Sticky situation with my web developer...

13 replies
I will try to make this as short as possible.

Last year I paid a web developer $2200 for a project. He's actually a designer who outsources programming.

Shortly after the payment, he uploaded a rough draft of the project onto my server and asked me what I would like to have revised.

I gave him a list of revisions and he handed the list off to his programmer. They then uploaded the revised project onto a temporary server and asked me to check it out.

Here is the part where I'm at fault. After my developer uploaded the revised project onto the temporary server, I didn't reply to his last email for few months because of some personal and family issues that was taking place.

Fast forward few months, I email my web developer if he could do the last set of revisions and hand me the project. He said he will see what he can do.

After few emails back and forth, he tells me that the project is GONE. None of it was "saved" because it was uploaded to the temporary server that belonged to the programmer he was outsourcing to.

He said he can't get in touch with the programmer that worked on the project, so there's nothing he could give me.

So, after $2200 I ended up with nothing. I admitted my fault for not being prompt over the email communication, so I asked for $800 to be refunded.

He replied that they did complete everything I asked them and the "missing" project is mostly my fault for the lack of communication over email. He still offered to refund $300 for my "inconvenience."

I thought asking for $800 refund was fair since both of us are at fault. I wasn't prompt with my email response and he failed to make a back-up of my project or upload it to my server.

Now I have three options...
1. Accept his $300 refund.
2. Negotiate for a higher refund.
3. Take him to small claims court.

So, what should I do? :confused:
#developer #situation #sticky #web
  • Profile picture of the author imsirigiri
    Originally Posted by workplay View Post

    I didn't reply to his last email for few months because of .....
    You have already taken the blame onto yourself. There is nothing one can do here.

    Ask for a higher refund and start afresh.

    Best method to make any business successful is communication and perseverance.
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  • Profile picture of the author Fernando Veloso
    Just get back to your contract (if any) and see what was agreed upon. But the developer/designer should have at least 1 backup - at least ONE.
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  • Profile picture of the author Wide
    Accept the $300 refund, thats 300 more than I except anyone to get after months of no communication, specially when dealing with people on scriptlance/elance etc (if thats your case).

    An advise to everybody; Always tell your developer to send you a copy of the files to your gmail account. That way you always have a copy - and trust me, sometimes you need those files even years after receiving them, for weird unpredictable reasons.
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  • Profile picture of the author matt5409
    small claims court - a developer should ALWAYS keep backups of projects. I don't think you're at fault here - really, he should have chased for feedback in order to get the project at least to a live state (I would anyway).
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  • Profile picture of the author onegoodman
    First, I don't see the develop hold any responsibility, if I am the developer I would refuse to refund a penny (unless we have on the contract a term that force me to have it).

    The developer completed the job, you were suppose to have it immediately on your servers and backed up (I create a backup each time before and after modifications).

    Now the only thing is you can do is to check your contract with him, if nothing cover this case, I guess you should accept the $300.
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    • Profile picture of the author matt5409
      Originally Posted by onegoodman View Post

      First, I don't see the develop hold any responsibility, if I am the developer I would refuse to refund a penny (unless we have on the contract a term that force me to have it).

      The developer completed the job, you were suppose to have it immediately on your servers and backed up (I create a backup each time before and after modifications).

      Now the only thing is you can do is to check your contract with him, if nothing cover this case, I guess you should accept the $300.
      so you don't think a developer (or TWO developers) should have backups?

      also, it was at testing stage - there is no reason for the client to have access to ANY of the files. the responsibility of this is definitely in the hands of the dev.

      and I am a web developer...
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  • Profile picture of the author workplay
    He had access to my server the entire time. Even when I wasn't prompt with my email responses, it wouldn't have taken him more than few minutes upload the final project to my server.

    Because I wasn't responsive over email, he just let his programmer walk away without even giving receiving the project. I think that's the bigger issue than me (client) not being responsive via email.
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  • Profile picture of the author tampaprogrammer
    However Matt, the poster here said he knew the guy was outsourcing the programming part and he was only doing the design.

    Therefore, the "designer" had no direct access to the files either?

    I agree that 2 months is an EXCESSIVE amount of time for absolutely no communication. I am a developer too and can you imagine if *we* were non-communicative for 2 months?

    The designer obviously already paid the programmer so he shouldn't be responsible for *eating* the expense because the buyer failed to communicate.

    Sure, files should have been saved probably across all 3 parties involved during steps of building. If I were the buy and had shelled out $1,000 to someone, I would at least want $1,000 worth of "undeveloped" scripts already in my hand for this very reason that someone could disappear.

    I know, hindsight is 20/20 ...
    I agree, take the $300 and move on and deal with a hard lesson learned.

    Rod
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  • Profile picture of the author zamzung
    Try to negotiate higher refund although the whole blame is on you, imo ... I mean, I'm not going into your private problems and reasons, but I think it's not a problem to send an email ... especially in a period of few months... I can't blame developer in this case because I would also assume that you dropped on that project after not contacting me for few months...
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  • Profile picture of the author matt5409
    come on guys, this is pure customer service and it is ENTIRELY in the hands of the dev(s). I have a client whom I designed a website for over 2 years ago. it is paid in full, but still hasnt gone live (for whatever reason). I hear from them once every 9 months saying "yea almost ready to go live!!!!1". I take it with a pinch of salt, ensure I have their files saved and backed up, and await the day they finally mean what they say.

    If I lost these files for any reason, I would be responsible.
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    • Profile picture of the author Daniel Evans
      You've invested 2.2k into a project.

      The person was fully responsible for keeping a local backup regardless of who they hire. They should be in full control of who they hire.

      I'd demand a refund minus a sum to cover him for his time.
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    • Profile picture of the author rosetrees
      Originally Posted by matt5409 View Post

      come on guys, this is pure customer service and it is ENTIRELY in the hands of the dev(s). I have a client whom I designed a website for over 2 years ago. it is paid in full, but still hasnt gone live (for whatever reason). I hear from them once every 9 months saying "yea almost ready to go live!!!!1". I take it with a pinch of salt, ensure I have their files saved and backed up, and await the day they finally mean what they say.

      If I lost these files for any reason, I would be responsible.
      Yup - I have a lovely website, designed and paid for by the client back in September - still waiting for him to gain access to his domain name. He even has access to my temporary site and has added/changed content.

      It's still live, and is regularly backed up along with all my other web content.

      As to the OP -it's kind of a six of one and half a dozen of the other situation. As a web designer I ALWAYS keep copies of my clients' sites plus ALL their hosting, registrar, wordpress and any other details - even if I didn't set up the site, buy the hosting or whatever. Experience tells me they will lose everything and anything and will always "hope" that I have kept their details.

      I know that many developers don't do this, though.

      I have worked as the "outsourcer" for people whose clients need sites. I have a feeling that they themselves have never kept copies of these sites. They should, of course, because the end client is their client not mine.

      Experience has taught me to keep everything. Your developer should probably have done that - whether he is under any kind of legal obligation to do so is a different question - but probably the most important one here.

      It might be worth consulting a solicitor or attorney with internet experience - but then again, the fee might be prohibitive.
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  • Profile picture of the author Geraldm
    Question: Who owned the temporary server? Was it your server or the developers server?

    The contract should have stated the deliverable is a working web application (website files etc) which should have been given to you. If that application was installed on the developers server for 'testing' and nothing was actually given to you, then they have not fulfilled their end of the contract.

    However if the temporary server was yours then they have fulfilled their end of the contract.

    Just my 2 cents worth

    Cheers ....
    Gerald.
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