SproutStart, LLC http://www.sproutstarthost.com Total price for of the projects is $1500. $1000 for the first project, $500 for the second project. They still owe me $1000. They paid me $700 as a startup, and after one week I noticed that the own Irvine, California
Total price for of the projects is $1500. $1000 for the first project, $500 for the second project.
They still owe me $1000.
They paid me $700 as a startup, and after one week I noticed that the owner of SproutStart, Steven Silver, is not ready to run a web design company. He failed to give me an FTP address, a working domain name, phpMyAdmin access (I need that to make MySQL backups), MySQL passwords, a working control panel, a MySQL backup in case the database gets corrupted, a working backup of the entire site, a proper domain name, and a proper description of the project.
He is not familiar with terms such as phpMyAdmin, FTP username and password, MySQL database, HTML, XML, PHP, CSS, Javascript I knew this was going to be a headache, so I warned him that I dont want to take responsibility for his delays.
He took 5 days to give me a simple FTP username and password that actually works (after 5 failed attempts). The original domain had no MySQL access, so I couldnt install the website in the original domain. We ended up using a different server. Using another domain ads yet another delay to the project, but of course he was so confused I decided to install the website in the alternate domain.
After all the tools were given to me, I only had 2 workings days to build and entire website, and I was building it in another domain.
I called him on Friday, October 1st since I was very worried about the simplicity of the project. With only two pages, I knew there was something wrong. His exact words were you know what to do. On Monday, October 3th, at 2:00 AM, 3 hours before the project was due, he called me because he realized that the project was going to fail. He told me I have to program 23 pages instead of 2, but according to him the fact that I warned him about that makes no difference. He still wants to sue me instead of taking responsibility for his lack of management.
Since I felt bad for him, I sent him $200 back in good faith.
After I sent them $200 back in good faith, SproutStart wanted $300 more. Steven Silver was very racist and rude, and after one week of work, he wanted $500 back (out of the $700 that I was paid) without considering my time.
I've worked 25 hours in his projects and even though I sent him $200 back SproutStart threatened to press charges against me if I don't send him another $300. I told him that I can pay him $150 (50% of the $300 he wanted), as long as he signs a Relief of all Claims.
Again, even though I thought it was unfair, I was willing to give him another $150 if he agreed to sign a Relief of All Claims.
Instead of accepting the money that I was willing to give to him, he started staking me.
The next day he called me and apologized, and told me that he wanted my help. So I worked another 8 hours for free, and after I worked for free he called me with his lawyer, who started insulting me as well.
I have received at least 85 phone calls from him in the last two weeks, and he has threatened to destroy my reputation. His friends are now calling me to threat me as well.
If he keeps calling me then I am going to be forced to call the cops.
After I sent him $200 back, I thought he was going to appreciate my honesty. I am afraid this guy is a professional scammer who sues people if any of his websites are delayed or if he loses a client.
He never paid me the $1500 that we agreed. He paid me $700, I returned him $200, and now he wants $300 more.
His constant retaliatory phone calls, his racist insults, and his legal threats have forced me to denounce him.
I am already in conversations with an abuse/stalking counselor and a victim's advocate since the stress this situation has given me and my family has affected my health and my emotions immensely.
After Steven Silver started with his legal threads, Ive suffered a lot of gastrointestinal problems since the stress this situation is giving me is immense. If this ends in court I will need him to pay for all my medical bills and the emotional agony this situation has caused to me.
2 Updates & Rebuttals
Steve
United States of AmericaPaid Xavier Baez for website development and work was not completed...
#3REBUTTAL Owner of company
Mon, October 24, 2011
I would like to start by saying this report was filed under false pretenses by an individual who, in this report, claims his name is "Juan". His real name is Xavier Baez, and this can be confirmed in the signature line of the agreement he attached to this report, just the other day.
Im writing in response to Xavier Baez who also does business under other names, ie - his mothers name, Graciela Hidalgo, and sometimes even Juan as he states in this report. My company has been in operation since November 2009, and there have never been any such complaints for non-payment to employees or contractors. Xavier say's I'm not "ready to run a web design company," yet I've been doing it for years and have hundreds of happy clients. Note: I am the customer here, and Xavier failed to execute on our contract... When I threatened to post a Rip Off Report, he quickly posted one first in retaliation. Consumers beware!
I warn all potential customers of Xavier Baez to please do reference checks on him before hiring him. Unfortunately, given the urgency of our clients needs, I did not do proper due diligence on him. He was hired to custom coding a wordpress website for us. Instead he reverse engineered a template, and despite his claims of being late because of us not getting him proper logins, he wasn't even able to finish the website.
