Never on any job I have done.
Payment is made when the job is done.

I would give the person till the time agreed on, but there should be daily / bi-daily contact on a large project with such a short timeframe.

Good luck on your project.

The fact of the matter is that I have TRIED to contact him and the LACK of communication is what he agreed upon,

Why has he not responded to ANY of my 30 or so emails
Why is he not on IM anymore
IF his phone is busy and he is ONLINE, then why wont he contact me
HE said that he would be done in a few days, the deadline is something that I chose for him, but again, he said it would be a few days

He stated this on the 30 of Jan, so + a few days, is around the 3rd of Feb

THAT IS WHY I HAVE THE CONCERN

You're correct, I changed the title

I'm so sorry that my lack of time has caused this to happen for you mate:

I want to vouch for msimonds as an excellent client: for over 12 months I was working for him on his vB projects, and he was always more than reasonable in terms, conditions, payment, project descriptions, etc. We have spent hours on VoIP, Skype, IM and email communicating, and there is no way that you could lose a way to communicate with him if you tried, so I would be leaning twards his side of this argument, and would back him to the hilt.

The only reason why he had to advertise for a coder is because I became unavailable to continue in the development of the project we were working on; the custom CMS is something that I and Dark_Wizard have built, but it is not yet vB 3.5 ready as DW and I have too many other projects on the go to draw out msimonds - so he needed someone to continue some complicated work, and for a very active site as well.

I really hope things get resolved with this guy, that he either returns the money or gets it done - bad outcome so far mate. I hope he hasn't taken off with the code as well, if he is unreliable I would be very sh*@#y if he had also taken off with that code.

Good luck again,

Natch I apprecaite it man and you have not done anything wrong, You're an honest man and so is DW. I hope that all I am doing here is blowing off steam and actually get to sincerely apologize for my statement.

Today I ACUTALLY got through and spoke to his wife/girlfriend and expressed who I was, why I was calling, and left my number so he could call me back, or email me, or send a carrier pigion for christ sake

Right now his number is busy, meaning that he is online and not responding to my email

I never thought about him actually getting his hands on that code, that would be a shame if he did something with it

Again I hope that I am wrong and thanks Natch for the backup


except
Does that mean that I am a bother and a pain in the ass, LOL!!! :mad:

I personally think you have jumped the gun somewhat, despite he may not have been in comunication as you expected, what are you going to do if he says its done and shows you it working but doesnt deliver and asks something like "but what are we going to do about your slander of me on vb.org ?".

By making premature claims like this publicly you have left yourself wide open to a settlement demand that could be well over the initial agreed price.

I think now you had better hope he doesnt deliver. You only had to wait 6 days before the claim would have had validity.

Paid web coders/installers who dont deliver obviously reflect on the others who are also in the field, but wild and premature accusations from clients do nothing to help it either.

I think even vb.org could be held somewhat liable aswell by permitting the thread to remain visible for such a length of time when it is a premature claim.

Not any more liable then this transaction beginning here. In others words, no liability.

A very important aspect in any customer/Vendor transaction is communication. If none is present then theres a lack of transaction.

There is a big difference between allowing members to make public service requests which are then arranged privately and permitting publicly veiwable posts that are prematurely slandering one transaction party.

Yes i do not disagree that a lack of comunication is wrong, just as is over communication.

There are aspects in the first post that is far from correct.

One of those is where the complainee states "sometimes the phone is busy sometimes it just rings, telling him the other party is at the place where the phone is". Wrong does not allways work like that.
Lets say I was calling some one and during that attempt some one else tried to also contact the same person by phone, yep they would get a busy signal on many networks. therefore this is no indication whoever is in while your getting mixed signals. Do not assume what is not fact.

The facts as we know are

Theres a lack of comunication between the parties on one side during the time set.
Theres a publicly premature slanderous post.
And a website has permitted the premature slander to remain published.

Pretty easy to see there which ones would get the benefit in a full legal dispute imo.

I know where I would be going if that was being done against myself.

First I would prove the slander in a law suit in the first instance giving excellent grounds for a suit against the publishing website, regardless of any disclaimers about posts are members veiws only.

Such as newspapers etc do not have such disclaimers ie "the views expressed in our articles are the veiw of the journalist not the newspaper" because in court as a publisher they are responsible, the disclaimer would not hold water any more than a coulander.

Yeah and let me know about the class action you are probably working on for someone not warning you that coffee is served hot. :rolleyes:

Goodluck finding a lawyer or a court to handle your case.. There is no slander in his post. He stated the facts from his end without name calling.


Also you should be familiar with the above TOS that all member here agreed to. ;)

I'll say that lack of communication isn't always a good sign, and I can understand why your abit angry at the moment. Though you never know what can be going on, on his end. I agree with Marco. If he doesn't deliver on the 14th as expected, then you have all the right in the world to let it be known to the vBulletin community, though you also never know; you can get an email from him at 11:59 on the 13th with all the files, ect... ;)

Your anaology to some other pathetic case of which I have no involvement in where as you have suggested I may have is riduclous.

With regards the TOS quote, as vb.org staff have allready participated in the thread, means it is without doubt the subject has been reviewed by them, therefore it only leaves a question in civil law as to wether the post itself is objectionable and the disclaimer is good enough in the sense to counter a continued publication of a possible prematurely slanderous post and is therefore an objectionable post.

As the TOS states they will endevour to remove objectionable posts by members, and the fact that they have participated in the thread and left it open to public veiwing and response, thereby possibly failing to act as per their own TOS impo has left them wide open to a contraversal and potentially succesful suit.

The TOS in this instance has not been adhered to, wether that be how civil law would see it is another story. How ever from what I see all that needs to be done here is prove the post is slanderous and therefore objectionable, the rest is par for the course.