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Nicole
Posts: 2855
Joined: 9/15/2004
From: Nambucca / Kempsey, Australia
Status: offline
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Contract Question - 10/13/2005 7:45:45
quote:
Cancellation of the project at the request of the Client must be made by certified letter effective from the date the letter would normally be received in the course of ordinary mail or by facsimile
I have the text above in my contract in relation to cancellation of a project. "In the course of ordinary mail" means 2 days in Australia, so for international clients I'd like to include that cancellation can be notified by email, but that it will take effect when I send an email response to say I've received it.
Given that occasionally ISP's have problems with emails and if I were dishonest I could just say "I didn't receive it" until 24 hours later and spend that 24 hours working on the site then claim 24 hours worth of fees, I'm wondering whether anyone knows what the accepted (legal if any) timeframe is for "in the course of ordinary email" given that contracts are supposed to be about fairness to both parties.
Nicole
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
Status: offline
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RE: Contract Question - 10/13/2005 7:53:56
i dont provide a legal method for my clients to cancel the project. Why would I? also, in the us, a certified letter has to be signed for upon receipt so that is the date received.
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Dan
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coreybryant
Posts: 2550
Joined: 3/17/2002
From: Castle Rock CO USA
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RE: Contract Question - 10/13/2005 9:44:57
Ordinary - that could mean quite a few things to people. I would put in specific days to hopefully forego any issues.
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Corey R. Bryant
My Merchant Account Blog | Toll Free Numbers | Expression Web Blog
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dpf
Posts: 7126
Joined: 11/12/2003
From: India-napolis
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RE: Contract Question - 10/13/2005 13:31:31
i am on the verge of signing a three year contract for some consulting work. It is standard in that industry to have a clause to allow either party to cancel with 30 days written notice - after al, 3 years is a long time. I check the language and there isnt anything detailing how written notice is delivered, received and confirmed - it usually isnt. Such things are normal business practices.
On the other hand, when I do a contract for a web site, I don't put anything in to allow for cancellation. To do so syas that cancelling is acceptable. In my contracts, cancelling is not an option - you signed a contract and I expect to complete it. If a cleint attempts to cancel, I have been advised by attorney to say "NO". I could sue for fullfillment of the contract but a clause desribing how to cancel is paramount to agreeing that cancellation is permissable. Again, I ask : why?
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Dan
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Nicole
Posts: 2855
Joined: 9/15/2004
From: Nambucca / Kempsey, Australia
Status: offline
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RE: Contract Question - 10/13/2005 18:26:35
Thanks for your rresponses everyone.
quote:
Jaybee:You could tell your client to turn on read receipt so that they can tell you've read it
Actually, besides the amount of Read Receipts received in your inbox making it a bit cluttered, I find them extremely useful both from a "balls in their court" viewpoint and also should I be pointing out something important in that email, that I've proof that they received the email for any legal reasons.
quote:
Corey: Ordinary - that could mean quite a few things to people
Actually that's the proper legal term used, perhaps it's only here in Australia and it means 2 days for snail mail.
I can understand why people don't want to put a cancellation clause in their contract, but afterall a contract is supposed to be in place to protect both parties fairly. I realise the longer a contract in time, the more necessary it may become, but for a web designer, jobs may last a week, a month, a few months, a few years. There's maintenance contracts and other contracts for specific parts of web design. There's also sub-contracts and if one of my sub-contractors refuses to listen or do as is needed, I certainly want the right to terminate that contract, therefore it's there as much to protect me as it is the client.
I'm currently contracted to maintain a site knowing that when a certain employee of my client resigns or retires, the web design work/maintenance will be written into that job description and their replacement will be taking over. That client needs a cancellation clause in their client.
Most of the clauses in a contract are common sense or just plain unnecessary as most people would know what their responsibilities are under the contract, but if they don't then it's written there.
Nicole
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