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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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We paid a deposit website and had an agreed time

Customer Question

we paid a deposit for a website and had an agreed time on when it would be finished.
when the date came round. the designers had used a template of a previous website which they had built for us and just changed the name on it.
we deemed this service unsatisactory and was really unhappy with what had been done, or lack of what had been done.
so requested a refund.
anyway they dispute it saying we cancelled so we did not have a right to refund
But we stressed its not a cancellation, its a refund for unsatifactory work
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

i want to know am I in my rights to ask for a refund for unsatisfactory work. As they did not meet deadline nor did it look like they had remotely done any work on the website

Expert:  Jo C. replied 2 years ago.
It depends.
Has it been transferred to your name?
Customer: replied 2 years ago.

what do you mean ?

Expert:  Jo C. replied 2 years ago.
The website?
Is it registered in your name?
Customer: replied 2 years ago.

yes its our company website

they told us we had no rights to a refund. and if we cancelled then we have to pay the remainder amount

seems very unfair terms

Expert:  Jo C. replied 2 years ago.
You cannot claim a refund just because you are displeased unless the contract that you had contained the words 'satisfaction guaranteed'.
You do have a potential claim under the supply of goods and services legislation but then you have to show that this website is not of a reasonable standard. Being of an 'unreasonable standard' is different from being displeased though.
If the website is registered to you though then it is not all that likely that a judge would order everything you paid back. There would be an order that takes into account that the website remains yours. Probably you would get the cost of putting it rigt.
Can I clarify anything for you?]]
Customer: replied 2 years ago.

ah yes its probably unreasonable standard then

it was exactly the same template as a previous website only the name had been changed from 'Landstyle' to 'streetpave' it probably took them 10 mins to do.

they had 2 months to do this in. and tried to fob us off by saying they needed more fotos. which at that point we had had enough.

we then had another website commissioned.

I've made a claim in the courts and now they are trying to counter sue.

So you think I should state refund was because of unreasonable standard ? would that stand better in court ? I just wasn't sure of the correct terms to use

Expert:  Jo C. replied 2 years ago.
There would only be any remedy at all if it is not fit for purpose.
Customer: replied 2 years ago.

sorry can you explain in laymans terms

Expert:  Jo C. replied 2 years ago.
Not fit for purpose. Contains a fault.
The fault that you don't think it is worth it or don't like it otherwise doesn't render it not fit for purpose.
Not fit for purpose would be something like not properly advertising you or not having working links.
Customer: replied 2 years ago.

I can prove the website is not of a reasonable standard. They haven't done anything to it ! within the time frame agreed

so do you think I stand a good chance of winning my case ?

Expert:  Jo C. replied 2 years ago.
That is not the issue.
The issue is whether it is fit for purpose.
What you seem to be saying at the moment is that the work they have done is not worth the money they have charged which is not the test.
On this basis you do not have a chance of winning although that doesn't mean one does not exist if you apply the proper test.
Customer: replied 2 years ago.

its not that its not worth the money.

the agreed date was because we wanted to launch the website on a certain date. we had potential clients who we wanted to see our work on our new website on those dates.

so the fact it was not ready on time would deem it not fit for purpose right ?

would that stand in court ?

Expert:  Jo C. replied 2 years ago.
Not per se.
If you used the words 'time is of the essence' in the contract then the fact it was late would be a material breach striking at the heart of the contract and breach would give rise to rights for a refund.
Otherwise not necessarily.
Customer: replied 2 years ago.

Any stock imagery required will be charged at cost.

Content will be created by the client.

Costings for design include the provision of final artwork files. Should original working files be required, an

additional quotation can be provided for this.

Should you wish to go ahead with this work, a deposit of 50% will be required (Except for printing and domain

registration where payment will be required in advance). Please make payment to the bank account below.

Receipt of payment will be deemed agreement to begin work and acceptance of terms. Balance due on

completion, prior to hand over.

You have the right to cancel your order at any time. In the event of a cancellation, you will be invoiced for the

work already carried out based on the hourly rate plus any orders placed on third party suppliers that cannot

be cancelled.

This is all we have which came with the invoice. I thought this was classed as the contract ? Is it not ?

If so we have no contract then ? and we also don't know what the terms are ? as we thought the above was classed as his terms ?

I'm confused now ?

If this is the case, where do we stand ?

Expert:  Jo C. replied 2 years ago.
Unless you have any else that will be the contract.
It might be that other terms will be implied or explicit depending upon what you agreed with them.
You do have a contract. There is no doubt there is a contract. You had an agreement to pay for this work.
Customer: replied 2 years ago.

I see..

then I have a problem then as 'of the essence of the contract' was not stated on the contract only verbal.

I don't want to go to court and lose then having to pay more monies to him.

we already paid £670 deposit then another £1000 for a new website.

We didn't like his bullying tactics hence why didn't give him a chance to do the website.

But he's stated that the deposit was for work which he had done at a rate of £40an hour.

But anyone can see from the website he had probably spent less than 10 min doing it.

surely contract or not a judge can see no work was done :(

seems so unfair

Expert:  Jo C. replied 2 years ago.
It is quite unlikely he would go to court over this anyway. It is possible but it is probably not a lot of money and he might not want his work scrutinised.
If the websites are not of a good quality then there might be an SGA point of not fit for purpose.
Customer: replied 2 years ago.

he has already filed his defence and counter claim.

He has asked me again to drop the case and he will with draw.

Can I request he shows the judge the said website ?

what is SGA ?

Expert:  Jo C. replied 2 years ago.
Wouldn't it be better to agree to withdraw against each other then?
I'm happy to continue with this but please leave feedback for my answer.
Customer: replied 2 years ago.

Is that our best option ?

So we paid a deposit, he did nothing to it a ? we don't get our money back ?

How is that fair and just ?

Customer: replied 2 years ago.
Relist: Answer quality.
I'm none the wiser
Expert:  Jo C. replied 2 years ago.
Sorry but I will not be able to continue as I'm very sorry but this is becoming uneconomical for me.
Customer: replied 2 years ago.
Relist: Answer quality.
none the wiser