Any lawyers willing to give out advice

dogface

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I have a few questions for you pertaining to internet business, and it's practices?

Specifically someone that said they would do some web design work, showed sample and said they would be sending the contract. I agreed, the never sent contract and never let me know they stopped working on site.

Anything I can do? Just curious...I saved all of the contact infor and e-mails!

dogface

PS: I am pissed!
PSS: The samples they showed were specific to my website. Not one from their portfolio's!
 

TIME TO MAKE $$$

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Dogface, ask Jack for my email and I can take a look at it... I am a 3rd year law student with minimum internet law experience, but I will see what I can do. I know that there are other Law students on here as well such as Taoist... And that other fellow from Cinncinati, whats his name??


Cheers
 

cooz3

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dogface...couple of questions if you dont mind....did you rely upon their promise? was it detrimental reliance? what were youre damages...i am assuming from the info you gave that they began to do work on the site...was there an agreement as to payment...design...details of site etc... cooz
 

dogface

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I will post some of the e-mails here...

I will post some of the e-mails here...

But a little description first. I was told to go to a few websites, and post a job on the sites and then freelancers will stop by and pick up the jobs. (Usually cheaper this way, and I like to shop if you will.) Well this company e-mailed me saying they stay anonymous and don't join in the forums, but they pick-up jobs from them and they do it as a company. The companies name Insite-design.net (You'll notice their website is coming soon, but it was up at one time.)

Here are some of the e-mails:

I am missing the very first e-mail when they contacted me.

___________________________________________________
Hi there,

Question 1, yes we r familiar with paypal and its shopping cart.

Question 2, Yes, we code in PHP, meaning extreme ease in updating the site, if you want more info on this, please send an email asking about PHP and its advantages.

Question 3, Yes a prototype will be made only with some basic things, things like a flash intro will only be made at the end, but if you would like to see past flash intro's or things that we have made please ask.

Question 4, Yes we are familiar with boards like YaBB, Ikonboard, UBB, VBB, PHPBB, although we dont advice using YaBB we are still very familiar with it, i advice you to use VBB which is more profesional and stable than YaBB. A sample forum we made is for the Internation Becauloriat (International Schooling system) and can be found here: http://www.insite-design.net/~ibstudents/forum/ (aware; this site is still in prototype fase, no links or search boxes work, the rollover link do not catogarise the links yet.)

Question 5, Yes logo's are included with the site.

Question 6, For the lenght of site we need more information, do you want us include all content? etc? but mainly can take about 2 to 4 weeks. Banners are included.
Cost will be the max that you wanted, which is *** dollars.

Thank you for your time, we hope to be in contact again with you as soon as possible.
Matt

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
____________________________________________________

I e-mailed him about YaBB etc., this is his reply!

Hi,

Well the reason why Yabb is always rated is that it isnt very secure is does exteremely abscure things behinds scenes. We have a version of VBB which you could use under our name if you wish, this isnt illigal as we have checked. VBB isnt named the best bulletin board of the year for nothing, it is a spectaculier script. Anyway, this of course would be your call, we are only here to advise.

We are currently setting up our portfolio page, our last site was taken down, and replaced with a new one, the problem we had with the new one was that some of the coding we had done, was not supported by out host, so we had to wait, but by now it is fixed so we can continue with the site, and this is the reason for our portfolio not being online.
When it is, which will be by tonight or tamarow, i will give you thr URL where you can view webpages, scripts, flash banners, logos, flash intro's, graphics, etc.

Yes, we accept paymenst through paypal, but if you do decide to contract us, we will send you a contract that must be signed, this mainly includes small things such as that you own the site but we have the right to add it to our portfolio, dont worry the contract will only make the deal safer for both of us, and this is a standard procedure.

Just some things, we dont usually work on mondays, and wednesdays, but mostly do end up in the office behind the computers.
If you decide to contract us, you will be emailed a login and password, so you can sign into our clients controlle panel, where we leave messages saying what stages in the development we are at, where to can have chat sessions, and anything else that is communication related, as we see this as very important.

Thank your for your time, and if you have any questions please dont hesitate to send an email, looking forward to a reply.

