well obviously because I hosted it.

Either way that was an interesting few days.

I now also make sure my clients sign a contract.

[morestar]

Thank you. Since we are in the middle of talking to their attorney I don’t want to give too many details.

I wouldn't even waste a moment of my precious time talking to their attorney. The less you speak to the attorney the more you are conveying to them that you know you're right.

The more they know you're right the more inclined they should be to pay if they really want their website back up!

[morestar]

I also explain that there can be (*can* be) negative consequences of the search engines not finding their site when spidered.

Ya I can't see that little 'threat' not working...a site owner who knows little about SEO surely fears hearing those words =)

[tombstoneweb]

I too have had to deal with this type of situation. Good luck!! Most every time, once the website is gone, the check shows up.