I have a case with a customer who engaged my service to do some statistics analysis.
At the beginning I promised that my side can do it.
However when I have done up to 75% progress, I got stuck and unable to continue any further.
Client has also paid up to 75%.
The previous parts done are still usable.
Now before the deal was formed, I sent client with a T&C file, with the below as part of the content:
Clause 4 stated: Hence refunds are not guaranteed, may not be in full, and it comes at the final discretion of the Company.
Followed by:
Upon payment being made, all the above T&Cs shall be effective.
Client now wants full refund, and not willing to compromise to deduct even some compensations for my hard work.
I reverted to suggest that since the previous parts are still usable, let me refund him 75%. But he claimed that I have promised at the beginning that my side can do it, and since now I am not able to, I have wasted his time and made him pay extension fees to his university, and would only accept full refund.
Now client is seeking legal advise, and I am forced to do the same too.
Kindly let me know whether in my case, would my clause of "comes at the final discretion of the Company" protect me of my decision above? And how will be the winning chance that I have?
Thank you
At the beginning I promised that my side can do it.
However when I have done up to 75% progress, I got stuck and unable to continue any further.
Client has also paid up to 75%.
The previous parts done are still usable.
Now before the deal was formed, I sent client with a T&C file, with the below as part of the content:
Clause 4 stated: Hence refunds are not guaranteed, may not be in full, and it comes at the final discretion of the Company.
Followed by:
Upon payment being made, all the above T&Cs shall be effective.
Client now wants full refund, and not willing to compromise to deduct even some compensations for my hard work.
I reverted to suggest that since the previous parts are still usable, let me refund him 75%. But he claimed that I have promised at the beginning that my side can do it, and since now I am not able to, I have wasted his time and made him pay extension fees to his university, and would only accept full refund.
Now client is seeking legal advise, and I am forced to do the same too.
Kindly let me know whether in my case, would my clause of "comes at the final discretion of the Company" protect me of my decision above? And how will be the winning chance that I have?
Thank you
