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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a client that released me from a contract lately. Clients

Customer Question

I had a client that released me from a contract lately. Clients claims now a form of compensation for profit losses casued by my non-delivery of E-commerce. Deadline for project was 1st of December and the launch date was the 5th (Saturday).
Before the 6th of December I also provided (after being asked for) a pre-launch site that was out of scope (not the part of the contract) and was something additional, it caused a week of delay to my planned works.
Project was ready to sell goods with profit on the sixth of December, which is a day after the launch deadline. Client then agreed that he wants to carry on with works and launch as soon as possible. Since then I had no contact with client despite my attempts. The reason he puts forward is the fact that he had to legally sort out storage, paypal and other formalities for delivery services, as he could not start selling before these legal formalities, hence my wait time.
I was unsure what's the status. He got back to me month later on the 4th of January 2016, and said that he wants to proceed with all works as planned, so plan is to launch on the first of February. Couple of days later, due to a misunderstanding of me and one of his colleagues I failed to conduct bug fixes as I could not contact with any of them on the 9th of February to deliver all of the UI fixes. It is partially my fault.
He then, after that, angrily said that he changes his plan and wants to release me from the contract due to my 'moody nature' (not contacting on 9th of Feb) and project which does not meet their requirements (they claim project is not worth the money as well).
Further claims of his are to give him back advance payment and ,moreover, pay for his service upfront at Shopify plus year worth of upkeep of running the business online. I would also have to sponsor some banners. If not, he claims I would be liable to pay all profit loses that were incurred to him due to missing Christmas time sales. He would supposedly calculate the profit losses as he claims.
I put a lot of work into this project, and I offered that the best I can do is to give the advance payment back.
The contract as signed states that:
"Relationship.
This Agreement does not imply any other relationship between Client and Developer. Any further work requested by Client and/or suggested by Developer must be governed under a separate agreement.
Legal issues.
Is impossible guarantee a work that is error-free so Developer won’t be liable of any third-party damages, including lost profits, lost savings or other incidental, consequential or special damages.
Given that the deadline is really short (pre-Christmas period), and revisions/changes could be frequent, the developer won’t be responsible for delays that were generally not caused by him."
What way would this possibly go?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Does the contract limit liability in any way please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Should I call or expect a call?
Customer: replied 1 year ago.
I am a Sole Trader the other side is Limited Liability Company anyway
Customer: replied 1 year ago.
the contract has as it states, and its the only limiting factor:"Relationship.This Agreement does not imply any other relationship between Client and Developer. Any further work requested by Client and/or suggested by Developer must be governed under a separate agreement.Legal issues.Is impossible guarantee a work that is error-free so Developer won’t be liable of any third-party damages, including lost profits, lost savings or other incidental, consequential or special damages.
Given that the deadline is really short (pre-Christmas period), and revisions/changes could be frequent, the developer won’t be responsible for delays that were generally not caused by him."In terms of me not being liable for any profit loss. Is that what you asked for?
Customer: replied 1 year ago.
Could you tell me the time we can arrange a call if you have no further questions
Expert:  Ash replied 1 year ago.
When would be good to call?
Alex
Customer: replied 1 year ago.
Hello, Sorry I was traveling.Anytime now, or if its too late in the day, then tomorrow anytime from 10:00 AM onwards.M.
Expert:  Ash replied 1 year ago.
Ok
Alex

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