Matthew Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
____________________________________________________

Follow up e-mails:

----- Original Message -----
From: TheSportsInfo.com
To: Insite-Design.net -- matt
Sent: Wednesday, March 20, 2002 11:43 PM
Subject: Re: webdesign - Insite Design


Matt-

If I am allowed to use the VBB, is your name on it? Do other people have controls on it? In the url is your name mentioned at all? This is very important, I want it to be branded with our logo, image, etc. and want it somewhat customized...let me know.

I have no problem with the contract once I see a sample of your ideas. I will be honest you seem to be the most knowledgeable group offering their service, but some replies have had some excellent work. (I am excited about that.)

What else do we need to discuss....

D.G.

Their reply:

HI there, sorry for the late reply,

Yes it will be fully custimized to your website, and wont say a trace of insite-design.
We are currently mapping out some ideas on paper for your site, and should have a prototype sent out to you sometime soon.

Thank you for your kind comments, we have been designing profesionally now for 3 years, but only just started with our new name; Insite-design. In order for us to build of our portfolio, we are looking for projects just like yours.

If you have any questions or comments at all please done hesitate to emails us.
Looking forward to your email,

Matthew Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________


More in a dated order:

----- Original Message -----
From: TheSportsInfo.com
To: Insite-Design.net -- matt
Sent: Friday, March 29, 2002 4:46 PM
Subject: Re: webdesign - Insite Design


Matt-

Could I get an estimated time for a least a peek at your work for my site. I have seen others and they are only ok. You as mentioned in the earlier e-mails seem to have the knowledge in all areas, and I am expecting quality work, but I would like to see what type of work you provide.

I look forward to doing business with you.


D.G.

Reply:

Hi there,

yes someone is going over the site now, and should have the finsihed protoype by Saturday or Sunday.
I am extremely sorry for not keeping you updated, thats very unprofesional of me,

Best regrads
Matt Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________

My messge sent 3-31-02

Just checking back, to see how it was coming. I apologize for being impatient, but with the MLB starting today/tomorrow...it would have helped to start to promote a timeline for the new design. Please keep me posted.

Thanks!

D.G.
---------------------------------------------------------------------------------

More e-mails, and the first problem:
dated 4-03-02

Hello!

We thank you so much for keeping contact, the person who was assigned to work on your website (Chris) had an accident in the weekend where he was heavily hurt. He is now out of intensive care and looking a lot better. We contacted all of his clients and assigned them to new people, except you for some reason was not on his client list. This we think is because you were found on a forum a part of a contest and this is probably why you weren't added to his contact list.

You have been assigned to me and 2 others for us to work on, we understand if you wish not to use us anymore for your needs as it was our mistake for you not being added to the list. All the emails which were sent we only just have received as all emails with your name are forwarded to Chris's account.

Once again we are very sorry, and understand your distress about the situation and would still like to help you. The one problem is that the prototype will be redone, although the prototype is on Chris's computer in our office in England we don't want to use it as we don't know how he has been coding it and don't want to mess with his work. We hope if you like, to have a prototype in a couple of days for you.

Hope to hear from you soon, and our apologies,
Matthew Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________
 

dogface

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Continued:

Continued:

Still 04-03-02 but later in the day!

Hi there,

Well, the office in england has sent over chris's design, and we will be working of that. We will try to get this done as fast as possible, as we have messed you arround we will be working as hard as we can. We hope by tamarow evening to have it done.

Thanks again,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
____________________________________________________

My response on 4-05-02

Matt-

Just checking back with you to see if the prototype might be ready. Hopefully all is still well with Chris.

Hope to see it soon,

D.G.
___________________________________________________

Their next e-mail dated 4-07-02

Hi there mate,

Me and someone else have been working on the site, first we outlined it on paper, then we digitilised it (in adobe photoshop) and then we start hard-coding it.
Here is a preview of what it sort of looked like in photoshop:
http://www.insite-design.net/~clients/sportsinfo/layout.jpg
its 207kb so it can take a while to load depending on your ISP speed.

