1. Graham Metcalfe

    Web Development Director at ExpressMedia

    15 February 2009 23:18pm

    Graham Metcalfe

    After 6 months chasing payments for web development and updates I am beginning to think our only option is to begin to remove the work that should have been paid for i.e. updates, stock photos, coding etc that our lcient has requests but which they refuse to pay for.

    Is this a dangerous move or would we be within our rights under Intellectual Rights law?

    We have the clients requests, their aknowledgement of our invoices but no acvtion on payments.

    Any members with similar experience?

    NB: Client is based outside the UK

  2. Patricio Robles Staff

    Tech Reporter at Econsultancy

    16 February 2009 03:57am

    Patricio Robles

    Sorry to hear about your situation, Graham.

    I assume you're talking about a website? Do you host it? If so, I'd imagine that the client hasn't paid their hosting bill? If that's the case, they'd probably have no legitimate claim if you took their website down for non-payment of the hosting (at the very least).

    I'm not an attorney so I can't give you legal advice and while I've been involved in similar situations, I've not been involved with them in the UK.

    Going forward, however, I can tell you some ways that I've avoided having to deal with a single deadbeat client for years:

    • Sign an agreement. Not having one can create the biggest nightmares known to man.
    • Get milestone payments. I always ask for a deposit. 10-25% is usually reasonable depending on the type of project and total project value. And be sure to get payments at each major milestone along the way. This will alert you to payment problems early and before you've done all of the work.
    • Don't deliver or deploy until you're paid. All of the development agreements I sign dictate that I don't deploy until the client's final payment is in the bank. This is easy when dealing with code, harder when dealing with creative. Nonetheless, if you structure your agreement so that the client doesn't get the final, usable work product until after they've signed off on it and you've been paid, you won't find yourself in a situation where they have everything and you have nothing.
    • Don't assign intellectual property rights until you're paid in full. All of my agreements state clearly that all right and title to the intellectual property I produce is not assigned to the client until after the balance due is $0. In this way, if I ever found myself in a situtation where there was a non-payment issue, the client would not own the intellectual property that I created and I could take action based on those grounds.

    Hope this is of some use to you. Good luck!

  3. Charon Matthew Gold

    Web Manager at Stoneridge Electronics

    16 February 2009 13:46pm

    Charon Matthew

    Hi Graham

    Sorry to hear this, totally agree with Patricio, all good comments.  Experience from my previous agency life where we had the same situation:

    - Written warning in both email and letter form (signed for if possible) that we would remove the site within 7 days of date of letter unless payment in full was received

    - same again 3 days before the deadline, warning that deadline was 72 hours away.

    - same again on day of removal, stating why website had been removed. 

    The legal boys were clear that we had to make sure all letters were to be signed for then you have a record that they received the warnings but still didn't pay.

    We also had this written into every contract so it was pretty clear what would happen if etc etc. 

    Only had to do it once, and it worked - money arrived in the bank 24 hours before we were due to take the site down.  Legally it's a tough one but if you give plenty of warning you're in a better position than if you just remove it today.

    Good luck.

    Charon

  4. David Hamill Bronze

    Usability Specialist at Freelance

    05 March 2009 13:28pm

    David Hamill

    Pu this into their stylesheet

    html {display:none;}

    That should get their attention.

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