DH Templates

Is this bad business on my part?

OK... I design websites. I do not sell templates. As a matter of fact it is all over my website that I do not do templates, ever. But a little over a year ago a new client came along and said he was looking for a template. He said he wanted a website built that looked cool and that he would update it. I never told him I would give him a template, as a matter of fact I told him that he seemed like a busy guy and that I would be there to do the updating of his site for him. So what I offered him (verbatim) is: ********* $365 Includes: 5-7 page site designed and implemented Hosting if needed Up to 100 Email Addresses (if hosting with me) Flash Design (2 max) Logo Design and / or Manipulation Contact form on site (PHP) Free Updates for the existing content of the site (once site is designed and implemented) 1 Year - 24/7 Support (just email or call me anytime for any reason) Submission of your URL to over 200 Search Engines quarterly After one year, if you like to continue my services I just invoice you an additional $365 on the 1 year anniversary date. ********** Now... The anniversary date has passed. I sent 3 invoices to the email address of the guy that started this agreement. I sent a 30 day notice, a 7 day notice and a 1 day notice. There was no reply to any of them. I waited 10 days after the account was due to be renewed because that is what I say I will do in my Terms Of Service. And on this 10th day I filed a DMCA (copyright infringement) with the company that is hosting his site. I did this because, again, I do not do templates. And in my TOS it says: ********** All web site designs developed by and implemented by <my real name here> will remain the Intellectual Property of <my real name here> and domain names purchased by <my real name here> will not be transferred to the Customer if at any time either <my real name here> or the Customer cancel the Customers account, or the Customer violates any credit terms or other terms associated with this agreement and or their account. ********** and ********** Any artwork, images, or text supplied by and / or designed by <my real name here> on behalf of the customer and / or for use on the clients website, will remain the property of <my real name here>. ********** Among other things. I do not sell templates, I sell a service. If someone thinks they bought my designs, I'm sorry, but they didn't, and I have gone out of my way to make this clear. Anyway, today I get a call from someone else that works at the place I did the site for, actually the owner. He tells me that the person I was working with is no longer with his company, and the whole time he thought what they purchased was a template. I explained to him what I just explained here and I told him that I would sell him the design outright and royalty free for $99. He talked me down to $75. Which is cool. I just don't like my work out there, and people hacking it up and making it look bad which makes me look bad, which is one reason why I hold the rights to my work. The other reason is, since I don't do templates and every site is designed from scratch there is much more work involved, and if someone is done with their site, moves on to another company or whatever, then I am free to take that design with me and sell it to someone else who may have similar needs. I have been doing webs now for over 10 years, and this is honestly the very first time I have been in this situation. I kinda feel like a jerk, and although I had no intention of misleading anyone it appears that there was some confusion. But all in all I think the offer of buying my design for only $75 is a sweet offer to resolve the situation. Am I being a jerk? And if I am, do you think it's justified? Let me know, I really want as many opinions as possible. Thanks

Public Comments

1. sounds like a misunderstanding... it was all there in your TOS, if they didn't like it (or didn't read it) it's their problem. $75 for a static site isn't bad, I guess. It's not $365, but it's some cash in your pocket.
2. For starters, your client specifically ask for templates, you said you don't do templates, so why didn't you tell him that and continue doing business with him? That's a mistake on your part, it could be a honest mistake. And if you ok with the $75 and the owner ok with paying you the $75, then I don't think your a jerk, you both agree to it so both of you are happy with the outcome. Therefore you don't need to feel bad about it, mistakes happen all the time, it's what you do that make it if it's right or wrong.
3. No, I don't think you acted like a jerk. Although you don't do templates, you did disclose that "Any artwork, images, or text supplied by and / or designed by <my real name here> on behalf of the customer and / or for use on the clients website, will remain the property of <my real name here>" then, they did not have legal right to use that template after that one year. Since the guy you were dealing with no longer works at that company you can't talk to him about your original arrangements. You did right (although it goes against what you are about) to just offer this guy a sweet deal and move on.