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Website Payment Issues - Texas

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Charlcie

Junior Member
I am a Web Designer here in Texas, formerly operating in Oregon. Last year, I was engaged by a Seafood School in Oregon to build a new website. This I did, giving many extras at no additional cost. When I relocated to Texas last December I continued to do work for this school at their request. They opted not to sign up for a maintenance plan. In this situation, I charge an hourly rate of $20/hr (which is very reasonable and far below average charges by other web maintenance companies). I was asked to do a number of updates, changes, etc from March '09 to September '09. I had submitted an invoice to this school in August. Instead of paying the bill, they sent me more work to do on their website. I resubmitted the bill with the added charges - a total of $395.00.

I was told by the school's office manager that I would receive the payment the week of October 5. To this date I have not received payment. The school's director indicated she mailed the check on October 26, but not after she acused me of over-charging and harassing her by inquiring as to the status of her payment.

Yesterday, November 9, after repeated attempts at communication with her, she told me she would mail me a new check, but would deduct the cost of stopping payment on the former check and extra postage to mail out a new check. But first, I was to restore the login information to access their site. I never changed their login. It is the same login I have used for over a year. I had a separate login from the staff of the school and I did not have the capability to change anyone else's login. All they have to do is contact their web host if they are having login difficulties and I told them this. In response, I was told I would not receive payment unless I restored their login.

In frustration, but in accordance with my terms and conditions, I removed their web pages. It states clearly in my terms and conditions that I reserve the right to remove web pages for non-payment.

I am frustrated because all I am asking is that they pay their bill. They are threatening to bring their attorney into this. I am at a loss. I will say that it also states in my terms and conditions that regardless of the location of the client's business, venture, or organization, the client agrees that for purposes of venue, agreements for service are entered into in Wichita County, Texas, and any dispute will be litigated or arbitrated in Wichita County, Texas.

So what is next? I can't believe it has come to this point.
 


Hot Topic

Senior Member
As you probably realize by now, your first mistake was to do additional work for them after they failed to pay the August invoice.

Your next move has to be to hire an attorney to protect yourself because it's clear by now that the company doesn't intend to pay you. The first thing he or she will want to do, of course, is review the written, signed contract you have with the company. Then he or she will review the copies of your communications with the office manager, including the one about the log-in.

Hopefully, some other web designers will post their input.
 

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