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Madness? This. Is. A. PREMAAAAAADE!!! (long)

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  • Madness? This. Is. A. PREMAAAAAADE!!! (long)

    Ok so a bit of background. A few months back with my little design company, I started selling pre-made website templates for a fraction of the cost of a custom design package. For example, the most popular premade is $40, $80 if I have to install and code it up. A custom website, with installation, runs at least $200. Lots of the time though, its around $500 for a nicely done website. So as you can guess, a lot of people go with premades, lol.

    I also recently put up a license agreement for them, after I found out one guy took a premade and pretty much altered it into a hideous beast....while leaving my company's link at the bottom. I didn't want to be REMOTELY connected to a grotesque site like that, so ergo, a license agreement that outlines what they can change, and what they can't.

    And now, for the SC.

    It started when a month ago, a young kid bought a premade of mine for his website. Two days later, he complains to me that the template is "rigid, not custom at all". Uh, yeah...premade. Pre. Made. Of course it's not custom. Well, he asks if he can change the header image, and I said that it was allowed, as per the License agreement.

    Well after that, he complained about the content area of his homepage, and said it was pretty much blank, no cool images, customization...again, this is a premade, kid! I quote him on the image creation...he protests and goes quiet.

    Well, I find out a week later he hired another kid to alter the website. Not only had he changed the header, he'd altered the sidebar designs, the background colors, etc etc....pretty much changed the ENTIRE design. I was furious. To boot, as I logged on, I get this:



    SC: Hey Seraph, can I change the header on my site again?

    Seraph: I just looked at your website....according to the terms, you were not allowed to modify the template to that extent, without my permission. If you want a different template, you must use your own, and not piecemeal the premade template you purchased from me.

    SC: I just added a few images..a logo, some coins, some links. I asked your coder for his opinion on it, and she said it should be fine. I know it's YOUR decision and not his, but I just asked.

    SC: I really don't want to have to go through 3 templates in one month. Can I please leave it like that?


    Okay so, you just admitted you altered more than the header, stated that you know my coder doesn't make the final decisions, and yet you based your decision on HIS. Also, 3 templates? You bought one.


    Seraph: No, not at all, actually. And he told me, he told you to come and speak with me first about it.

    Seraph: You're allowed to switch out the header image, and maybe alter a couple of colors, but you're actually limited in what you can do. For example, if you licensed to use an image of Homer Simpson you can't take just his head and redraw his body. That would be changing the orignal work, which voids the licences agreement. You have to choose to use all of the material you licensed or none of it.

    SC: OK I am confused, lol sorry. You said I could switch out the header and some colors. That's what I did, so where is the problem?

    Seraph: I said possibly, with prior permission. You did not ask for it, and actually did MUCH more than that. You admitted earlier to doing MUCH more than just switching out the header.

    SC: I'm sorry. The logo is there for viewing and for me to judge it as someone made it and I had to pay for the icon and the image.. So I need to see it up there to see how it looks and I want to get feedback on it from my members.

    SC: The width I had to change to fit some things in there. I asked you about images and you said you were busy, and it would take over a week. I would have no problem buying things from you.. I just needed them, I felt like the site needed something to spice it up if you will.


    Ok, so you admit, again, you knew you were breaking the license, and that you did more than what you asked permission for. Also, how many times to I have to say, IT WAS A PREMADE TEMPLATE.


    Seraph: You could have used a test template, but still, you broke the rules of the license agreement. Both with the coding and images.

    Seraph: Due to policy, I have to ask you to revert it back to the normal one, you can use the header image though if you wish. I will allow that at least. But, I have to stick to policy, as you can understand. If I allow one person to break it, everyone will want to be allowed to break it. Then, there wouldn't very well be a reason for its existence.

    SC: I am dissapointed, I spent a lot of money with you and definitely planned to get a premium template from you. I understand about if you let me, other will want to..but the changes are not even big..

    SC: I am frustrated, as you can understand.. I have paid out tons of money and just want to settle with something.

    Seraph: You have not actually paid out tons of money, and I am slightly offended that you would state that. Most GPT owners who care about their site's image so much have gladly paid over $500 to have a design created. You paid a fraction of that, and have constantly thrown about the amount that you paid for a PREMADE. If you didn't want a cookie cutter site, than why pay for one?

    SC: I do care about my image and I did not mean to offend you. It slightly offended me that you would think that I don't care. But it's ok. I could have had that $500 design if I didn't keep switching designs, I guess you can call them "rookie mistakes". I will get that $500 design when i'm ready, but I wanted this premade to hold me over until I get ideas for a better one. I wanted to make this premade look as good as possible. That is all I wanted.

    SC: I did not mean I spent a lot of money with YOU..I actually bought other designs and coding before, twice.. Yes it is my fault and I meant overall.

    Seraph: I also care about my image, and editing my artwork and designs to the extent you have is changing my image. And I do care about your image as well, which is why I'll give you some advice.


    I'll skip the lecture I gave him, suffice to say, it was a long-winded sermon about the fact its not my problem he makes such poor business decisions, and that if he truly wants to be a good business owner, he will learn to suck it up when its his fault.


    In the end, he apologized a lot, admitted he was an arse, and promised to revert the template back. I gave him permission to alter just the background color and the header. As of the writing of this post though...he still hasn't changed it back. :P

    I'll be checking back on him today, and if he doesn't adhere to the terms by this evening...well, let's just say I have his hosting provider on speed dial.
    By popular request....I am now officially the Enemy of Normalcy.

    "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

  • #2
    And since he's violating the agreement, you legally dont have to refund him a penny of it, do you?

    That kinda warms my cold little heart.