Now im currently coding it, i had the idea when you go over the menu that a submenu pops up, like what we did with this site:
http://www.insite-design.net/~clients/cityhosting/codetest.htm

Anyway, let me know what you dont like, or do like or if im just totally way of.
Best regards and sorry for the delay,

Matt Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________


----- Original Message -----
From: TheSportsInfo.com
To: Insite-Design.net -- matt
Sent: Sunday, April 07, 2002 11:21 PM
Subject: Re: theSportsinfo.com


Matt-

Thanks for the preview of the site. I feel you first view has a little more potential than the others. I would not mind the sub-menu's on the site. I know your not close to the completion but here are a few suggestions:

1) Make sure in the development of the Banners, LOGO, and web page that thenmae of the service etc is: TheSportsInfo.com (does not have to be capitalized like that however.) ALso please don't forget the tagline or slogan if you will: RESEARCH.SELECTIONS.WINNERS!

2) Will the top also be in Flash like you have on the City Hosting sample? It is very sharp looking, and I like it.

3) Please only use the following sports for graphics: MLB, NFL, NCAA FB and Basketball, NBA. I do not handicap Hockey so having a picture would not help.

4) The colors are a little drab looking, I want something very professional looking, but have a spark, something interesting for the eye. Also the forum should be able to match it etc.

PS: Because of the upside I believe you and your company posess, I would like you to develop my site.

D.G.

This is their reply:

Hi,

thank you for chosing Insite-design as your developer,

In respone to your last email, yes the banner will be in flash as you had asked that if im correct at the begin.
Secondly i didnt know about the sports thing, so i will get that fixed.
Thirdly about the colors, i see what you are saying, it is my duty to advice you on what you want. The colors chosen are known colors to be profesional looking, white-blue-green (in order of importance), are important colors which are in webdesign. I only advice, if you want different colors that doesnt create a problem, and i will do what you tell me, but it is important for me to give you guidance on your choices. If you have some main colors in mind which you like, then please send them through.
Fourthly, the forum will be fully custimised with the site, so it looks like its apart of it.

I will be working on the site,

Best regards
Matt Peacock

ps
If you for sure have chosen Insite-Design as your developer then there is a contract that must be signed, outlining simple things like cost, etc.

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
__________________________________________________

----- Original Message -----
From: Insite-Design.net -- matt
To: TheSportsInfo.com
Sent: Tuesday, April 09, 2002 11:43 AM
Subject: Re: Hello...


Hi there,
just rememberd thers a problem with the idea of having a popup menu above the flash (or at the moment where the images are). The problem is that the layer of flash is always seen as the highest, so if you have a popup, it will apear under the flash.

If you wish to definityly keep the flash i will have to move the menu below the flash.

Just seeing if you have any problems with that,

Best regards,
Matt
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net

---------------------------------------------------------------------------------

----- Original Message -----
From: TheSportsInfo.com
To: Insite-Design.net -- matt
Sent: Tuesday, April 09, 2002 7:59 PM
Subject: Re: Hello...


Matt-

I like the flash more so than the pop-ups. What if you did a mouse rollover, instead of a pop-up and keep the flash.

As for the colors, they were a suggestion, I was hoping you would play around with them, to see what looked great. Since I am not creative I have a hard time explaining things, but I definitely know what I like, and I will tell you that also.

Thanks for asking and keeping me updated.


D.G.
--------------------------------------------------------------------------------

----- Original Message -----
From: Insite-Design.net -- matt
To: TheSportsInfo.com
Sent: Tuesday, April 09, 2002 2:23 PM
Subject: Re: Hello...


Hi, k

-i will keep the flash and not do the popup,
but then, how many menu items should there be?
-Also u said, always put the slogan on all logo's and banner, etc, this is just a comment; ussually logo's dont have slogans on them. This doesnt make it feel like a logo anymore but more like advertisement, the slogans are usualyy used on banners, etc. If i used the slogan on the logo it will make it look exteremely naff, and too buissy with text as the logo already requires the text thesportsinfo.com. Again this is just advice, and im only here to guide you. All decisions are in the end made by you.

Best regards,
Matt Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
---------------------------------------------------------------------------------

Then I was not contacted and I tried to gain contact on 4-14-02

Matt-

How about a little update, and a possible time frame again please.

D.G.
___________________________________________________

I recv'd this on 4-20-02, keep in mind I never received a error message.

Hi there,

We havent received a response in a while? is everything alright?
We've been wanting to discus the website? Please email me when you are around, it is important to stay in good contact.