I will make this as quick as possible. Here is the signed contract between Xavier and our company (note: all pages initialed by both of us and notice he wouldn't provide this in his report on me)
The website Xavier was contracted to complete was 22 custom coded pages (as per Exhibit A in the signed contract above), he instead only created 2 pages (please note this was Xavier's final product which I obviously could not show to the client): Xavier's final website product (also note, he did not provide this in his report on me).
We immediately pulled him from this and a 2nd project... Needless to say, I had to pay twice as much to have my in house developers re-develop the site to spec: Final website handed to client
I gave my developers the same login information that Xavier had been given (although he claims he didn't have the proper FTP and MySQL login info), and I completed the final site on-time and the client was very happy.
The problem from day one was that Xavier used a template and did not custom code the site: As he admitted on Oct 3rd:
What I am doing is called reverse-engineering, you take a software, analyze how it works, and based on that, you go backwards, and change the code so it works according to your needs...
If we needed someone to copy preexisting code I could have done this project myself. He agreed in the contract to create a website exactly like the ones designed in Exhibit A of the contract with the Photoshop files we provided. Does his work look like the website in the contract?
Since filing this original report, Xavier has been harassing me to sign a release of liability (which he posted on here with his real name). I agreed that I would sign a release once he removed this report or cleared my company and my name by telling the truth OR refunded me as the contract required. Instead he just posted a release on here thinking that would make me happy... He's now saying I'm extorting him. Xavier sent me an email a few days ago (Oct. 22nd, 2011) stating:
"From what I see you want 100% of your money back.
As I told you before, that goes against my religious beliefs and my ethnic culture....
I told you my ethnic culture rejects extortion and that in my religion I cant allow you to steal from my family without defending myself.
I told you I sued a $10 million corporation because they disrespected my ethnicity.
You decided to ignore that and hurt me with the thing that I hate the most, extortion..."
How does refunding me for work not completed have anything to do with religion or extortion? it's in the signed contract:
8. EXCLUSIVE REMEDY.
For any breach of the above warranty, Consultants exclusive remedy, and Subcontractors entire liability, shall be the re-performance of the Services. If Subcontractor is unable to perform the Services as warranted, Contractor shall be entitled to recover any fees paid to Subcontractor for that portion of the deficient Services.
Xavier's claims against my company are completely inaccurate and frivolous and I'm posting here to provide a small portion of the evidence I have to prove it. He has no evidence to backup his claims, let alone any credibility after reviewing the facts.
I'm extremely saddened by Xavier's allegations of racism... I challenge you, Xavier, to prove any of your slanderous allegations. In fact, anyone who knows me personally will attest to my character. If you have any questions please call or email me directly with the contact information Xavier so generously provided, and I will be happy to provide you with the entire story and additional evidence. Or call him yourself at 714-794-2239. I warn you his number is a VOIP number so you might have issues reaching him (like when he ran out on us), but you can email him at: friends (at) socceraccess.com or xavierbaez (at) gmail.com.
Xavier has pulled every card: Racism, extortion, religious persecution and harassment, non of which happened. So once again, actions speak louder then words... if anyone needs any more info please call me and save your time... I do not wish this experience with Xavier Baez on anyone!
We, Xavier, are not the scammers or people suing, unfortunately, you are the only one professionally scamming and suing. Maybe you should find another $10 million dollar corporation to sue. Oh and Xavier, I hope youre gastrointestinal problems are better.
xavierbaez
United States of AmericaRELEASE OF ALL CLAIMS AGREEMENT
#3Author of original report
Thu, October 20, 2011
RELEASE OF ALL CLAIMS AGREEMENT
This Release of All Claims agreement is made and entered into as of Thursday, October 20th, 2011 (Effective Date), by and between Xavier Baez, an individual
(the Subcontractor), and SproutStart, LLC, a California LLC residing at 220 Technology, Suite 110, Irvine, CA 92618 (Consultant), and all companies or individuals contracting the Consultant (Company).
Both parties have agreed to find a peaceful solution to its previous misunderstandings by signing this Release of All Claims
Both parties are fully aware of the expenses and liabilities that might occur in case of a lawsuit.
After careful examination of each parties responsibilities and mistakes, both parties agree to release and forever discharge each other from all claims of physical, economical, emotional or medical damages and expenses, demands, and any actions whatsoever, including those based on negligence, in any manner arising out of each otherparticipation in the previous activities and projects.
Both parties understand that this Release means that, among other things, they are both giving up their right to sue each other for such losses, damages, injury or costs that may have occurred, in any type of court, including but not limited to Civil, State, U.S. District, U.S. Circuit Courts, U.S. Supreme Court, Municipal Court, Federal or Small Claims court, in any state of the United States of America.
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Xavier Baez
Dated: October 20th, 2011
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Stephen Silver
Dated: October 20th, 2011