What is the name of your state? Texas
I recently agreed to pay $400 for a guy (we'll name him TOM) to design 2 logo concepts for me. Tom requested I pay up front a non-refundable $300 as a deposit to get started. This was on 1/24. During the next few weeks, communication began to drop off and he would not answer my emails. However, TOM hastily sent me 2 concepts during this time that looked very similar to one another and I asked him whether #2 was the same as #1 since neither emails had any description about the concepts (the files were attached). During this time, TOM may have gotten teed off because he seems to be a big time logo designer but didn't like my question, maybe it dented his pride a bit.
2/1 was the day TOM sent the above concepts. From this point on, communication dropped off completely until I finally emailed him asking for a clarification on the status of this project since I have not heard anything from him. All I was asking for was clarification on where we are with the project. On 2/10 I sent him another email saying that I was going to file a dispute with PAYPAL and demand a refund since I was not getting any feedback from TOM. Interestingly, TOM decides to finally email me and man was he upset. He threatened the following: "the 75% up front is non-refundable" followed by, "if needed, I can have my retainer lawyer send you copies of the general working agreement by email..". I am not sure what he means by "working agreement", unless he means the non-refundable deposit notice.
Furthermore, TOM goes on to say, "it is not my responsibility with delays if my client does not communicate". Finally, Tom says, "If you continue with your threats of filing a claim in paypal I can and will have me legal team contact you in the morning to start the counter lien and counter suit on all of the materials and time I have involved in this project as well as any future threats made."
Wow, did that come out of left field or what? Anyways, I kept my cool and just simply replied to his email, ignoring his legal threats, and asked him to clarify why he was saying I was not communicating with him---to the contrary! I forwarded him my original emails proving otherwise...also, I asked him to forward me emails that he originally sent...of course, he failed to do so, however, he did say that he would work on one more concept.
That was the last email from him. It was dated 2/10. From then on, he seemed to have fallen off the face of the earth and I've even called him on his home phone twice after sending many more emails asking for a status on this project.
This morning, I sent him a final email (i know he's reading them...and I see him sign online on AOL...) telling him that he needs to just send me the files for logo concept #1 and we can be done with this, but if he doesn't, then I told him that I will file a Paypal dispute tonight demanding a full refund since I never received any of the items I originally paid for, whether I liked them or not.
Can anyone tell me if I could be held liable for anything here? I don't think so, but I want to be sure before I do the Paypal refund route. Thanks for any information!
I recently agreed to pay $400 for a guy (we'll name him TOM) to design 2 logo concepts for me. Tom requested I pay up front a non-refundable $300 as a deposit to get started. This was on 1/24. During the next few weeks, communication began to drop off and he would not answer my emails. However, TOM hastily sent me 2 concepts during this time that looked very similar to one another and I asked him whether #2 was the same as #1 since neither emails had any description about the concepts (the files were attached). During this time, TOM may have gotten teed off because he seems to be a big time logo designer but didn't like my question, maybe it dented his pride a bit.
2/1 was the day TOM sent the above concepts. From this point on, communication dropped off completely until I finally emailed him asking for a clarification on the status of this project since I have not heard anything from him. All I was asking for was clarification on where we are with the project. On 2/10 I sent him another email saying that I was going to file a dispute with PAYPAL and demand a refund since I was not getting any feedback from TOM. Interestingly, TOM decides to finally email me and man was he upset. He threatened the following: "the 75% up front is non-refundable" followed by, "if needed, I can have my retainer lawyer send you copies of the general working agreement by email..". I am not sure what he means by "working agreement", unless he means the non-refundable deposit notice.
Furthermore, TOM goes on to say, "it is not my responsibility with delays if my client does not communicate". Finally, Tom says, "If you continue with your threats of filing a claim in paypal I can and will have me legal team contact you in the morning to start the counter lien and counter suit on all of the materials and time I have involved in this project as well as any future threats made."
Wow, did that come out of left field or what? Anyways, I kept my cool and just simply replied to his email, ignoring his legal threats, and asked him to clarify why he was saying I was not communicating with him---to the contrary! I forwarded him my original emails proving otherwise...also, I asked him to forward me emails that he originally sent...of course, he failed to do so, however, he did say that he would work on one more concept.
That was the last email from him. It was dated 2/10. From then on, he seemed to have fallen off the face of the earth and I've even called him on his home phone twice after sending many more emails asking for a status on this project.
This morning, I sent him a final email (i know he's reading them...and I see him sign online on AOL...) telling him that he needs to just send me the files for logo concept #1 and we can be done with this, but if he doesn't, then I told him that I will file a Paypal dispute tonight demanding a full refund since I never received any of the items I originally paid for, whether I liked them or not.
Can anyone tell me if I could be held liable for anything here? I don't think so, but I want to be sure before I do the Paypal refund route. Thanks for any information!
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