Visuwire
Miami,#2REBUTTAL Owner of company
Mon, August 11, 2008
The project requirement was drafted by the client for which we (Visuwire) created a Statement of Work (SOW) that was then signed by both parties. The project was broken up into three Milestone, Design, Delivery of HTML,& Programming we only required that payment be made upon successful completion of each phase of the project NOT PAYMENT IN ADVANCE OF SERVICES. During various stages of the project the client requested that work be performed that was not within the SOW to which we did our best to accommodate without any additional finical compensation requested. During the final phase of the project the client requested that we make a major change in the SOW. We advised the client that in making such a modification that there would be an additional charge. The client was unwilling to pay for these additional charges then shortly thereafter elected to terminate our agreement, & requested all of the work that had been completed thus far be surrendered to him, as well as a full refund. We declined his egregious request to provide him with the source codes as well as a deposit. We advised that we would either complete the project as defined in the SOW or provide him with the source codes for the work that was completed and there would be no refund. John was not satisfied with our position and elected to issue a charge back for the full amount of the project. Master Card gave us 30 days to present the evidence to support the fact that 1) evidence of a signed agreement between the client and us the provided that clearly states the work for hire agreement 2) evidence of the fact that we provided the services for which we were commissioned 3) evidence to support the fact the terms of the agreement were fully disclosed at the commencement of the project. The merchant account acted as a third party arbitrator upon review of this case , Master Card we were issued Visuwire a full refund of the funds that were rightfully ours. Evidence to support our position can be made available upon request Regards, Robert