Hi - I am web designer/developer who has a Client requesting half of the their deposit be refunded. I collect a 50% deposit upfront to start the project and the remaining balance is due once the site is live. I began working with this Client on Nov. 19, 2013 and he decided to cancel the project on Jan. 10, 2014. I provided him 4 unique designs with 4 different variations of those designs. He decided to cancel because he felt that I was incompetent since I could not understand what he was looking for in a design - although he refused to provide me with any specifics on how the last design failed to meet his requirements. I sent him an email detailing all of the items he desired within the design and how the last design met that goal - and if it didn't could he please elaborate. Instead he wrote back saying that my email was contradictory and the he wants half of the initial deposit refunded. I explained to him that I do not think I can honor this considering I have already invested into development, custom coding for his database, the 8 designs, professional copyright content, a virtual tour, and keyword research for his Internet Marketing campaign. I offered to continue to provide additional designs to meet his needs, but he was just being so unreasonable and would not provide any specific whatsoever.
I advised him that these items were taking place concurrently and that we were just waiting for a design approval so that we can "skin" the actual platform of the website. In addition, the time I have invested into the project, as well. I stated to him that at this point of the project it is neither one of our best interests to walk away given we are more than 50% complete. His final response was basically screaming at me in an email using like 42pt font stating that no further communication is required other than to mail him the requested refund. I do not have anything in my contract that states that a deposit is refundable or non-refundable - just that a 50% deposit is required to begin the project. After reviewing my expenses with this project - I truly cannot honor his request because then I am taking a loss. He sent me an email today that if I do not honor his request by January 29, 2013 - he will pursue legal action for the entire deposit. Do I have any protections and/or rights in this situation? Any and all advice is very much appreciated! Thanks in advance!
I advised him that these items were taking place concurrently and that we were just waiting for a design approval so that we can "skin" the actual platform of the website. In addition, the time I have invested into the project, as well. I stated to him that at this point of the project it is neither one of our best interests to walk away given we are more than 50% complete. His final response was basically screaming at me in an email using like 42pt font stating that no further communication is required other than to mail him the requested refund. I do not have anything in my contract that states that a deposit is refundable or non-refundable - just that a 50% deposit is required to begin the project. After reviewing my expenses with this project - I truly cannot honor his request because then I am taking a loss. He sent me an email today that if I do not honor his request by January 29, 2013 - he will pursue legal action for the entire deposit. Do I have any protections and/or rights in this situation? Any and all advice is very much appreciated! Thanks in advance!
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