Client refusing to pay Client refusing to pay

4 months ago

I am a graphic designer and while designing the menu cards for a hotel client, I have mentioned my name on the last page. The design files were sent to the client twice for approval before sending them for print. Now when the menus have reached the client, the client is claiming that he does not approve of this and want to reject the menu cards, I have also in written from the client that he will pay the remaining amount of 10k on 26th December, 2023

Anik

Responded 4 months ago

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A.Dear Client,
In this situation, it's important to maintain clear communication with your client. Review the written communication where the client approved the design files and make sure it explicitly mentions any concerns or objections. If the client is now expressing dissatisfaction after prior approval, diplomatically remind them of the approved design and inquire about the specific issues they have with the mention of your name.
Offer to discuss potential modifications or solutions to address their concerns while maintaining professionalism. If the client insists on rejecting the menu cards, discuss the implications, including any additional costs or adjustments required. If there are contractual agreements in place, such as the written commitment to pay the remaining amount, emphasize the importance of honoring those agreements.
Consider negotiating a resolution that works for both parties, possibly by making agreed-upon modifications or finding a compromise. If the disagreement persists, consult any written contracts, agreements, or terms of service that were established before the project. If necessary, seek legal advice to understand your rights and options, keeping in mind the importance of preserving professional relationships whenever possible.
Thankyou
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
From the nature of dispute it appears to ba a commercial dispute that comes under the purview of the Commercial Court Act, 2015. . A commercial disputeas defined u/s.2(c) of the Act is a disagreement relating to trade/commerce between two or more stakeholders. These disputes generally arise in relation to contract terms and conditions, fiduciary duties or intellectual property rights, and may be settled through court proceedings or alternative dispute resolution(ADR). An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. So, in case the client fails to pay the remaining balance of contractual amount by the agreed date, reach out to an Advocate handling commercial disputes for serving a legal notice to the errant party and for filing a commercial dispute before the Commercial Court for appropriate relief in the matter.
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Vidhi Samaadhaan Vidhi Samaadhaan

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