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Web Development/Project Management Refund for Downpayment

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drew.martin


Arresto Menor
may nagpagawa ng website sa kaibigan ko, meron phase ang bawat feature ng website. ngayon after 15 days ng backout si client kasi daw hindi kamuka ng pinapagawa nya ang ginawa ng barkada ko considering phase 1 is 7 weeks with provision for extension. my friend is still wondering why after asking for a copy of the contract e biglang ngpullout si client.

its obvious na hindi naiintindihan ni client yung development process wherein you create the backend then yung theming is pwede sa huli ginagawa at sinadya nyang ihuli iapply yung design layout logo because meron NDA at contract na wala pa xang copy. he insited na bigyan muna xa copy ng contracts saka nya gagawin ung theming part or saka na umpisahan yung project dahil sa copyright infridgement at intellectual property law(client said his project has copyright, logo content etc).

naging cautions lang friend ko kasi the client insisted for their ideas to be just between them. my friend reach out for other developers dahil malaki ang project at impossible na iisang tao lang gumawa given the time frame. but certainly wala ni isang idea concept or feature ng website ni client ang nadivulge sa mga developer. kinailangan lang nya ng suggestion for server setup. database design, security measures etc. he already paid commission bought a hard drive kumuha ng internet, at nagbigay na xa ng consultancy service sa client etc etc.

hindi pa binigyan ng copy ng contract ang friend ko kasi pinapa notaryo pa daw nila. now the client wants a full refund after my friend insisted to have a copy of the contract before starting the design or before applying the clients DESIGN/IDEAS. client insist na wala pang nagawa kasi iba itsura and with web development it doesnt work that way. unfair din kung magbigay ng full refund friend ko kasi gumasta na din xa at dahil na din sa pride nya na parang incompetent siya kaya pinupull out ang contract.

now can he not give a refund? what are laws concerning downpayment? meron kami kasama nung ngpiramhan ng kontrata which is his secretary/girlfriend.

unfair ba sa friend ko kung ibabalik nya ang downpayment? kung kakasuhan ba xa meron xang chance manalo? client said they will honor my friends expenses kung meron resibo. this is a freelance job my friend doesnt issue receipt dahil hindi naman ganun kalaki ang bayad sa project.

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LandOwner12


Reclusion Perpetua
i suggest they meet halfway.
it is true that clients sometimes doesn't understand what they want..
but if they already signed the contract, and the specs of the project doesn't fall into places, then the client can back-out..
but since the dev't already incured expenses, then it should be paid by client,
and asking receipts is legal.
and yes, since free-lance, u have none,,
so meet halfway,,
parehas lang matatalo, pag dinala sa court...

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drew.martin


Arresto Menor
thanks LandOwner12, yes my friend is willing to meet halfway but hes too proud to accept the clients reason for cancelling. its just 15 days since contract signing and client already decided that hes incompetent. if client insist that my friend is incompetent hes willing to pursue the case. coz this can backfire on his portfolio. fyi client is local.

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LandOwner12


Reclusion Perpetua
its the client prerogative,
its up to ur friend,,, better not file charges,,

talo pareho.

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drew.martin


Arresto Menor
that's what he told his client.

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Lunkan


Reclusion Perpetua
Well. It's common that clients don't understand, that's why they pay others to do it Smile

But why did he buy a harddrive with Internet??
Is the client's business suppoused to be that SMALL? Otherwice it's a bad idea to host the business at own harddrive, better host it a web hotel, which has resources to keep ot function (almost) allways. There are such which don't cost much.

Not odd if the client want to see reciept when you friend claim he have had costs. I would want to see that too, if I would be in that situation Smile and the claimed costs are higher than I expected.

"my friend is willing to meet halfway but hes too proud to accept the clients reason"
"Lose face" situations make it EXTRA complicated to do business in the Philippines Smile
In puti countries - depending of temperament - most don't bother, while some shout at each other before they find an agreement somehow Very Happy ( In my birth country it's rather uncommon with court cases concerning BUSINESS, but common concerning crime and social disagreements.)

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drew.martin


Arresto Menor
Hi lunkan

Hard Drive for data which will be used to transfer code demo etc internet because he will setup his own server which client can access wherever he is. Client doesnt want their so called brilliant idea design and features to be open on a shared hosting. He doesnt want to outsource hosting. So option is to setup and maintain their own server.

Thank you for your advice .

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Lunkan


Reclusion Perpetua
(EXCEPT IF they will start a BIG company so they can have people there all the time, who can get the server functioning again at problems OR if they will make it SMALL not bothering if it don't functions, which it don't seem think think Smile
the client don't seem to know what they are talking about... Smile

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