What is the name of your state (only U.S. law)? IL
Happy New Year! I am a web designer in IL. I have a contract with a client for web design services for the total amount of $1600. I normally charge 50% of total project fee upfront before any work begins. The client was leery about paying 50% upfront so she requested the following payment terms:
First payment: 20%, or $320, upfront
Second payment: 30%, or $480, for mockup
Third payment: 50%. or $800, at completion
The client paid the $320, approved the proposal, and signed the contract, thus work began. We set a deadline for mockup submission to be on December 20, 2012. On December 18, 2012 I emailed her the completed mockups for her review. She requested updates which were completed and she approved on December 26, 2012 and asked that I begin coding the website.
Per the contract payment terms, she was to submit the second payment of $480 once she received and approved the mockups and before coding on the site was to begin. The client then refused to make the payment stating "I can’t pay for a site at 50% completion without having something online. That means I would essentially have paid $800 for pictures. That is not going to work."
Client already new what a mockup was (a visual representation of her website in .jpeg or .png form) as this was outlined in the proposal that she approved. I also explained the definition of a mockup in various telephone conversations prior to beginning.
Not only is she refusing to pay the $480 for the mockups, she requested a charge back from her credit card (she paid through PayPal) and there is a hold on my account for the upfront fee that she paid.
I don't know what to do at this point. Should I sue her for the total project amount of $1600 plus court costs in small claims court?
I have email proof of her approving the mockups and the proposal, as well as a signed contract detailing the payment terms, is this enough info to win my case? Would I need anything else?
Thank you for your time!
Happy New Year! I am a web designer in IL. I have a contract with a client for web design services for the total amount of $1600. I normally charge 50% of total project fee upfront before any work begins. The client was leery about paying 50% upfront so she requested the following payment terms:
First payment: 20%, or $320, upfront
Second payment: 30%, or $480, for mockup
Third payment: 50%. or $800, at completion
The client paid the $320, approved the proposal, and signed the contract, thus work began. We set a deadline for mockup submission to be on December 20, 2012. On December 18, 2012 I emailed her the completed mockups for her review. She requested updates which were completed and she approved on December 26, 2012 and asked that I begin coding the website.
Per the contract payment terms, she was to submit the second payment of $480 once she received and approved the mockups and before coding on the site was to begin. The client then refused to make the payment stating "I can’t pay for a site at 50% completion without having something online. That means I would essentially have paid $800 for pictures. That is not going to work."
Client already new what a mockup was (a visual representation of her website in .jpeg or .png form) as this was outlined in the proposal that she approved. I also explained the definition of a mockup in various telephone conversations prior to beginning.
Not only is she refusing to pay the $480 for the mockups, she requested a charge back from her credit card (she paid through PayPal) and there is a hold on my account for the upfront fee that she paid.
I don't know what to do at this point. Should I sue her for the total project amount of $1600 plus court costs in small claims court?
I have email proof of her approving the mockups and the proposal, as well as a signed contract detailing the payment terms, is this enough info to win my case? Would I need anything else?
Thank you for your time!
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