Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:01/11/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I contracted with *************************** dba Real *** Elaine LLC dba Get Branded Co to create a digital planner with the option for print on 10/6/22. The contract included the terms of our agreement including the completion timeframe 2-3 weeks (up to 21 business days) . *************************** also signed a non disclosure agreement in order to protect my intellectual rights including any ideas or information discussed during this project. The noted cost was $1890 which included design cost of $1200 and $690 copywriter fee. A deposit of $945 was paid on this same date. A zoom call was scheduled on 10/10/22 to discuss the planner design. I received an email on 10/27/22 advising I would receive cover options that weekend. I followed up by email on 11/1/22,11/23/22,and 11/27/22 due to no cover designs being sent by ******************. I also requested a refund on 11/23/22 because it was obvious ****************** had not started on the project. She declined. I was eventually sent a subpar planner mockup designed equivalent to a $59 etsy/canva template with misspelling that could have been fixed with a simple spellback. Absolutely no effort was put into this design. I was forced to file a dispute with my bank bc after two months the planner was still not completed. *************************** became upset and sold my planner ideas/concept to a previous customer. I was also informed by my bank *************************** informed her bank she still wishes to complete project in an attempt to keep the disputed amount of $945 deposit. A final demand email was sent to *************************** 12/17/22 requesting a completed planner design. She advised the planner would not be provided. I would like *************************** to be honest with her bank and refund my deposit immediately! I also later determined *************************** is operating multiple businesses from her home with no business license. Email correspondence and pictures can be provided upon request.

  Business Response

  Date: 01/16/2023

  First and foremost, I am utterly disgusted & disappointed with the lies spewed by ************************* of Posh Vixen Boutique and MissSheo located in ******, *******, where she conducts business from her home. After reading the complaint submitted by ************************* (which was submitted solely to be spiteful and evil spirited, as an opportunity for rectification was granted to ************************* on numerous occasions) I would like to clear up a few of her discrepancies and clarify why at this time a refund WILL NOT and CAN NOT be submitted on this issue. 
  I have been in contact with ************************* since January 2021, where ************************* has completed & submitted a number of inquires expressing the desire to work together but unfortunately was never prepared to move forward.
  On October 1st, 2022, ************************* submitted an inquiry form requesting that a digital planner be designed for her business coaching business MissSheo where she is taking regurgitated information, repackaging it, and offering it to her audience. 
  On October 6th, we began the project where ************************* signed a contract to begin a digital planner and opted in to receive the services of copywriting, where myself and a freelance copywriter comes together and provide ALL the wording, layouts, and ideas, for the particular service, in this case a digital planner. 
  ************************* requested that I sign a NDA to protect her intellectual property, and I obliged solely because NO INTELLECTUAL PROPERTY was provided by ************************* and I assumed it was done in efforts of cosmetics just to say that she asked me to sign a NDA. Unfortunately, this design of the planner did take longer than expected, which ************************* was notified of via email and expressed no disdain or desire to cancel the project, as she seemed understanding. 
  Keep in mind ************************* did opt in to receive copywriting services which means NO INTELLECTUAL PROPERTY WAS REQUESTED OR USED FROM ************************* as all the wording, titles, charts, graphs, etc. used throughout the digital planner was done by myself & a copywriter. 
  When ************************* submitted her initial deposit and signed her contract, she agreed to a number of things:
  No refunds under any circumstances.
  Your turnaround time for your first draft not being submitted until all information was received by client (In this case the client's photos & the questionnaire that was sent to client to complete the project)
  Forfeiting the rights to ALL WORK SUBMITTED, if client decides to cancel the project or doesn't submit final payment (which ************************* did not, and decided to submit a dispute with her bank on December 9th)
   And a number of other things that arent relevant to this issue. 
  ************************* and myself had an initial Zoom call where I took notes on the general things that ************************* may have wanted to include in the digital planner, such as a monthly layout, or charts and graphs, in the forementioned questionnaire that was sent to ************************* she was asked to provide detail information to give instruction on how she would like the planner to be designed, as the designer I used the information provided to me to design a planner that I believe would have fit her target audience, the instructions left in the questionnaire, as well as keeping consistent with the style of graphics and branding that ************************* already has published with her business MissSHEO.
  Unfortunately ************************* was not satisfied with her designed and expressed that on a Zoom call where I also expressed that my goal was to be sure that she was happy, and I was willing to do ANYTHING to provide the look and feel that she desired, so much so that when ************************* expressed that she wasnt satisfied, I requested that ************************* provided me with DETAIL instructions and inspiration for the look and feel she desired (which was requested in the beginning of the project, yet ************************* decided to provide vague and unclear instructions, and asked that I took creative control.) She then sent me a number of screenshots from old work that I had done for clients and work from other businesses, asking that it be done in those same manners. I advised ************************* that I will not be copying the works published for other businesses but will try my best to provide what you are looking for, DESPITE what she was asking for not being my style of work. 
  After a couple of minutes of back and forth via email with ************************* we decided together, that I would go in and make a full revision to the planner design, to be sure that she was satisfied! My only request was that ************************* provided her list of revisions in a timely manner so that it may be done in a timely manner, which was not abided by! Yet and still, I pushed forwarded with her request, with a desire to make sure she was satisfied.
  Keep in mind that at this point ************************* has not expressed interest that she no longer wanted to continue on with the project or desired a refund, we were still in communication via email at this time. 
  As I am actively making changes to the digital planner, I updated her on the progress via Dropbox where she responded that she loved it and I was hopeful that I was finally capturing her vision and would be able to provide her with her wishes, not even a couple of days later I was notified by my payment processor that a dispute was filed by ************************* in the amount of $945 (the initial deposit) where the funds were IMMEDIATELY deducted from my account and held by ************************* bank until a decision was made on how the bank would like to move forward and is still being held at this time with a resolution date of early February 2023. 
  