Thank you,
Best regards,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
__________________________________________________

My response to Matt, with his messages attached: 4-21-02

This message was sent on the 17th, and I have yet to hear a reply.

Matt-

How about a little update, and a possible time frame again please.

D.G.



Your last message was on the 14th saying you are working out the bugs...



Hi,

Ive been working on the site, and have got it in HTML. ive also done the banner in flash, but it still isnt done.
I will be uploading it, when ive fixed one or two bugs as soon as possible for you to view it.

Best regards,
Matt Peacock
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
__________________________________________________
 

dogface

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Continued:

Continued:

His reply:

Hi there mate,

Um, no i sent another message on the 15th,
outlining what i had done, and asking a few things?
Very weird,
Here is the message:

I have worked on the site for a while and it can be found here:
http://www.insite-design.net/~clients/sportsinfo/index.htm
remember this is so early in the stages that loading time, and some other things are totally not working out.
I find that this design doesnt really fit the sport kind of need? dont you think? thats why i thought maybe it would be better to redesign it to a more sporty kind of feeling? I do like the design but i really doubt that it fits your needs.

Please let me know what you think, and ill be in touch.

Since then, i assumed you wanted to keep the design and so i continued work. I will be uploading the newer version soon, as my host is currently changing hosting software so my FTP is of limits for now.

I really am sorry for this mess-up, i haven't a clue what went wrong. The email is in my sent box and i never received an error, so its quit weird.

Yours sincerely,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________

Ps

The flash on the site from the last email was only to show how it would work, it would be more elaborate than that of course,

Best regards,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
____________________________________________________

My response 2 days later: 4-23-02

I have not heard from you since my last reply about the flash etc., you mentioned that communication was important...so I am checking to make sure you did not send out another e-mail. How are things progressing...

D.G.
___________________________________________________

I sent another on 4-24-02:

Matt-

Haven't heard back form you since my last e-mail, but I did have a question other than how's it going, do you find it is beneficial to have a Web Analzyzer on the site, if so do youknow of a great free one, that monitors several pages. If so can that be inlcuded? Thanks and I look forward to hearing how the site is going, I would like to get it operational soon.

D.G.
________________________________________________-__

Insite-Design.net site is down and I e-mail their web provider for info:

To whom it may concern-

I notice that you are the registrant for insite-design.net. I am curious, are you the owners of that particular site, or did they just register through you.

The reason for the question is that I did enlist them to redevelop a site I own, and they have shown me one sample of the site, and now I cannot get in contact with anyone from the company, and their site is down.

If there is any information you could forward to me about how to contact them it would be appreciated.

Sincerely,


D.G.
Owner
TheSportsInfo.com
____________________________________________________
 

dogface

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Feb 13, 2000
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Continued... Sory for the soap opera

Continued... Sory for the soap opera

Sent 4-27-02:

Does insite-design exist anymore? The e-mails are not coming back, at least the e-mail server is working. I am not used to the level of service, especially since I promised my customers a new webiste within a 2-3 week period, a while ago. Not to mention I even lowered my prices as a sort of "due to the site redevelopment process", now I don't have a new site.

What is going on? What should my expectations have been? Why are these e-mails going unanswered?

Signed,


D.G.
A very disgruntled "prospective" client!
___________________________________________________

Now the crap hits the fan. My e-mail and reply from 05-04-02

----- Original Message -----
From: TheSportsInfo.com
To: Insite-Design.net -- matt
Sent: Saturday, May 04, 2002 11:31 PM
Subject: Mr. Peacock-


I am curious as to why there have been no replies as to the development of www.thesportsinfo.com . It is my understanding that we had a gentleman's agreement that the site would be developed, and yet we have not had any fruitful conversations within the last two weeks. It was your company that sought out our project, and it was our decision to put off other offer's and enlist you as our developer. We are awaiting the project, and do expect it to be delivered.

I would not ignore this e-mail. As your company opens it web presence under the insite-design.net name, you will need positive word of mouth as an effective promotional tool...I can say for sure that I will not be spouting your greatness, but quite possibly the ineptness that I have come to know. We at thesportsinfo.com do apologize for our shortness, but we set high expectations for our customers and clients, and we do everything to put them on a pedestal. We have yet to see that from your operations. Quite possiblly that is why in the online industry only the strong survive. Let's see how strong your company is!

