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#61 of 65 Old 04-08-2007, 07:30 PM
 
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Originally Posted by art4babies View Post
This makes good common sense. However, when the work done is not good work (because they are sort of learning as they go), does it deserve the hourly rate this person usually charges for work they are used to doing? I think this is just a good general question - doesn't necessarily need to be referring to any particular case.
Well, if they admit to doing less than their normal quality work on your site because they were learning then they shouldn't charge you full price and they shouldn't charge you for extra time while they learned. However if it's more of "not what you expected" or even "not as good as you expected" then you may have to just chalk it up to learning experience. Maybe next time spend some extra time checking more references, and see more examples of the same work done for someone else.

It's so hard with a service rather than a product. If you buy a product and it's not as good as you expected you can usually return it. But a designer can't just take back their work/time, which IS their product. Just like if you get a custom diaper made and it didn't turn out to be as good as you expected you usually can't return it.

I think for your particular situation, you might want to take the approach with them (or their attorney) that the work was really sub-standard for x, y, and z reasons (maybe get 2nd opinions from other professionals) and you would like for them to consider a partial refund. I just think that demanding a full refund and saying you were totally ripped off isn't quite fair or correct and will not get a favorable response. They can probably easily "legally" prove that they spent $150 worth of time on the site, and since you agreed for them to do the work, then "legally" they should be paid for it...that's in the black and white legal world of course.
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#62 of 65 Old 04-09-2007, 12:16 AM
 
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I would agree with you, again sparklemama and your sensible responses make me want to do business with you!!! But the op has stated that the designer will not return e-mails or calls and has cut off communication. The was no way to negotiate any kind of refund or even a repair of the faulty work. The monetary loss of having her site inoperable was too much to risk and she couldn't wait any longer- she had to contact someone else to fix it. : The designer clearly behaved in an inequitable manner and has retained an attorney as an intimidation tactic. The op didn't have any hope of getting satisfaction from her without taking legal action, after that point. I think a report to the BBB is in order and anywhere else that the op can post feedback. The references supplied by the designer in the beginning could have been supplied by her friends and associates- they obviously didn't help the OP when she checked them before hiring the designer in the first place.
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#63 of 65 Old 04-09-2007, 06:43 PM
 
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That's why I said "or their attorney" since they have cut off communication.

I'm not convinced that the designer retained an attorney as an intimidation tactic though. OP said the designer stopped communicating about it after 45 days. It's not like they "took the money and ran". During that time they could have been trying to resolve it (or just making excuses, who knows).

But I have to say, though, that if I were in a situation where I was in disagreement with a client about work that was done or supposed to be done on a project and for how much, and I felt I truly, honestly did the work and was completely confident that I did not rip off my client, AND I gave them my explanation and stated my policies, etc. then at some point I would have to cut off direct communication with the client and refer them to an attorney (assuming the project is no longer being worked on, and assuming there's no reasonable compromise). Because there's only so many times I could state and re-state what I believe to be true about the situation and the agreement, and if the client did not want to accept it then repeated back and forth emails about it would take up a lot of time I could be spending on other projects that support my family, kwim? I have never had to do that, though, and hope I never ever have to!

I'm also not against her reporting to BBBOnline or anywhere else, as long as it's an honest and fair review. If no work was done and they did just take her money and not do any work then she indeed was "totally ripped off" and should get all of her money back. But even with the limited information given, I am not sure that's the case here. Not that she doesn't deserve any money back, though. I was just trying to explain since I'm also a designer what *may* be happening on the other side of the story.

Edited to add: One quick note about the references...I have actually never ever had someone ask me for references directly. So you're exactly right, references could be their friends/family who will say whatever! I guess I meant more along the lines of checking with people they've worked with before, like looking at their portfolio and contacting previous clients and stuff like that.
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#64 of 65 Old 04-09-2007, 10:14 PM - Thread Starter
 
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I just want to be clear that she said she wasn't going to speak with me directly because I "hired someone else to do the job" yet I did not hire anyone else, nor did she discuss this with me. This is apparently where the buck stopped... But,m I wasn't about to clarify this as she had already asked me to refer to her attny.

I totally agree that I maybe should not have given this thread that title - semantics? I wanted to change it but couldn't. After all, they *did* do work - just none of it was usable or what I clearly (emphatically) requested. It was a misunderstanding , perhaps, yes. So although I may not have been literally "totally ripped off," I felt violated all the same.
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#65 of 65 Old 04-23-2007, 08:28 AM
 
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This thread has been edited and returned to the WAHM Well.

As stated previously in this thread, the WAHM Well is NOT a place for Business Reviews. Once a member meets the requirements set forth here, they can post reviews in the Biz Opps and Services Reviews subforum of the WAHM Well ONLY.

Please note that MDC Guidelines:

Quote:
Do not post in a disrespectful, defamatory, adversarial, baiting, harassing, offensive, insultingly sarcastic or otherwise improper manner, toward a member or other individual, including casting of suspicion upon a person, invasion of privacy, humiliation, demeaning criticism, name-calling, personal attack, or in any way which violates the law.
or
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Do not post to a thread to take direct issue with a member. If you feel a member has posted or behaved inappropriately in a discussion, communicate directly with the member, moderator or administrator privately and refrain from potentially defaming discussion in a thread.
This thread is a discussion of what to do when services purchased are not rendered as desired by the customer. Please remember there are always at least two sides to any discussion and the point of this thread is to assist the OP with how to respond in her situation.

This thread has been returned to the WAHM Well with a warning. If it cannot progress within the boundaries of the above guidelines, serving as a resource to other WAHMs who feel they have the same issue, then it will be edited and locked with its current content intact.
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