Do we have a contract?

[cellis9494]

Here is a timeline of the final offers, counteroffers, at the end of our correspondence:

1. The company offers $25/hour: "[Company] is prepared to pay for services rendered at the rate of $25/hr ".
2. In my next email the only thing I wrote in regards to an offer was "Please send full payment for the invoice INV0002 enclosed in my last email"
3. They replied (in context of the offer): "I believe my proposal is reasonable and I strongly suggest you accept. "
4. I replied to that email with "Please send payment for your offer of 50.5 hours at $25 an hour net $1262.50 to cover services rendered thus far using one of the payment options in my previous emails."

 

[justalayman]

So are they disputing something or just not paying?

 

[PayrollHRGuy]

But what were the conversations about the service you would provide and how you would be paid before that timeline?

 

[cellis9494]

So are they disputing something or just not paying?

I'm not sure which category their response fits, here is what makes me lean towards they are not paying, and why I am trying to bring this to mediation/court:

1. After the previous emails cited they failed to meet my deadline and reply to my emails, and I sent them this: "Here is where we stand:
   You made an offer in your emails for $25 an hour for services rendered thus far and I accepted that offer. That is a legally binding contract, in writing. I strongly suggest you pay me the offered rate of $1262.50 within 48 hours or I will see you in court. That is the end of this."
2. To which they replied: "OK, have it your way. It ends now. "

My interpretation of this is they are refusing to negotiate further or settle the debt.

 

[cellis9494]

But what were the conversations about the service you would provide and how you would be paid before that timeline?

All verbal, so useless in court. But we had agreed that I would invoice them per hour for services performed. In heind site, I should have invoiced more often, and discussed clear terms at the start of the work.

 

[justalayman]

Well, i suspect you are well beyond the point of simply saying

I think there is a misunderstanding here. It’s obvious you and I agree I’m owed something. You have even statedmowe me more than I believe I’m entitled to (their statement of $1300 compared to your claim of $1262.50) Due to that I don’t understand your responses. To reach an understanding, would you provide me with what you belive is due me and how you arrived to that amount.

Or in lieu of that just send a check for the $1300 you stated you owed and I’ll just forget about any differences in the amount I had calculated.


Given their responses, i suspect your only recourse now is to take your best shot in court.

 

[gryndor]

Are you able to roll back your changes or remove your work from their website/whatever? I don't know if that's a legal remedy, but maybe something to consider...

 

[PayrollHRGuy]

Are you able to roll back your changes or remove your work from their website/whatever? I don't know if that's a legal remedy, but maybe something to consider...

That may well be advice that could lead to a number of "hacker" related charges.

 

[quincy]

Are you able to roll back your changes or remove your work from their website/whatever? I don't know if that's a legal remedy, but maybe something to consider...

I would avoid doing that.

 

[gryndor]

That may well be advice that could lead to a number of "hacker" related charges.

Poo, well that's not going to help then :/

 

[Just Blue]

, well that's not going to help then :/

Fixed that for ya...

 

[Just Blue]

Did you find a soultion?

Did you read the thread?