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Old 04-28-2013, 04:31 PM   #1
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Chargeback Issue On Custom Programming...

So an adult program has just issued a chargeback on some custom programming we carried out for them after having locked us out of their FTP once we have already installed the scripting they needed.

They already missed a mid-project payment after their initial deposit but in good faith, we continued to work with them, despite their having several technical issues with their server going offline.

Should we name and shame this company or; do you think we should wait until the chargeback resolution process has been followed?

In our eyes, it is a clear-cut case of them having us work on their stuff, then deciding not to pay what is due. I believe they have done this to at least 1 or 2 other development companies / designers too in the past.

We have an executed contract from both parties, so there really isn't anything the company can do, other than admit their error in this instance. Especially since the chargeback has also been issued within the initial timeframe of the contract.

How do the GFY attorneys and drama llamas think we should handle this?
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Old 04-28-2013, 04:34 PM   #2
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If they fucked you go ahead and out them. They deserve it.

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Old 04-28-2013, 04:35 PM   #3
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i would out them.
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Old 04-28-2013, 04:36 PM   #4
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If they fucked you go ahead and out them. They deserve it.

.
I tend to agree with you but at the same time, I don't want to fuck up any chances of having this resolved amicably.

Just sucks that it is a program that is (or has been) on GFY in the past.
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Old 04-28-2013, 04:36 PM   #5
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Call them out. They already charged back, what do you have to lose? You're not going to get your money at this point. So either swallow it or let others know who to be careful with.
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Old 04-28-2013, 04:37 PM   #6
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You shoulld probably talk to this guy https://gfy.com/showthread.php?t=1107934.

Sounds like he has a similar issue he is dealing with.

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Old 04-28-2013, 04:38 PM   #7
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You shoulld probably talk to this guy https://gfy.com/showthread.php?t=1107934.

Sounds like he has a similar issue he is dealing with.

.


Hey I was going to email about this given that you seem to be well respected, but cant find your email, could you fire one over to me so I can give you a little info about this and get your opinion if thatd be cool?

Edit: nevermind its in your sig...
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Old 04-28-2013, 04:47 PM   #8
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Hey I was going to email about this given that you seem to be well respected
What? Apparently, you are easily duped. I would say that I have you fooled but since I have never tried to be well respected so I had nothing to do with it. I am nothing. Nobody. Nada. Zilch. And very proud of it.

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but cant find your email, could you fire one over to me so I can give you a little info about this and get your opinion if thatd be cool?
I do believe that my email is down below this in my sig.

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Edit: nevermind its in your sig...
Ahhahahha. You must have finished the edit just as I hit the quote button. Swear that wasn' there.

Based on what you said though, without knowing anything else, I would say to out them. If this was a single occurrence better to let it play out. But you say you believe that they have done this to others, so at that point I would write the money off and have fun with beating them up.

But, if you have a contract and are going to attempt to enforce it then ask your lawyer before you make any comments of any kind.

That is my "well respected" .

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Old 04-28-2013, 04:49 PM   #9
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But, if you have a contract and are going to attempt to enforce it then ask your lawyer before you make any comments of any kind.
Yup, that's why I didn't name them, you have email off me too
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Old 04-28-2013, 05:31 PM   #10
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Yup, that's why I didn't name them, you have email off me too
Is it honestly enough money worth going legal over? The lawyer will probably cost more than the money you got stiffed on.
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Old 04-28-2013, 07:37 PM   #11
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Call them out. They already charged back, what do you have to lose? You're not going to get your money at this point. So either swallow it or let others know who to be careful with.
+1

They didn't care about your reputation with I presume paypal, so why should you care about their reputation?

ESPECIALLY if they went straight to Chargeback without telling you that they didn't like whatever you did for them and giving you the chance to resolve the issue...... (assuming of course that you are telling us full story here)
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Old 04-28-2013, 07:43 PM   #12
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Is it honestly enough money worth going legal over? The lawyer will probably cost more than the money you got stiffed on.
They charged back just shy of $2k initial deposit, missed a payment of $2k mid-project and we'll be losing out on a final payment of $3k.

So yeah, its a decent chunk of change, this wasn't some small project they ordered to do with a WordPress plugin for them, it was a major script development from the ground up a lot of time, planning and development has gone into it and we were finished prior to the estimated deadline, even with their server going down at least once.

Worst case scenario, we can't resolve the issue and we're out the money, but we own a pretty nice system we could resell to other affiliate program / paysite owners. Waiting to discuss this with a couple of people tomorrow to see how we're going to handle this going forward.

