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Hello my name is ***** ***** I will help you with this.
How much is owing?
Do you have different terms for hosting and web design?
Hello Alex, no we have one set of terms covering both. For two projects, I quoted £4000, with a ratio of £3000 for the first project, and just £1000 for the 2nd project. Under our terms I able to request the full difference that being £2000, however as a gesture I advised I would settle for just £1250.
Sorry Alex I meant to say the customer has already paid a deposit of 50% £2000.
Also, I am a full service company and only offer hosting to customers who we build and support for and not to anyone that just wants hosting, we're not in that space.
Is there anything in the terms that says you can refuse to release the files if they have not paid?
I assume you did not do any work on the 'old' site which is still live?
No nothing specific
I think that is a problem for you.
No I didn't build the original site but have done some bits on it.
On the basis you did no work to the 'old' site and the fact that your terms are silent as to release on files, I don't think you can withhold them
If your terms had said that we will not release files to you whilst there is a payment outstanding you would have been ok
But sadly you do not.
Therefore under the contract I do not think you have the power to do so
Of course you can refuse and see what they do
They might try and take it to Court in which case you can counter claim
Ah ok, so I can attempt to withhold them but not legally, even though this means I will be financially disadvantaged as they will not pay me the money owned for the new development.
But on the basis of your terms and no work has been carried out I dont think you can.
It won't stop you bringing a claim in the small claims for the debt of course
Can I clarify anything for you about this today please?
Yes sorry bear with me.
Ok, so I understand that you are saying I cannot withhold files for their live site as I did not build and only host it.
But I am legallay able to take them to court for the balance of the development payment aren't I
Yes of course.
Handing the files back does not stop you from doing that
Great, just wanted to clarify. Many thanks Alex, appreciate your time. Neil
Can I clarify anything else for you?
No I think that's it for the time being.
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