Have client sign contract AFTER advance payment?

9 replies
I sell web design services. Is it acceptable if I don't mention the web design contract until I have received the first advance payment from my client?

My web design contract is just a regular contract. I'm just afraid many clients are lazy or scared to read and sign contracts. I thought mentioning the contract before getting the first advance payment would sometimes discourage the client and make me lose the sale.

Again, there is nothing strange about the contract, I'm just afraid of scaring away clients. By the way, the contract is signed electronically, they don't even have to download it. I am willing to refund them if they don't like the contract for some reason.
#advance #client #contract #payment #sign
  • Profile picture of the author Aaron Doud
    Considering that a contract normally protects them more than you why would they be afraid?

    Also if they are willing to send you money I don't think a contract one way or the other will bother them. It's not like if you put crazy terms in there that it will be enforceable.

    I think you are over thinking this.
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  • Profile picture of the author daniyal100
    Originally Posted by sitekrafters View Post

    I sell web design services. Is it acceptable if I don't mention the web design contract until I have received the first advance payment from my client?

    My web design contract is just a regular contract. I'm just afraid many clients are lazy or scared to read and sign contracts. I thought mentioning the contract before getting the first advance payment would sometimes discourage the client and make me lose the sale.

    Again, there is nothing strange about the contract, I'm just afraid of scaring away clients. By the way, the contract is signed electronically, they don't even have to download it. I am willing to refund them if they don't like the contract for some reason.
    what I think our job is to make the sales process as easy as possible, if the clients ask for a contract then go ahead otherwise there's not really a need to talk about signing a contract and scaring him before taking any upfront money.

    Once you took the upfront money you are in full control and ask him to sign it if you want.
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  • Profile picture of the author smsagent
    Originally Posted by sitekrafters View Post

    I'm just afraid many clients are lazy or scared to read and sign contracts.
    No, that's you. You said so, yourself:

    Originally Posted by sitekrafters View Post

    ... I'm just afraid of scaring away clients. By the way, the contract is signed electronically, they don't even have to download it.
    Also:

    Originally Posted by sitekrafters View Post

    I am willing to refund them if they don't like the contract for some reason.
    Accepting a deposit is evidence that a contractual agreement has been made. The document you ask them to sign merely memorializes it. And refunds are given only by contractors who can't deliver the goods.
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    • Profile picture of the author sitekrafters
      Originally Posted by smsagent View Post

      No, that's you. You said so, yourself:



      Also:



      Accepting a deposit is evidence that a contractual agreement has been made. The document you ask them to sign merely memorializes it. And refunds are given only by contractors who can't deliver the goods.
      I didn't quite understand what your comments on the first two quotes meant. Regarding your last comment, do you think it's a good idea to have them sign the contract after they have sent me an advance payment? When I said, I would refund them I meant that would happen if they didn't agree with the contract terms (very unlikely) or if they just simply don't want to bother signing it for any reason.
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  • Profile picture of the author imperets
    There is nothing wrong with having the client sign a contract after they have paid. This is how I do it.
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  • Profile picture of the author Dr Dan
    Do what works for you :-)

    Everyone is gonna have a different opinion. Obviously we should add the "Speak to a lawyer" recommendation here.
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    • Profile picture of the author Joel Young
      I always mention the contract very early in game. In fact, the FAQ on my site talks about it. I am not afraid to bring it up because if a client is scared away by it, then I probably don't want that person for a client.

      Contracts protect both parties, and if a prospective client can't understand that, one of two things is wrong:
      1. The person is an idiot and has no business sense.
        or
      2. The person is a potential risk to my business; possibly intending or will intend to screw me in one way or another.

      Talk about contracts from the start. You will increase the chances of a better class of clients.

      Oh, and get the advance payment after the contract is signed. After all, the expectation and obligation has been set via the contract!
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  • Profile picture of the author SashaLee
    Hi there,

    A contract is designed to protect both side in a transaction. If your deal is solid, there should be no issues.

    All the best,

    Sasha.
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  • Profile picture of the author TheCG
    I think real business people expect to sign something.

    We sit and talk about what is going to be done and agree. The contract just puts the things we agreed to in written form. What is scary about that?

    My contract is simple... 2 pages. It says, "I agree to do this and this and this and you agree to pay me this." That is about it.

    Of course there is a little additional legaleze but very little. I figured out a long ago that if someone really doesn't want to pay you most times suing them is just throwing good money after bad. Let it go.

    Besides, I get at least 1/2 up front. This will more than cover anything I have in the work for outsourcing, etc. so I am already ahead.

    A contract is nothing to be scared of. Get one everytime. Then do what you promise you will do and 99% of the time they will, too.

    The other 1% were never going to do right anyway. Forget about them and move on.
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    Yes, by the way, I AM in the Witness Protection Program. I could tell you who I am but then I would have to kill you.

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