D.G.
Owner
TheSportsInfo.com

Their reply:

Hi,

Someone told us of a topic called layout for New website in the yaxay database, and was brought to our attention that you no longer wanted to use our service. We do understand that a lot of things have happened between us, mainly us to blame, and that this has led to your decision to find new designers. No contract was signed as it was a apart of a contest, if a proper contract was signed with a good money agreement a suitable timeline would have to be followed.

Sorry for dissapointing you once again,

Yours sincerely,
Bart Van Zelst
----------------------------------------
Bart Van zelst
Insite-design.net - web solutions
bart@insite-design.net
http://www.insite-design.net
___________________________________________________

Ongoing replies:

----- Original Message -----
From: TheSportsInfo.com
To: info - Insite-Design
Sent: Sunday, May 05, 2002 2:33 AM
Subject: Re: Mr. Peacock-


Very interesting reply. As a paying customer who, (other than I) has the right to determine whether I still want your service or not! Your telling me, either an anonymous reader of posts from a forum can give you that information, or your employees that you have visiting these forums anonymously can provide that definitive of an answer. That to me is pretty bush league, but I will save the rest of that argument for later, considering there is a much larger one!

If you notice on the yaxay.com website I have an original post that started on 4-28-02, the last e-mail I sent to your company without a reply was on 4-27-02. I am forwarding a copy to you of that e-mail. Now if I go with your story, how in the hell, can you say that I stopped wanting my website designed when the communication stopped way before I ever posted looking for another designer. As for the paperwork, I received an e-mail from Matt saying after I saw a prototype I woiuld be receiving a contract to sign that was on 4-9-02, I am still waiting for said contract!

I have decided to send you a few of the e-mails, and maybe you can shed some light on the length of time it takes to develop a website, as well as the customer service it takes to succeed. Not to mention how about an explanation as to all of the e-mails that went unanswered. I want my website developed, I needed it a few weeks ago, and what are you willing to do to accomaodate me! Afterall, in my e-mail to your comapny, I did say yes to your service! (How do you have the option of saying NO to me!)

D.G

The forwarded e-mails will just be titled TheSportsInfo.com!

Their reply:

Very interesting reply. As the worker, we have the right to give you the service or not, and untill a contract is signed we have the right to leave the agreement at any time we wish. We feel not enough would be paid for our service and therefore would be pushed at the back of our priority list behind the people who are paying in the hundreds.

And we gain the right to say No at any time to you, you have paid no money, you have signed no contract. I am very sorry, but you will have to find someone else to do your work. There is no obligation for us to do your work.

Chris Simmuns
----------------------------------------
Chris Simmuns
Insite-design.net - web solutions
@chris@insite-design.net
http://www.insite-design.net
____________________________________________________

Don't get confused this reply uses another message to show my point but it was sent: 05-05-02

----- Original Message -----
From: TheSportsInfo.com
To: info - Insite-Design
Sent: Sunday, May 05, 2002 3:38 PM
Subject: Re: Mr. Peacock-


Can I ask another question then seeing this unacceptable last reply. I was contacted by your company, not vice-versa. If I were to contact you and was told that the company would be willing to do it, but it would not be a priority. I would have understood. Please show me in a communication where that expectation was set. Instead I was told a contract was coming and I was ready to sign it. Show me anywhere that that would not be a contract bound by implicit consent. Afterall, it was your company that made the offer, it was your company that contacted me, and it was your company that offered samples to me of your work for my site. As for you ruling that we can give or stop work at any time, do some checking that is not entirely accurate their needs to be proof of some type of committment from both parties to enter into the agreement, and I have both...samples of your work (specifically done for my website), an e-mail stating the contract will be forthcoming, and my reply stating I would accept you and your work. Trust me this could be challenged and won!

As for being contact by several of insite-design.net employees, may I ask where Matt went? Why were replies not answered especially since I returned a reply after this e-mail that was dated 4-20-02:
_________________________________________________________________________
Hi there,

We havent received a response in a while? is everything alright?
We've been wanting to discus the website? Please email me when you are around, it is important to stay in good contact.

Thank you,
Best regards,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
_________________________________________________________________________
 

dogface

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Feb 13, 2000
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The last page of e-mails:

The last page of e-mails:

My reply back was not answered and it was sent on 4-21-02!

