Solved

[pixed]

Solved

Edited by pixed, 12 January 2023 - 04:42 PM.

[NickWebDev]

Greetings!

Also for some more context before I start with him:
 

This client has done projects with us in past successfully:
 

accounthub.io (Sold this project to owner of Nulled for 10k+ as he claims and site was made for probably 2-3K)
 

coinchange.to (Again sold for 10K or so and site was made for approx 2K)

coincard.to (no clue how much he sold it for, but again a profitable business by us)

 

and now he is crying about this when I still refunded him the whole 3K which he invested with us




 

First of all yes it was completely our fault for taking such a pointless project, so I wasted my time, money, resources and STILL FULLY REFUNDED him.
 

As a friend we recommend clients to each other, I have recommended ECHO for the design services as he is good and PIXED went with him as he had successfully done MORE THAN 3 PROJECTS TOGETHER WITH THIS DESIGNER. Both the services are entirely separate and I had not forced him at any moment to go particularly for him. THE DESIGN SERVICE WAS COMPLETELY DONE AND GIVEN TO HIM AND HE PAID THE WHOLE SUM. Now as a risk of starting a business, that aspect has gone to waste similar to server costs. why will I be paying for that ?

 

The entire service agreement of both the services are separate and has no relation to each other. Let me know if I need to attach the service agreement ToS over here. 

Edited by NickWebDev, 14 November 2022 - 05:34 PM.

[pixed]

First of all yes it was completely our fault for taking such a pointless project, so I wasted my time, money, resources and STILL FULLY REFUNDED him.

Yes, you wasted everything and thats your fault, and its obvious you have to refund, you saying "STILL FULLY REFUNDED HIM" like you are doing a favour.

 

 

Now as a risk of starting a business, that aspect has gone to waste similar to server costs. why will I be paying for that ?

https://ibb.co/thhm2r1 A day before the contract was signed, sounded confident... Yes server costs are on me anyway, but design was needed for the project and your devs so as per your asking i got the design and handed to you, now what is the point of me just having it? without a function application/ no delivery

 

Lucas is aware of almost everything, there seems no use to rant more about it, if an admin has any question i will reply here.

thank you

 

Bringing my old websites into this is not related? You made it I grew it, how is it related to this? it doesnt grow automatically

Edited by pixed, 15 November 2022 - 04:57 PM.

[NickWebDev]

I have zero obligation to pay for design costs as it is independent of my dev services. Along with that it was fully completed and paid for separately, not to me either.

[pixed]

On to Lucas-to decide

[Lucas]

@NickWebDev

After a long discussion with the staff team it was determined that you are partially at fault here.
Not just in regards to your service (that was refunded) but also in regards to your general responsibility as seller.

You were able to, before making him buy resources such as the design, test the functionality and everything he needed for the project that had no connection to the actual design. The design itself was NOT needed for you to make sure you had the knowledge and ability to complete the job.

You could have tested the functionality and only once it was guaranteed that you would be able to do it, send him to get the design.

This scenario is the same as you being a constructor, being hired to make a house, making your customer hire painters and buy paint upfront, and then saying you can’t build the house at all. The painters were paid, and paint was paid for, which was completely unnecessary at that point.


What we also considered is that you recommended no random for the job, but your partner. This means that your partner directly benefited from a project that was not possible from your side as developer.

With this logic you could take on 100 projects that you know you can’t do, send people over to your partner for designs, and then remove your responsibility by “cancelling the deal and refunding” when the customer has paid for the design.


And as for @pixed we also considered that he knew the design investment, was an investment for the project itself. One which he could choose to use when he gets the project done by a different developer. So considering he has the design and it can be used for this project even if you could not do it, it is not a total loss for him (at least not in potential)


We have decided we can give you 2 options:

1) 50% of the design costs should be covered by both of you, @pixed should receive 50% of what he paid for it.

2) you can “buy” the design off of pixed and cover 100% of the cost, but also take possession of the design and use it yourself for future projects.

[NickWebDev]

I have in no way possible asked him to get a custom design, I am attaching the screenshot of ASKING him if he wants it custom or not:

 

Also for context, this client has done 4 more projects with us as mentioned before and was fully aware the project could be completed without custom design.

CoinChange: He did that project without custom design and later got the design done, entirely at his own will.

 

I have recommended ECHO for designs as he had successfully done 4 more jobs for this client, I have not ONCE asked him that the project is not possible without custom design. You can see the above mentioned screenshot I even asked him if he wants custom design WITH A QUESTION MARK to make sure I am not forcing him to buy custom design. I had also mentioned uncertainty for project in chat as well. It was entirely his risk to take for the design.

[pixed]

 

I had also mentioned uncertainty for project in chat as well. It was entirely his risk to take for the design.

You had not mentioned uncertainty for the project, infact you said this:

And so i did buy the design...

 

and if i had bought custom design after the project was done, you would again charge me, and for coinchange, it was done 3 months after the completion and you charged me again as well...

[NickWebDev]

Yes I said we will do our best, and by WE i mean me and my dev team for DEVELOPMENT

 

You knew you could NOT buy design and just get dashboard from template like you did with coinchange, when I asked you, why did you say you NEED the custom design ? 

[NickWebDev]

Did I not mention UNCERTAINTY ?