We've already filed out chargeback rebuttal documentation, but we have to wait around 45+ days to hear back about that.
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Old 04-28-2013, 08:21 PM   #13
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With chargebacks the vendor always loses. Name them already.
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Old 04-28-2013, 09:21 PM   #14
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Since the code is still technically yours and it resides on a server, I wonder what would happen if you sent a DMCA to the host?
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Old 04-28-2013, 10:01 PM   #15
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name or stfu
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Old 04-28-2013, 11:37 PM   #16
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I thought paypal didnt allow chargebacks on services?
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Old 04-28-2013, 11:40 PM   #17
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I thought paypal didnt allow chargebacks on services?
Unless I missed it, where is PayPal mentioned by OP? I think people are just assuming that?
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Old 04-29-2013, 12:04 AM   #18
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Unless I missed it, where is PayPal mentioned by OP? I think people are just assuming that?
Mentioned here only as a presumption.

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Originally Posted by lagcam View Post
+1

They didn't care about your reputation with I presume paypal, so why should you care about their reputation?

ESPECIALLY if they went straight to Chargeback without telling you that they didn't like whatever you did for them and giving you the chance to resolve the issue...... (assuming of course that you are telling us full story here)
But chargeback.. you cant chargeback a wire, so its paypal or straight to cc nope?
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Old 04-29-2013, 12:06 AM   #19
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If you are truly telling the whole story, did nothign wrong and they just chargebacked for no reason - then call them out. If they are fucking programmers, they're more then likely willing to fuck affiliates too. That's of course if that's the whole story. If you were dragging your feet or were doing a shitty job with no hopes of finishing everything on time, then maybe they were justified.
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Old 04-29-2013, 12:06 AM   #20
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Since the code is still technically yours and it resides on a server, I wonder what would happen if you sent a DMCA to the host?
How one can prove that the code is his? If it gets to lawsuit, etc?
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Old 04-29-2013, 12:55 AM   #21
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How one can prove that the code is his? If it gets to lawsuit, etc?
The contract, and the fact that he has the code.
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Old 04-29-2013, 12:58 AM   #22
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How one can prove that the code is his? If it gets to lawsuit, etc?
digital signature, from extremely simple to extremely complex
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Old 04-29-2013, 04:16 AM   #23
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This is shitty for sure. I'd out them so that others are aware of their underhand tactics.
Also if this was a ground up write of something, it should have been done on your dev server with code release on final payment. That way you have all the records in email of their satisfaction and final payment to release the code. If this is how you proceded I don't see how the chargeback can be successful...
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Old 04-29-2013, 04:27 AM   #24
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If you delivered on time, and the code was as it should be, then name them.
They already started the chargeback, and went down that road, so it's better to warn other programmers of their tricks.

When that is done, look back and learn from it.
Learn to stop working if the other part aren't living up to the agreement.
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Old 04-29-2013, 04:59 AM   #25
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This is shitty for sure. I'd out them so that others are aware of their underhand tactics.
Also if this was a ground up write of something, it should have been done on your dev server with code release on final payment. That way you have all the records in email of their satisfaction and final payment to release the code. If this is how you proceded I don't see how the chargeback can be successful...
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Old 04-29-2013, 05:29 AM   #26
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Give them a last shot. While there are 2 sides to every story, I have been burned once as well.

The FTP shut off is a door slammed in your face. I know how that must hurt.

If you can't work it out, name them as they will burn others as well.

Can you work you did be sold elsewhere if you have not completed it for them?
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Old 04-29-2013, 05:32 AM   #27
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They charged back just shy of $2k initial deposit, missed a payment of $2k mid-project and we'll be losing out on a final payment of $3k.

So yeah, its a decent chunk of change, this wasn't some small project they ordered to do with a WordPress plugin for them, it was a major script development from the ground up a lot of time, planning and development has gone into it and we were finished prior to the estimated deadline, even with their server going down at least once.

Worst case scenario, we can't resolve the issue and we're out the money, but we own a pretty nice system we could resell to other affiliate program / paysite owners. Waiting to discuss this with a couple of people tomorrow to see how we're going to handle this going forward.