I will admit that you (meaning the organization) is making this more complicated than it should be, and that I am prepared to make it more so. I was offered a project, I accepted, and have recv'd a run around. This is not acceptable, and should be taken care of. I now know why you answer forum's anonymously. Your intention is to not do quality work, or even complete the work. Trust me, this pompous attitude and lack of follow through will hurt your reputation! In your response back, how about answering all of the previous questions, and not skirting issues and answering what you want?

D.G.


Their reply:

Hi

We have decided not to work with you anymore.
We have made many customers happy, its a pitty you werent one of them. I wish you the best of luck in trying to find another designers. I suggest www.webhostingtalk.com.
As to the point that we can stop anytime we want, this is true. We can stop when we want becuase we havent started untill both parties have signed the contract and the client has submitted 40% of the fees. A bunch of emails wont hack it, they are not proof of anything as they are not signed in any way.
Sorry, but i dont see how you can challenge and win, you have nothing to challenge. Like i say, we havent started work on your site, as we only played with some drafts, that does not mean we are obligated to finish your design.

Yours sincerely,
Matt Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
___________________________________________________

This reply really pissed me off:

Hi

There is no time limit set for our agreement. This means even if we were to work for you we can spend us much time on it as we like. I dont think you understand the world of internet buisness, nothing means anything without a contract signed.
The only way of us working for you, is having this project's deadline in a couple of months and for a larger sum of money. You might say that is not our initial agreement, but there was no initial agreement. The initial agreement is an agreement set in the contract.

Yours sincerely
Matthew Peacock

----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net
__________________________________________________


--- Original Message -----
From: TheSportsInfo.com
To: info - Insite-Design
Sent: Sunday, May 05, 2002 5:06 PM
Subject: Re: Mr. Peacock-


You have yet to answer why I was contacted by your company, and why your company decided to not honor something they said they were willing to do. As for understanding internet business, there are laws, and before you continue maybe you should verse yourself on them. Also Mr. Peacock, when was it your company decided not to work on my project, and when was my notification. Is it a normal practice to stop work and not let the client know of your decisions? Was I suppose to guess? Tell me what is wrong with that picture! Remermber it is your companies name you are messing with, not mine.

D.G.


Their reply:

---- Original Message -----
From: info - Insite-Design
To: TheSportsInfo.com
Sent: Sunday, May 05, 2002 11:17 AM
Subject: Re: Mr. Peacock-


Hi

What are you trying to argue for? You want us to make your website?

Best regards,
Matt
----------------------------------------
Matthew Peacock
Insite-design.net - web solutions
matt@insite-design.net
http://www.insite-design.net

My response, and it was not answered:


I am looing for answers to my questions and not the run around. Your company failed to live up to its expectations, and in the process delyaed me 3 weeks, when I started putting out promptions about the redevelopment of my site. You fail to see both sides of this issue, and it is not right. What is so hard to see about that.

So answer each one of my questions instead of running around and giving answers, that are not relavent to my questions.

D.G.

As for the second questions, Don't you think you should be desigining my site if you have read all of the e-mails and you have started on prototypes!
**************************************************


So MadJacker's! If I am wrong here let me know! If I am just being a prick let me know. If I am getting hosed with no recourse...I still need to know that.

I feel like I was encouraging and then while waiting I got backhanded. Sure no money exchnaged hands, but look at the dilemma and waiting period I endured while trying to get results.

Let me know, if I am wrong and I'll shut up. Even if there is no law on my side, we all no between right and wrong. If you feel I am right, I want to give them heck if you know what I mean!

pissed off,

dogface
 

cooz3

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dogface ...very intersting scenario...i will disclose the fact to you right away that i am NOT WELL VERSED IN INTERNET LAW...however i am an attorney and know basic contract law....i found it intersting that the word "agreement" was used a number of times in the correspondence ...this to me signifies a so called "meeting of the minds"...in addition an oral contract is enforceable in many states as long as it does not involve real property with a few exceptions...and as long as the work "could be performed within a year" the question now becomes is there a contract? to establish one we need an offer (we have) and acceptance (we have) and consideration (money, peppercorn whatever) this is were we need to look was there anything you had agreed to give? (theoretically youre business) but you get what i mean ..... now i may have read the e-mails in haste but i thought they were saying that the "agreement" was to enter into a formal agreement (meaning the contract) ...very slick...so i guess there offer was to enter into a contract and you accepted and then they backed out..according to them...we need to find some "consideration" here dogface...