    Comment


    • #3
      Of course I don't. He could kick and scream, and he wouldn't get a red cent back in his pocket.
      By popular request....I am now officially the Enemy of Normalcy.

      "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

      Comment


      • #4
        What an idiot.

        He spends a lot of money on stuff he doesn't even know if he can use (or if he even wants it) and then cheaps out with you, but tries to treat you like the person he spent all the money on.

        ^-.-^
        Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

        Comment


        • #5
          Quoth Andara Bledin View Post
          What an idiot.

          He spends a lot of money on stuff he doesn't even know if he can use (or if he even wants it)...
          This phenomenon is rampant in the tech industry. I talked to one customer who had hosting service with our company for a YEAR before he finally called and asked what exactly we did. When I explained what we do and how to get to his control panel, he cancelled service because he thought we were an ISP.

          Everyone wants the latest and greatest, but they don't know why or what they're going to use it for.
          Coworker: Distro of choice?
          Me: Gentoo.
          Coworker: Ahh. A Masochist. I thought so.

          Comment


          • #6
            *shakes head*

            I'm so glad the people that run the company I work for understand enough to know what they don't know and how to get to people who do know, and then listen to those people.

            ^-.-^
            Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

            Comment


            • #7
              Wow, what an idiot. It sounds like it might just be because he's young and doesn't get it yet, though - but at least he can't get any money back.



              On a side note:
              Quoth Seraph View Post
              A custom website, with installation, runs at least $200. Lots of the time though, its around $500 for a nicely done website.
              That sounds... incredibly low to me. It might just be because I'm based in (really big city) and because the other web designers I know are doing mostly corporate work, but I'm more used to hearing contracts in the several thousand range. I hope that your low pricing is for really simple sites and small home business types, because otherwise I'd worry that you're under-changing.

              Comment


              • #8
                Quoth UncleImpy View Post
                That sounds... incredibly low to me. It might just be because I'm based in (really big city) and because the other web designers I know are doing mostly corporate work, but I'm more used to hearing contracts in the several thousand range. I hope that your low pricing is for really simple sites and small home business types, because otherwise I'd worry that you're under-changing.
                LOL, it is a little of both. Unfortunately in a little niche that I have cornered atm, what I charge is considered "exhorbitant". I had some woman flip her LID at me because I told her it was an extra $2.00 per image for something she wanted. Called me a gouger, and whatnot.

                But yeah, they're mostly simple sites...thank god.
                By popular request....I am now officially the Enemy of Normalcy.

                "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

                Comment


                • #9
                  Quoth Midorikawa View Post
                  This phenomenon is rampant in the tech industry. I talked to one customer who had hosting service with our company for a YEAR before he finally called and asked what exactly we did. When I explained what we do and how to get to his control panel, he cancelled service because he thought we were an ISP.

                  Everyone wants the latest and greatest, but they don't know why or what they're going to use it for.
                  Yup.

                  And those of us who works in the tech industry also do take advantage of this...

                  Make it NEW and SHINY and people will buy it! Doesn't matter if it works or not, doesn't matter if they need it or not, they will buy it because its new and shiny.

                  Oh, and if you stick some random LED's on there that blink and flash for no good reason, people will murder each other to buy it.

                  Comment


                  • #10
                    Quoth Hyndis View Post
                    Make it NEW and SHINY and people will buy it! Doesn't matter if it works or not, doesn't matter if they need it or not, they will buy it because its new and shiny.
                    I have a co-irker who is a blithering idiot who absolutely must have new shiny gadgets on a regular basis. She's paid more in termination fees that I've likely paid for my entire annual phone bill.

                    ^-.-^
                    Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

                    Comment


                    • #11
                      Someone did a study once on buzz words showing up in company and product names. The odds of a new tech company having "nano" in its name aren't as strongly correlated to whether or not they're doing nanotechnology as you might hope.

                      Comment


                      • #12
                        Quoth Hyndis View Post
                        Oh, and if you stick some random LED's on there that blink and flash for no good reason, people will murder each other to buy it.
                        I've thought for quite some time that I must be a very strange person, because LEDs that flash for no reason (especially rapidly-flashing pins and cellphone charms) make me want to grab said item and smash them until they stop flashing...
                        It's little things that make the difference between 'enjoyable', 'tolerable', and 'gimme a spoon, I'm digging an escape tunnel'.

                        Comment


                        • #13
                          Quoth Hyndis View Post
                          Oh, and if you stick some random LED's on there that blink and flash for no good reason, people will murder each other to buy it.
                          That's because the majority have short attention spans and like shiny glittery things. We're kinda stupid like that.

                          Quoth LadyAndreca View Post
                          I've thought for quite some time that I must be a very strange person, because LEDs that flash for no reason (especially rapidly-flashing pins and cellphone charms) make me want to grab said item and smash them until they stop flashing...
                          But...but....SHINY!
                          Now a member of that alien race called Management.

                          Yeah, you see that right. Pink. Harness.

                          Comment


                          • #14
                            Thanks; now I know who to blame for my router keeping me awake with the blinky lights.
                            Now the trouble about trying to make yourself stupider than you really are is that you very often succeed.

                            Comment


                            • #15
                              *minor threadjack, sorry*

                              My landlady once worked in a place where the big huge showy router in the corner did absolutely nada. Its only purpose was to be there with all sorts of flashy led lights. This was apparently a desperate attempt by IT to confuse the corporate inspectors that the location was handling more traffic than it was. The router was nothing but a shiny flashy decoy.
                              Me to a friend: I know I'm crazy, you know I'm crazy, the zombies at the end of the world will know I'm crazy. Thus not eating my brain for fear of ingesting the crazy. It's my survival plan.

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