Contract or Email?
@PointlessQuestions (15397)
United States
August 28, 2011 5:48pm CST
Well, I THINK we are finished with our project of 45 articles.. we had to write them and then we had to hand spin them... with flat spinning and finally we did about half of them with nested spinning. It was sooo challenging, because if one little { or } or | is out of place the software won't read it... and oftentimes I find a \ instead of a } or a [ instead of a {... so in order to proof for these mistakes I have to take them out of the software and blow them up into my word processor to about 22 points so I can see everything easily... but my eyes still hurt from the strain...
Anyway... I put the last one through the software and it took about an hour to find what was wrong.. but once I found it, the software read it perfectly and gave me a good percentage of originality.
I'm so glad that is over... although.. if we have an edits .. like if the client doesn't like something we may have to go back to the drawing board and do some rewrites... now that is very hard after if is spun to death.
I'm so tired I want to go to bed for the night already, but it is just 6:41 PM.. so I think I will just take a rest and then get up and go for a walk later and just hope to feel rested.
What is really frustrating is that the client seems to want to make changes as he goes along... and we have all the articles written and then decides to change something and we have to go back and edit... that drives me crazy.. Oh.. and the client knows the price of the work, but is trying to get a discount... just trying to find things to complain about so he can get a discount.. when we followed his directions implicitly and did all the articles before he changed his mind how he wanted it done. To bad.. so sad... better luck next time...
I really think we need to nail the client down to specific instructions and hold him to them so that we don't have to go back and rework everything. And if we do have to do rewrites we should get paid for the work we did because it was according to plan.. and then get paid for the rewrite if he wants a change.
I think a legal contract should be done.. but my boss says email conversations are legal and binding...
What are your thoughts? Is email enough or should there be a contract?
2 people like this
10 responses
@RitterSport (2451)
• Lippstadt, Germany
1 Sep 11
Poor Pointless Questions I am sorry about you going through such a hard time with the work for the client.
I think a real contract should be there for sure. I mean I have done some translating for a guy in USA who is quite wealthy and works in a publishing place but I only got paid for part of the first book, and didnt even get paid for what I started with the second book. although I am a German Native and he wanted a translation from English into German he was really picky and the first book is not yet on the Grman Market, even, so I think he also was a hoax..... how do I get people to translate for me for free......... so I personally would never again work without a contract.
1 person likes this
@PointlessQuestions (15397)
• United States
1 Sep 11
That's awful RitterSport. It has been awful. I'm hoping to get paid by next week. My boss has been working to get the invoice together. It has been very hard waiting for 2 months to get paid.
@SpikeTheLobster (6403)
•
29 Aug 11
You should always have a clear spec before you start work if it's a big job. Otherwise you're opening yourself to scope creep, which means you spend forever reworking.
The simplest route would be to put together a template of the things you need to know before you start. Get that filled in and it's binding. Anything outside that template is outside scope. It looks less like a contact, but it is one. 
1 person likes this
@PointlessQuestions (15397)
• United States
1 Sep 11
Hi Spike. For sure the client has been changing the scope as he goes along. I think we need a contract with everything spelled out.
@PointlessQuestions (15397)
• United States
29 Aug 11
Yeah, Steph, I believe the same thing. I think if things were nailed down in a contract he couldn't keep wiggling and saying something else.
@Hatley (163776)
• Garden Grove, California
29 Aug 11
hhi Iwould really ask for a contract on something that large
p ointless questions. but why do all that spinning as does it
not ruin original work, not that I am an expert on article writing
as I a only an unpublished fiction writer.I have seen some articles that had been spun so much they made no sense at all. You sure
have a fat big project but its sad to have someone constantly
wanted to revise it and making extra work for you.I hope they pay you the price you had agreed on.Yes you need it all down in black and white for everyone's sake especially your own., good luck and God Bless. hugs from hatley.
1 person likes this
@hardworkinggurl (37063)
• United States
29 Aug 11
Hi PQ! My understanding that email is enough, so as long as the person you are dealing with can be reached if by chance there is an issue. Email is very credible in court and can be used as evidence. I am like you though as I too would prefer a contract but if all is spelled out in the email I would be okay with it as well.
With your situation, I would also suggest a contract only because unless the emails are consecutive threads of continuous changes and agreements it may be hard to follow and or he may later turn around and say that he sent an email and none was received. So that in itself can be tricky because he will try work arounds and delay things more. Now if you lock him into a contract, it should also state something about how to handle any "email" changes later, if any.
Congrats as it sounds like you had a huge successful project.
1 person likes this
@PointlessQuestions (15397)
• United States
29 Aug 11
Hi HWG.
Yeah this client has a client who ordered all this writing. He tried keeping costs down and only asked for minimal spinning. Then he asked for more but didn't want to pay the agreed upon price so we lowered it. Then he asked for more and then he started making other changes after we got all the articles written. Now he is concerned about paying for all the word count when he kept asking for more to be done.
@rambansal (574)
• India
29 Aug 11
Email messages are not legal contracts but sufficient for moral bindings on two sides.
I feel sorry for you getting so much tired and having strained eyes. I suggest just share your burden with others you trust...
@PointlessQuestions (15397)
• United States
29 Aug 11
This one is hopefully all done now and we can get paid. Then we can get started on new things.
@Professor2010 (20162)
• India
29 Aug 11
Hi sister
About which software you are speaking?
I get messages from bank, insurance company etc via email, it says, 'this is a computer generated statement, doesn't require any signature',
but i think this document is not valid legally, anybody can type and print one..
may i suggest to go for new spects after checkup, this will help reduce eye strain..
Thanks for sharing
Have a nice day ahead.
Professor ‘@Bhuwan@’. .
@Frank2011 (5)
• China
29 Aug 11
Contract is necessary before an final plan made. I think a face-to-face conversation can be efficient and more propitious for changing ideas. If it is not available, a telephone meeting can substitute the face-to-face talk. Of course, email to confirm what the clients want and your apprehender can be binding. If the client wants to change what he has told you, then you can charge him for the extra working to meet his need. That is the process that I deal with a new case. Maybe you can take it for a reference next time.