  Being that ************************* filed a dispute right before the holidays, and in effort to make back the amount stole from me by ************************* and her bank, the digital planner I designed was offered as a premade design to my audience as ************************* had no rights to the design or the contents of the design because final payments were NEVER MADE (per contract) and the right to the files were forfeited when the dispute was filed! That was my right as a business owner and designer and is common practices in my industry for unused works or concepts.
  At this point, confused, hurt, and disappointed that as both of us being small black business owner, to be put in such a hard spot during the holidays when I was under the impression that all was well, and we were moving forward with the project, where I also offered to complete MORE FREE WORK for ************************* because I didn't want her to have a negative experience, I emailed her asking the reason for the dispute and requested that she provided clarity and included screenshots of the updated planner. ************************* immediately became hostile and extremely rude! After going back and forth with ************************* in a number of emails, I decided to stop responding, as at that point there was nothing I could do. I wished ************************* the best and ended the conversation, as it was now an issue with her bank and my hands were tied.
  Hours later I received ANOTHER email from ************************* apologizing for her behavior and choice of words, expressing that she still wanted to continue on with the project, where I also responded apologizing as this was NEVER the experience I wanted ************************* to have, where we both agreed that I would provide her with the final planner design but to do so ************************* would have to first contact her bank to reverse the dispute and provide me with the certified letter that her bank was to provide stating that the dispute was reversed so that I can provide it to my payment processor, get the funds released and provide ************************* with the final project files, as well as offering to discount the final payment for her troubles, AND the free graphic design work that was offered, DESPITE not having done anything wrong on my behalf. ************************* agreed to do so, and I was under the impression that she would. 
  To my surprise, after not hearing from ************************* for almost a week, I received ANOTHER email from ************************* demanding that I provided the final files for her project. Confused again, it was at that time, fed up and disgusted, I advise ************************* that I no longer had the desire to work with her, be cordial, or professional, that demanding anything from my business was absolutely insane behavior, and asked that she no longer emailed or contacted me again. Keeping in mind that a dispute is still in order! At that time, I blocked ************************* from being able to further email me.
  That is what led us here to this BBB complaint. I can not provide ************************* with ANYTHING at this time as it is now a matter of her bank. ************************* mentions me running a business from home or with no license as another jab to my credibility, despite doing this for over 10 years and NEVER experiencing a customer like this. My business was closed down as I decided to move into freelance work and accepted a job at an agency. Which ************************* was also made aware of via email, despite it being none of her business I still offered the information as an act of personalty and to provide clarity on the initial timeline change.
  I am beyond disgusted with the behavior and lengths ************************* has taken this issue despite my NUMEROUS EFFORTS to rectify her initial disdain for the design, even with the continual jabs and insults on the designs and my creative ability. If ************************* did not like the style of design or how I chose to express my creativity, then why would show interest to work with me since JANUARY 3RD OF 2021? 
  ************************* has conducted herself in a very distasteful manner and I can only hope that even with extreme rudeness, jabs at my business, and insults to my crafts that she finds it in herself to be truthful and leave myself and my business alone. 
  
  Please, disregard any typos, brevity or grammatical errors of this response, as it was typed in frustration and disappointment.
  Screenshots of the email correspondences, and a copy of the contract, can be provided upon request.