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Contract Question

by TracyNeedham
6 replies
Hi guys,

Quick contract question I'm wrestling with tonight... I always give deadlines in my agreements in terms of weeks (2 weeks, etc) from date the deposit and signed agreement are received. Thus, if they want it in 2 weeks, then you'd better get those back to me fast. LOL

I have sometimes added to that in the past a third item--deposit, signed agreement and any requested background information (such as completing my questionnaire or materials they wanted me to draw from). I started doing that after having a couple clients who really dragged their feet about getting me critical things and then wondered why their copy wasn't done.

But I'm wondering if there's a better way to address because I don't always realize I need something until after I dive in. I know everyone's busy and it might take a couple days and that's fine, but when it takes a week or more for them to get back to me...it's a problem.

How do you address this in your agreement? (Or do you?)

Thanks!
#contract #deadlines #question
  • Profile picture of the author Stawrew
    Hi Tracy,

    I´m a lawyer, not a copywriter, but let me share you my opinion on this:



    From my experience I can tell you that the less the client pays or deposits up-front, the more likely he will procrastinate. So, it may help if you increase the deposit amount. Once he feels that he has already paid a lot of money, he´ll chase you (at least that is my experience in my business).


    Now, I wouldn´t do that with all clients, but if you have the feeling that some client may tend to procrastinate, you could do this. If he objects, just explain to him that this is to make sure that he´ll provide the information you need on time - which is basically in his interest.



    If he continues to object, than share your experiences and the negative impact they have on your business and simply ask him how you can make sure that he won´t keep you waiting. Do it in a very polite way and try to make him understand what your problem is. Then, let him explain why he things that increasing the deposit is not necessary in his case.



    If he offers an explanation that makes sense, just agree and put in the contract in writing. OK, hope this helps.

    Best regards from Berlin, Germany, Kiril
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    • Profile picture of the author TracyNeedham
      Originally Posted by Stawrew View Post

      Hi Tracy,

      I´m a lawyer, not a copywriter, but let me share you my opinion on this:

      From my experience I can tell you that the less the client pays or deposits up-front, the more likely he will procrastinate. So, it may help if you increase the deposit amount. Once he feels that he has already paid a lot of money, he´ll chase you (at least that is my experience in my business).

      Now, I wouldn´t do that with all clients, but if you have the feeling that some client may tend to procrastinate, you could do this. If he objects, just explain to him that this is to make sure that he´ll provide the information you need on time - which is basically in his interest.

      If he continues to object, than share your experiences and the negative impact they have on your business and simply ask him how you can make sure that he won´t keep you waiting. Do it in a very polite way and try to make him understand what your problem is. Then, let him explain why he things that increasing the deposit is not necessary in his case.

      If he offers an explanation that makes sense, just agree and put in the contract in writing. OK, hope this helps.

      Best regards from Berlin, Germany, Kiril
      Hi, You make a good point, although I do get at least 50% upfront from all but one client (but they're always under deadline so it's not an issue there).

      In fact, I have one client right now who paid me in full for a small project 3 weeks ago but hasn't answered like 5 questions I needed him to yet, despite several follow-ups.

      Now, I know this guy and know he fully expects the deadline to be pushed back because of this. But like I said, I've had a few others who seemed to think their delay shouldn't have an effect on my deadline.
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      • Profile picture of the author writeandreview
        Here's a project management technique that works:

        In your Statement of Work (SOW) or proposal or the document you use to define scope, time and cost -- in the timeline, represent start date/times with a variable.

        It looks like this:

        Project Kickoff: t = actual start date
        Initial Discovery and Research Period: t = t + 2 days
        Customer Review: t = date of customer reply
        Concept / Whiteboard-ing: t = t + 2 days
        Customer Review: t = date of customer reply
        First Draft: t = t + 4 days
        Customer Review: t = date of customer reply

        ... and so on.

        If you spell out the timeline like this, the customer sees that dragging his feet impacts the schedule.

        And in case of a dispute, you'll be able to prove that the contract clearly spelled out each party's responsibilities.
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        • Profile picture of the author John_S
          This may not apply, but if you offer any kind of guarantee try to link that to compliance. (Meaning whatever is lacking).

          For example, ten questions (or points or requirements) equals 100% guarantee, and only 9 equals 90% of your money back, 8 = 80% money back and so on. It's nice if there are ten. Five and twenty, not so much.

          This motivates them and aligns their interests with your own.
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  • Profile picture of the author Raydal
    In my experience no client in their right minds would hold
    you to a deadline if you ask for some information to complete
    the project and they are slow in responding. It's common sense
    that your completion of the project is tied to them providing that
    piece of information.

    So if they complain then you complain about their lack of response.

    -Ray Edwards
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    • Profile picture of the author TracyNeedham
      Originally Posted by Raydal View Post

      In my experience no client in their right minds would hold
      you to a deadline if you ask for some information to complete
      the project and they are slow in responding. It's common sense
      that your completion of the project is tied to them providing that
      piece of information.

      So if they complain then you complain about their lack of response.

      -Ray Edwards
      Well, it's funny how they can get amnesia about this stuff. LOL But yes, 2 instances immediately come to mind of clients where I had to actually go back and document dates of info requests and delivery because they were pitching a fit.

      In both cases, I think it was just an excuse because they didn't want to pay the bill. Still, it made me realize I probably needed to add something to cover my butt.
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