Complaint Review: Ben Donley Of Intriguedesign.us - BD Productions - The Judgementalist

Im not even sure who this individual is, but again .... I have contracts and policies for a reason, and as a professional web developer - working remotely for clients all over the country - it is critical to have a contract and ensure everyone is on track. It would be completely foolish for me to do anything - for anyone - without a contract in place, and its amazing to see how many people decide to claim they never saw or signed the contract once they realize they are in breach.

The entirety of my contract is pasted below, minus the details of each individual client, and you can clearly see that a: it was written professionally and covers all the bases, and b: it clearly states the the deposit is non refundable. How any one can argue about getting a deposit back after signing this contract is beyond me, and when I enforce the agreement they go running to ripoffreport.com and cry scam.

Where is the scam?

Before any money is exchanged, the project is discussed, the terms are laid out, the contract is written, signed and faxed back to me - and "then" the 50% deposit is paid.

Is this not how business is supposed to be conducted? I know for a fact that there are plenty of companies in all different fields of work that do not refund deposits.

Is the hotel scamming you when you never show up for your room but they charge your credit card anyway? How about the photographer who scheduled your even and then the day before you change your mind and cancel?

Or in my case ... the web developer who spends hours on designs and layouts, development and programming of websites - only to be told .... oops ... I changed my mind ... something came up and I need that money for somehting else.

The deposit is mine to keep for the work I did - regardless of any issues you have going on. And yes ... EVERY client signs the contract. Its posted below, and if you can see anywhere in there where it says the client gets the deposit back ... please show me and I will gladly refund the deposit.

This AGREEMENT is dated and in effect as of between of , hereafter referred to as "Client" and Benjamin Donley of BD Production, hereafter referred to as "Consultant". This agreement is with respect to the , hereinafter referred to as the "Work." Whereas, Consultant is a professional web designer of good standing; Whereas, Client wishes Consultant to create certain Work described more fully herein; and Whereas, Consultant wishes to create such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
CONFIDENTIALITY:
The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
DESCRIPTION OF WORK:
See Statement of Work, attached below.
PAYMENT SCHEDULE:
The full length of this contract is as follows:
Starting date is and *estimated completion* date is for the total amount of for the design and development and additionally per year for hosting, ongoing updates and site maintenance.
Client shall pay Consultant , as a deposit for project commencement, which is broken down as 50% of the design and development fees and the full hosting and update payment upfront in order to secure the host and server to build the application functionality on. This payment is non refundable after 3 days of receipt and work begins.
The balance of is due upon satisfactory completion of the final project, or the completion date listed above if the delay is client related and prior to file relinquishment, or full server access rights.
DUE DATES:
Consultant agrees to deliver samples of design within one week of the starting date. Consultant will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.
FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes over and above the original statement of work will be charged at $57.00 per hour. Any work the Client wishes Consultant to create, which is not specified in the Statement of Work section of this agreement will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
ASSIGNMENT OF WORK:
Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.
PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless Consultant against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either expresses or implied, on behalf of the other.
This Agreement shall be governed by and construed in accordance with the laws of Wisconsin applicable therein.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.