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Tuesday, June 14, 2016

You Did The Work But Lost The Contract! Now What? Solopreneur Must Have And A Personal Rant!




It's been a short while since my last post and of course it was inspired by this Freelancer, Soloprenuer and Small Business life that teaches you lessons on a daily basis.  Today I will share just one tip to varying degrees as well as rant on a bit about my recent experience.

I have often posted on how Freelancers can be undervalued and the truth is that no matter what niche or specialty I happen to be working with or in, I continue to grow as a result of  my experiences.  One topic that I can't recall covering in this blog is "Contracts".  Perhaps I did and you can simply gloss over this post, if I haven't or you have not read any previous posts, you'll want to stay-tuned and read this one.

Contracts Are A Must Have

So let us get right to it. Whether you are a Freelance Web Designer or Music Producer, Virtual Services Provider or any other provider, having a contract between yourself and your client is an absolute must. Whether it is enforceable is completely up to your jurisdiction  however, it can only help you. The fact is that many of us have begun or continued to work for a client whom has either not made a deposit or has not fulfilled their payment obligations, it's just a given when you're running a small business or a one-woman (one-man) show and it's bound to have happened or to eventually happen. Save yourself the trouble of unpaid work and grab yourself a contract at the door.  Some clients may tend to get offended at the request for a contract however, if my experience serves me correctly, those are specifically the clients that are likely not to pay or fulfill payment terms. At the worst, this will help you weed out the serious paying client versus those that are shopping around.

A Friend Of  A Friend? Yes, A Contract Is Still Absolutely Necessary!


I have had the misfortune of falling into this gap at least twice and in fact, I just recently discovered that I have completed hours of free work, only to find that the client went ahead and contracted elsewhere to have the work completed.  I completed over 30 hours of work on a website, of which the only hold-up, was that the client needed to give me additional information and now I have nothing to show for it. After several emails and commitments to provide me with some of the most basic items needed in order to complete the site and tie it all together, I didn't so much as get an email back. Needless to say, this client now has an unfinished website, albeit a website nonetheless that was created by another provider. Meanwhile, I am stuck with hours of unpaid work and a domain that I purchased in order to host the website template on as I had never even gotten the login information for the client's hosting account (not very bright on my part).  

I was astonished as I had only been told that the client was pulling the balance of pictures and funds together and after a while had passed, I just assumed that the client ran on hard times and needed to gather themselves. Whatever the real story is, the fact of the matter is that I did a ton of work for which payment was and is still unaccounted for. Of course, this work will end up on my write-off pile because, lets face it, I don't have the time or energy to even bother questioning this client as communication wasn't ideal from the onset. If I am being honest, I had to laugh because had the client and I not had a mutual friend in-common, I would definitely not have been in this situation.  

To add insult to injury I am a female as was the client and I remember thinking "so much for girl power". We are here to build each other up, regardless of gender but it's truly the "wrong end of the stick" when women in business do not respect each other's gifts and talents. Without the mutual friend, under normal circumstances I would have had a signed contract and a deposit. The lesson learned with this client is that I will ensure that all clients, whether referrals from a friend or not, will have to sign a contract for my services. No matter how nice they are or how much I actually like the person and their work, I can't afford to do free work, nobody can and no one should be expected to. It's a matter of principle, class and professionalism and it's our jobs as Solopreneur's to enforce that which will ultimately benefit us in a positive way.

Moving On, Where Can You Find Contracts?

You can find Contract Making software quickly and easily online, there is no excuse in this day and age not to be able to locate this information online. Google is a hell of a business partner and you can literally find anything online or at least the instructions to anything online.  Here are three links for Contract Making software online:

FreelancersUnion I am a member and LOVE their resources page
LegalContract (great for Independent Contractors)
TidyForms (They have multiple types, I would use "Service Contracts" and edit.

What To Do When You've Lost The Contract

If you're experiencing the same situation that I just found myself and did not have a contract, I would suggest contacting the client and exhausting every avenue of communication. Call them, send a fax, send an email and send a letter. If all of that fails, contact a local attorney.  Depending on the amount owed, you might not want to expend additional finances or resources to hire a lawyer so play it by ear. In most cases a lawyer will charge you a few bucks to send a collection letter on your behalf. If that still doesn't work, head to small claims court. There are many ways to communicate non-payment to a client. In the story that I shared above, I will not be taking any action however, it will re-enforce my absolute desire to apply Contract terms to every preceding client and rest assured that future non-paying clients (if I am so unfortunate) will receive all of the above.

There You Have It

There you have it, my personal story along with a tid-bit or two on the necessity for a Contract and where to easily find one. Let's make sure that we put these to good use and end 2016 with a bang. Let us not be taken advantage of whether purposeful or by circumstance. At the end of the day, non-paying clients are a dime a dozen and are plentiful, by enforcing our own contracts we will have a higher success rate and be able to at least attempt to hold parties accountable. A lot of our business as Soloprenuers and Freelancers or Small Businesses comes from word of mouth however, that doesn't mean that ever referral is a solid candidate to do business with and or for. Contracts to the moon and back.

Til Next Time,

Casey





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