in addition, there is also a theory under contract law called "promissary estoppel" (section 90 of the restatement of contracts) which is an alternative to a breach of contract claim..in essence there is no contract only a promise (because of the lack of consideration) ...and then there is realiance on that promise by the "promisee" (yourself) ...this may be another route to look at... from cooz
 

Bama6895

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Time to Make $$$$$$

Time to Make $$$$$$

Do not forget about me.

Dogface wish I could help you but I am just a first year law student so I am unfamiliar with internet law issues and am still learning contract law.

If it was tax law then I could help you maybe. At least there I have a masters in tax accounting.

Dogface if nothing else, just beat his butt.
 

cooz3

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i hope that was a little helfpful dogface...i know its a lot of legal jargon...if all else fails we can always put a contract out on him ...LOL...cooz (P.S. that was not an offer...LoL)
 

Bama6895

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Cooze I will now email you for any contract exam questions I have.

Also, with promissory estoppel, doesn't he have to rely on the representation to his detriment. So there would have to be some sort of damages? Correct me if I am wrong.
 

MadJack

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red flag #1 - they contacted you on the 'side' rather than getting involved in bidding for the job publicly, or whatever means you were using to secure a programmer for your needs.

red flag #2 - they were going to install an unlicensed Vbulletin forum for you. YOU would have been held responsibe had Vbulletin caught you with their product that wasn't licensed to you.

I have had many bad experiences with programmers in the last 4 years and I always chalked it up as a loss and moved on. I doubt there's anything you can do to them without risking a lot of money to sue them. And, they might be BROKE!

If you need any services for internet, use Elance. They help protect the buyer and the seller gets paid in stages.

check them out:

http://pages.ebay.com/professional_services/index.html?ssPageName=HPS01
 

TIME TO MAKE $$$

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Dogface,

I am studying in Canada so what I am giving you here is under Canadian law, I am pretty sure American laws might be a tad different than Canadian laws, but here are my thoughts. Again though as stated before, it doesn't seem there WAS a contract agreed as ooz3 pointed out.

A breach of contract exists when one party to the contract fails to fulfill his or her obligation under the contract. If that person refuses to perform any part of the contract, the injured party is released from all obligations. If the breach concerns a fundamental term of contract, a breach of condition exists. Such a breach allows the injured party to rescind the contract and sue for damages or, in certain circumstances, specific performance of the contract, which will be examined later.

What is in question here is DID YOU BOTH AGREE TO A CONTRACT OR NOT... I will say this, these guys are smooth. Personally, I wouldn't deal with them.

If you need anything else, give a shout.

I hope this helps somewhat..
 

dogface

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Gentleman...

Gentleman...

Thank you vey much for you thoughts and ideas in which to handle this problem. They are very much appreciated and to be honest it is my understanding I have no recourse that doesn't mean we can't give them a little hell! Anyone willing to do so, (that sounds bad since I am so mild mannered) let me know so I can enjoy!

Now for a few words from my sponsor:

The anti-insite-design.net:

You're #%$^#%@ piece of ^%$, you'll have your &%*Y^*&% day! I hope your &*&%$& customers shove their ^$^%^$ foot up your $@@!$#$ !@# you lazy cock^%$65487 sons of &%^&$^$

OK....Breathe...Breathe!

Jack- Believe it or not the first time I used eLance, I got an inept company that had great visuals of their work, but the samples I got really sucked. But maybe I will try again. Info was much appreciated BTW!

Keep me posted gentleman if you happen to send a fiery e-mail to this fabulous company!

D.G.
 

cooz3

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bama.... every law school professor teaches section 90 as to read relying on a promise to youre detriment....and i would argue it is "probably' implied ( i guess you would have no damages) but the original section 90 never said the word detriment....just said reliance..had a scenario on a law school final which i argued this and did quite well...im not sure if that section has been modified to read "detrimental" but if so take a look at the prior wording...interesting ...cooz
 
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