Customers don’t pay?
It is about a self-employed web designer who has registered a business here in Germany and offers services such as web design, website creation, website repairs or SEO on classified ads.
Two months ago, a friend contacted him and wanted his website redesigned. The two agreed over the phone that it would cost €800. There was no contractual agreement; the web designer simply sent out a quote stating the amount. There was no written deadline or time limit for the client to pay.
The site is already finished, but this friend keeps telling the web designer that he still needs to set up the server. Two months have now passed, and this friend still hasn't paid the web designer for his work.
The web designer figured that since he was an old acquaintance, he might become a regular customer. Accordingly, he dispensed with formalities and agreed on the price for the website verbally. As mentioned, there was no written deadline for the client's payment.
Now the web designer claims he can't wait that long for his money, as he still has many costs to cover. According to him, this acquaintance just finds excuses not to pay. Apparently, many German customers are like that.
Was he too "soft" and should he have made it clear to his acquaintance in a contract and in writing, including a deadline, payment period and other details?
(2 votes)
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Hi,
a contract can also be concluded orally. Unfortunately, you are in the duty to prove both. A written contract or an oral contract with witnesses would have been more helpful.
A written contract should also be signed for acquaintances. This protects both sides at the end and clearly sets out what is going on and how much is to be paid at the end.
No further formalities are required, the order has been issued and a price has been agreed, and that is sufficient orally. Why is no invoice made with payment destination?
The customer has only received an offer with price and description. I personally would have set the deadline until the customer has to pay. That would be the least.
I would have sent another bill.
Write a bill, write a reminder, set a deadline, finished. Can he reset the page? I would. No money – no performance.
Hopefully, the next time it goes differently. Pretty strange these acquaintances. I’m lucky I haven’t.
I assume that the “normal” way with regular bill including taxes and subsequent reminder fails “deinem Webdesigner” …
Unfortunately, yes. Now he got a new customer and just wrote a ridiculous offer. No detailed information. So, he has learned nothing from his previous mistakes.
Nothing learned? He deserves so much more in black that he’s risking a total loss…
simply irresponsibly not to make a clear contract, already self-inflicted
Jap. I wouldn’t have an eye on acquaintances myself. I’m sure you’re gonna make it all black on white. This has nothing to do with pettyness, but with attitude. A “Entrepreneur” must show this clearly.
exact
Instead of lamenting, with a normal dunning process and possibly title the thing would probably have long been resolved
Yes, it would be a possibility. However, I can understand the customer. He thinks now: “There was no written payment deadline, then I’ll have time to pay…”
First invoice with payment deadline, then reminder, then title
If you want to file a claim, you must, of course, prove your permission. If you close contracts on the phone, it’s your own fault.
Consider it as a teaching money that you don’t do that again.
The web designer probably thought: “I’ve known the guy for so long, I’ve been piffing on contracts…” When you ask me, it’s “sense” and naivety.
That’s why.
That’s the way. But this is just the problem with the “self-employment” that one should be able to live with it, some have to learn painfully.
However, if one can teach these people, it is another question. I think that some do not learn from it if they repeat the error 10 times more.
How stupid is it not to make a contract?
I don’t know. It is simple and naive in this respect. I see the guilt clearly with him and not with the customer. The customer thinks : “Don’t have a contract and no deadline? Then it’s time to pay…”