Email: document or not?
Good day.
Not so long ago it happened to me to make a site for one company. We agreed with the customer about the price, the timing and scope of work. Drew up TZ and agreed it.
Since I am a freelancer, then accordingly, like many other freelancers, there was an agreement on prepayment. But there was one thing but ... I needed a contract and the money was accordingly transferred by bank transfer.
')
Not a problem I decided. found through whom it was possible to conclude a contract. Compiled, agreed with the customer.
The contract was prescribed, e-mail correspondence is official and is equivalent to the official (that is, ordinary paper).
The process was divided into 3 stages, for each stage 100% prepayment was implied.
It turned out that 30% advance payment before the start of work is more than normal conditions.
We agreed with the customer that I will prepare 1 layout, but with the possibility of step-by-step creation, that is. I show the idea of a sketch, we meet and discuss on paper where everything will be (since all the functionality and all the behavior of the elements has been described in the TOR).
Until the contract was signed and the TK, I decided to start work, so as not to waste time. I prepared 1 concept, and with it I went to the customer. The customer didn’t like it at all and we came together to understand how the future site should look like, drawing on paper.
(At the moment the contract was not signed.)
This layout was prepared, and the customer said that he was satisfied with it, but there are a few nuances.
(At the time of the first filing, under the contract, it was only 2 days of work)
It took about 2 months to correct the nuances.
after that, the customer stated that he terminates the contract unilaterally for non-compliance with the terms of the contract, with a request to return the prepayment.
In this case, an active correspondence was conducted on the layout. This correspondence is preserved, it is clearly stated by the customer what and how to do, deadlines are agreed, etc.
When referring to the correspondence and to the fact that 2 layouts were sent on time (the customer sent a letter that he received and takes a pause to think about it, the customer says he did not receive anything.
When asked about the deadlines, with reference to the correspondence and the clause in the agreement on the status of electronic correspondence, the customer changes his opinion and says that these works are not a model.
The reference in the contract, where it is discussed what is the product and what is provided in the process and at the end of each stage of the contract, the customer asks for the return of the prepayment.
And finally, about the request to draw up a certificate of completion in the first stage, on the basis of which you can terminate the contract bilaterally (otherwise, the contract unilaterally leads to the right not to return the prepaid executor), the customer refuses and sends a letter. with a request to return the prepayment.
Maybe someone faced this problem, and how to solve it?
What advise Habraludi?
In this article, with reference to the Labor Code of the Russian Federation, it seems to be said that by agreement of the parties, an electronic document is considered to be an official agreement or disagreement of the organization on the basis of the work results.
I do not really understand this issue, but from what I read in the comments to the law and in the discussions
in such a situation, you can refer to e-mail.
UpD Link to the contract
I apologize for the fact that it is not very neat.
Not so long ago it happened to me to make a site for one company. We agreed with the customer about the price, the timing and scope of work. Drew up TZ and agreed it.
Since I am a freelancer, then accordingly, like many other freelancers, there was an agreement on prepayment. But there was one thing but ... I needed a contract and the money was accordingly transferred by bank transfer.
')
Not a problem I decided. found through whom it was possible to conclude a contract. Compiled, agreed with the customer.
The contract was prescribed, e-mail correspondence is official and is equivalent to the official (that is, ordinary paper).
Under contract:
- implementation period is 2 months;
- the term of the first stage is from the moment of signing 10 working days;
- if the customer makes changes to the layout, the period is set by the contractor depending on the scope of the changes;
- in case you need to draw another 1 mockup, the surcharge is 50% of the cost of the work phase;
- in case of refusal to cooperate, the amount of work performed is recalculated in stages, and that part of the money is returned, in proportion to the amount of work done;
The process was divided into 3 stages, for each stage 100% prepayment was implied.
It turned out that 30% advance payment before the start of work is more than normal conditions.
We agreed with the customer that I will prepare 1 layout, but with the possibility of step-by-step creation, that is. I show the idea of a sketch, we meet and discuss on paper where everything will be (since all the functionality and all the behavior of the elements has been described in the TOR).
Until the contract was signed and the TK, I decided to start work, so as not to waste time. I prepared 1 concept, and with it I went to the customer. The customer didn’t like it at all and we came together to understand how the future site should look like, drawing on paper.
(At the moment the contract was not signed.)
This layout was prepared, and the customer said that he was satisfied with it, but there are a few nuances.
(At the time of the first filing, under the contract, it was only 2 days of work)
It took about 2 months to correct the nuances.
after that, the customer stated that he terminates the contract unilaterally for non-compliance with the terms of the contract, with a request to return the prepayment.
In this case, an active correspondence was conducted on the layout. This correspondence is preserved, it is clearly stated by the customer what and how to do, deadlines are agreed, etc.
Further claims of the parties and proceedings
When referring to the correspondence and to the fact that 2 layouts were sent on time (the customer sent a letter that he received and takes a pause to think about it, the customer says he did not receive anything.
When asked about the deadlines, with reference to the correspondence and the clause in the agreement on the status of electronic correspondence, the customer changes his opinion and says that these works are not a model.
The reference in the contract, where it is discussed what is the product and what is provided in the process and at the end of each stage of the contract, the customer asks for the return of the prepayment.
And finally, about the request to draw up a certificate of completion in the first stage, on the basis of which you can terminate the contract bilaterally (otherwise, the contract unilaterally leads to the right not to return the prepaid executor), the customer refuses and sends a letter. with a request to return the prepayment.
The question is what?
Maybe someone faced this problem, and how to solve it?
What advise Habraludi?
In this article, with reference to the Labor Code of the Russian Federation, it seems to be said that by agreement of the parties, an electronic document is considered to be an official agreement or disagreement of the organization on the basis of the work results.
I do not really understand this issue, but from what I read in the comments to the law and in the discussions
in such a situation, you can refer to e-mail.
UpD Link to the contract
I apologize for the fact that it is not very neat.
Source: https://habr.com/ru/post/39475/
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