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PROVIDER PROBLEMS:
WHAT TO DO ABOUT UNFINISHED WEB DESIGN,
TRAFFIC OR CONVERSION PROJECTS

 

SUMMARY: Unfinished or poorly executed web services projects are extremely common. This article gives suggestions for what to do about this situation to minimize harm and get the project completed.

Note:  The following is not intended as legal advice.  Rather it presents general guidelines based on my experience in the field of web services.  You should consult a legal professional for legal counsel or advice.

Business relationship with a web provider gone sour?  It happens more frequently than anyone admits.  The biggest problem stems from incompetent and even unscrupulous providers.  But clients can be their own worst enemy too.  Many fail to understand they must be specific about their expectations. And, they need to get everything in writing.  Regardless of the reason, problems with web projects going unfinished or poorly done are everywhere.

It’s not just websites that fail to get finished.  Equally common are problems with traffic and conversion improvement projects.  Clients hire firms to do search engine optimization or pay-per-click advertising management, but never see the promised traffic.  Or they hire writers to develop copy or content, but sales don’t improve as expected.

So how can you deal with this kind of problem once it’s apparent?  Based on my experience as a troubleshooter and professional solution provider, here’s what I suggest…

Step 1. Review the current status with the provider.  Some providers simply underestimate the time it takes to do a project, or mismanage, and discover the fee isn't enough. Others purposely over promise and under deliver. The first type may be able to finish with more time or money. The second had larceny on the mind from the beginning, so they're usually a lost cause. Just stay calm and discuss the situation to see if anything can be salvaged. 

If there is some hope of completion, be sure to get any further agreements in writing.  Do not agree to pay anything further, until after the work is complete.  If the provider won’t start without additional payment, use an escrow agent to hold the funds against a satisfactory completion.  If the provider won’t even do that, or if no reconciliation is possible, continue to the next steps.

Step 2. Get copies of any files or materials that belong to you. That should be the case based on payments you've made or contractual agreements. Be sure not to reveal that you're planning to terminate the agreement, until after you've got the files. For example, if your designer was supposed to build a website for you, there should be html or flash files, and possibly programming source code files. There should also be images, both original digital art and ready-to-publish, compressed formats.  If an optimization program was underway, there should be spreadsheets or documents reflecting the keyword research that was done. If it was an ad campign, there should be ad copy and campaign plans or projects. With writing services , there should be drafts, at least, if not finished copy.

It is possible the supplier will provide these to you. If not, there is another option that may work.  I use a tool that can download all the files from a website, including published images and code. If your website has already been transferred to the host and available at a public URL, this can work. (Note that such tools are only for use in retrieving files that belong to you. Any other use might violate copyright.)

It could be helpful, at this point, to get a new provider lined up. They can help you figure out what needs to be done. They can also tell you if the old provider is being straightforward about what they can and can't do. My firm specializes in fixing the mistakes that others make.  If I'm called in early enough, I can provide guidelines and advice to my clients on what they should expect. Sometimes I can negotiate for them, or worst case, document the failings of the original provider for disputes and actions.

Step 3. Officially terminate the agreement in writing.  Spell out exactly what you understand the problem to be, what you expected that was not done and why you’re terminating.  If possible, send the termination using some form of receipt confirmation. (Many providers outside the US don't provide a mailing address.) Note that this area is one where it’s particularly wise to get specific legal advice.  Especially if the amounts involved are significant. You've already got enough trouble. You don't want to be sued for breach of contract. 

Your termination notice should also state specifically what you understand belongs to you as a result of payments made, etc. 

Step 4. Get your money back. Unfortunately, this can be the hardest step to pursue. Start by asking for a refund from the provider - again in writing. Usually it's easiest to do this as part of the termination notice. Get all the bad news out at one time.

Put a deadline on your request and indicate that you may need to take further action if the refund isn't made by the date. It's best not to threaten, just state your case and request the refund.

If you paid with a credit card, you may have grounds to dispute the charges and get a refund. Check with your credit card company for their policies. If you paid by check, you have less recourse.

Keep in mind that you may not be due a refund. Many times fees paid are for "work for hire" rather than a specific deliverable. Without a clearly defined output, the provider can claim they did work for you and deserve to keep the fee. It all depends on the agreement made between you and the provider. If it's verbal and not in writing, well, the outlook is not so good.

Step 5.  Get back on the saw-horse.  If you haven't already, find another provider that can help you finish the project.  Remind yourself why you got started in the first place: you had a good idea, you wanted to start your own business, you wanted to speak your mind. Whatever the reason was, it's still as important as ever. Don’t let problems throw you.  Just be sure that, next time, you get a complete project agreement in writing. Make sure both you and the provider know exactly what they're going to deliver, when, and for how much.

And if you're provider can't or won't do that, they shouldn't be in business. You move on and find a more trustworthy provider.

 

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