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Author Topic: Failed Payments  (Read 871 times)

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Offline advanirajesh

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Failed Payments
« on: May 26, 2016, 02:47:18 AM »
Hello,

I need experts' advice on the following:

I registered a domain name, hosting service and designed a website for a client in New Delhi. Terms and Conditions were agreed upon email, and client had asked for some additional time for payments, which was agreed by me.

I followed up with the client for some time, after which I received a post dated cheque, in the personal name, instead of company name, of part payment (less than 50%) towards the services provided. The cheque was deposited in the bank, and it was dishonoured. I still have full control on the domain name and the website.

a. After warning the client, I have suspended the website and thinking of forfeiting the domain name after deleting the data.
b. I want to post the message on the website: "THE WEBSITE HAS BEEN SUSPENDED DUE TO NON PAYMENT TOWARDS THE SERVICES."
Can I still sue the client for dishonoured cheque, after taking the above steps?

I do not want to let the client go away easily with this.

All advice appreciated.

Thanks in advance.

Offline advjaibansal

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Re: Failed Payments
« Reply #1 on: May 26, 2016, 03:26:37 AM »
Dear Sir,

Let the domain continue to work if you wish to file a complaint under section 138 of Negotiable instrument act. You may issue a legal notice for dishonour of cheque then file a complaint case in court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advanirajesh

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Re: Failed Payments
« Reply #2 on: May 26, 2016, 04:24:31 AM »
Thank you Mr. jai, for your reply.

As shared, I have already suspended the domain and notified the client. Should I re-enable it and send the notice to the client?

What do you advice?

Offline advjaibansal

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Re: Failed Payments
« Reply #3 on: May 27, 2016, 05:49:44 AM »
Dear Sir,

If you want to recovery your dues for the work done. Then you have show that you have done the work. By suspending the domain, you are trying to create that you have done the work then removed it. Hence, its more advisable to run the domain then sue him for the work done.

You may get the money for the work done and client will get the work.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline advanirajesh

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Re: Failed Payments
« Reply #4 on: May 27, 2016, 10:46:35 PM »
Thanks again, That sounds logical.

I am bothering you a little more.

1. I have communication where client accepts that the work is done. However, I can put the work back on domain and inform the client that we are proceeding for legal action, hence the work done is put back.

2. Alternatively, I can put the work on a different domain (my personal). Will that work?

Thanks again for all your advice.

Rajesh

Offline rajgopal sripathi

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Re: Failed Payments
« Reply #5 on: May 28, 2016, 02:31:12 AM »
Hi Rajesh
With reference to your query, you were contracted for
A) Domain name registration
B) Hosting and
c) Web design.

1) With reference to Domain name registration, your client will be the owner of the Domain name and your role will be relegated to that of System administrator only.  So technically you cannot suspend the Domain name or make any comments on the website.

2) However you can suspend the hosting of the website in the public server and instead can host it in Your server.  Your server will then become a production server(internal) and then host the contents in public domain once you receive the payments. 

3) You should issue two notices to your client.
a) Notice for cheque bounce  u/s 138 of Negotiable instruments act and
b) Notice for suspension of hosting plans and content deployment till such time the payment is made.

Once you do all of the above, you will be on right track and can protect yourself from any legal action by your client.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advanirajesh

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Re: Failed Payments
« Reply #6 on: May 28, 2016, 04:20:57 AM »
Hi Rajgopal,

Thanks, that was a helpful information.

1. I would like to clarify, though I was approached for domain name, I have not been paid for the same. Do I still have no rights over the domain name?

2. Is there a standard format for notices, or I will have to approach a legal advisor for that?

3. Can these notices be sent by email, as all communication so far has been on email.

Many thanks for all the help.

Rajesh

Offline advjaibansal

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Re: Failed Payments
« Reply #7 on: May 30, 2016, 05:26:35 AM »
Dear Sir,

You need to get the legal notice issued through some lawyer. Please approach some lawyer, who can assist you in recovering your due from the client.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline lexcare

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Re: Failed Payments
« Reply #8 on: June 10, 2016, 10:33:46 PM »
Approach some lawyer, who can assist you in recovering your due from the client.

 

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