We've already filed out chargeback rebuttal documentation, but we have to wait around 45+ days to hear back about that.
Just saw this. Seems like you have something to sell and a DCMA you can execute if need be
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Old 04-29-2013, 08:28 AM   #28
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If this were any other industry, I'd suspect there was more to this story .. But, being that it's adult, I have no problem believing what you say. Hope you get a resolution!
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Old 04-29-2013, 08:32 AM   #29
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Well we have a voicemail out with them, hoping this is just some fuckup on their part (albeit on a monumental scale) would hate to think we were deliberately scammed and they are happy to tarnish their seemingly okay reputation over this.
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Old 04-29-2013, 08:35 AM   #30
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So an adult program has just issued a chargeback on some custom programming we carried out for them after having locked us out of their FTP once we have already installed the scripting they needed.

They already missed a mid-project payment after their initial deposit but in good faith, we continued to work with them, despite their having several technical issues with their server going offline.

Should we name and shame this company or; do you think we should wait until the chargeback resolution process has been followed?

In our eyes, it is a clear-cut case of them having us work on their stuff, then deciding not to pay what is due. I believe they have done this to at least 1 or 2 other development companies / designers too in the past.

We have an executed contract from both parties, so there really isn't anything the company can do, other than admit their error in this instance. Especially since the chargeback has also been issued within the initial timeframe of the contract.

How do the GFY attorneys and drama llamas think we should handle this?

First, do not out them. This could get you into some legal trouble.

You can fight this - we fought this once, and we won. We provided a special license and did lots of customer work for a customer who decided to charge back almost $6000 in fees to us. Instead write it off as a loss, we contacted the merchant provider (Google Wallet in this case) and provided them with Proof, screenshots, emails, support ticket posts and even Google Analytics showing these fuckers used and benefited from our work. It took about 3 months but we fought it and won.

You can do the same thing but you have to gather up all of your notes and emails (with headers), screenshots and any other materials you can.

Even though it is not a tangible item and was a digital only deliverable, you can still fight it and win, no lawyers necessary.

And don't forget, they are not only ripping you off, but they are abusing their credit card and the payment processor you used to accept the payment. When you contact your payment processor, be very nice with them and be sure to bring this fact up.

If you want to know more about what we did to win please contact me and I will be happy to assist. http://www.2much.net/contact.php
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Old 04-29-2013, 08:38 AM   #31
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First, do not out them. This could get you into some legal trouble.

You can fight this - we fought this once, and we won. We provided a special license and did lots of customer work for a customer who decided to charge back almost $6000 in fees to us. Instead write it off as a loss, we contacted the merchant provider (Google Wallet in this case) and provided them with Proof, screenshots, emails, support ticket posts and even Google Analytics showing these fuckers used and benefited from our work. It took about 3 months but we fought it and won.

You can do the same thing but you have to gather up all of your notes and emails (with headers), screenshots and any other materials you can.

Even though it is not a tangible item and was a digital only deliverable, you can still fight it and win, no lawyers necessary.

If you want to know more about what we did to win please contact me and I will be happy to assist. http://www.2much.net/contact.php
We already have a decent CB rebuttal package, we get douchebag clients like this once or twice a year so have already sent over the contract and all supporting docs to Square for this, including signed authorization forms for their deposit payment and several screengrabs of the install on their server prior to us getting locked out.
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Old 04-29-2013, 10:01 AM   #32
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If they charged back you can say who they are. Slander and libel are only that if what you say isnt true.

Besides, even if they pay you back the dispute is still in your processing history.

Are you sure they didnt make the downpayment with a stolen card?
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Old 04-29-2013, 10:21 AM   #33
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How one can prove that the code is his? If it gets to lawsuit, etc?
Git/SVN commit timestamp.
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Old 04-29-2013, 01:56 PM   #34
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Is this the first project you have with them? Are they aware of this thread? Kind of a crappy situation to be in, only happened to me once and it's not nice at all.
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Old 04-30-2013, 08:41 AM   #35
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If any mods would like to lock this thread, please feel free to do so.

Have been advised not to pursue this issue any further publicly as it could be detrimental to other courses of action we are in the process of taking given several voicemails, texts and emails we have received off the client in the last 24 hours.

Thank you everyone who responded, your input was appreciated.
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Old 04-30-2013, 08:51 AM   #36
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If any mods would like to lock this thread, please feel free to do so.

Have been advised not to pursue this issue any further publicly as it could be detrimental to other courses of action we are in the process of taking given several voicemails, texts and emails we have received off the client in the last 24 hours.

Thank you everyone who responded, your input was appreciated.
What a fucking tease. Remind me to ignore you in the future.
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Old 04-30-2013, 10:50 AM   #37
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fuck'em! thats not cool...call them out & let others know that they might not be reputable or even worth dealing with...
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