Complaints

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• Initial Complaint

  Date:12/05/2022

  Type:Customer Service Issues
  Status:

  ResolvedMore 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.

  On July 27, 2022 I paid Instinctive Branding, Inc. $5,049 for the following services: website design / development, web hosting for 1 yr, domain name, logo design, monthly website maintenance for 1 yr, business cards, art design, and photo shoot. To date, none of the services have been provided by Instinctive Branding, Inc. I have requested to initiate these projects with Instinctive Branding, but no progress has been made. I have requested a full refund from Instinctive Branding, Inc, but I do not get any replies.
  Date of transaction: July 27, 2002.
  Amount paid: $5,049.
  Instinctive Branding Inc committed to: website design and other associated services.
  Nature of dispute: No progress has been made by Instinctive Branding Inc. Additionally, the company will not communicate with me. I've requested a full refund, but the company will not reply to my request.
  Instinctive Branding Inc has not attempted to resolve the issue.
  My invoice number is: *****

  Business Response

  Date: 12/21/2022

  In response to this, here is a timeline of events.
  Mar 31, 2022: We were first contacted for an appointment via Zoom scheduled for April 5.
  April 5, 2022: Had a meeting to discuss need. (Meeting 1)
  April 9, 2022: We sent a proposal for review based on what we discussed.
  July 15, 2022: The proposal was signed and sent back.
  July 26, 2022: We met via Zoom sharing that we needed content. (Meeting 2)
  Sept 15, 2022: We met via Zoom and asked for specific content. Created communication channel on Slack and invited client to keep communication in one place. (Meeting 3)
  Sept 16, 2022: Client joined Slack channel.
  Nov. 10, 2022: Client emailed asking for update (I didn’t see this email until forwarded email on Nov 13).
  Nov. 13, 2022: Client resent email from Nov 10
  Nov. 14, 2022: Responded to client email asking for content. No response to this request for content.
  Nov. 20, 2022: Client emailed asking for refund and shared that he had already engaged another firm. This does not qualify for termination as specified in the termination clause in our signed contract. See below.
  Nov. 21, 2022: Responded to client. Shared about work done and terms of contract, sharing that we were committed to completing his project. 
  Dec. 15, 2022: Client removed himself from Slack channel.

  
  The client attached our proposal. Our signed contract reads as follows:
  TERMINATION This Agreement may be terminated if the following occurs:
  1. This Agreement will be terminated immediately if one of the Parties breaches this Agreement. More specifically, it will also be terminated if one of the Parties breaches a condition set forth in this Agreement without amending it within a period of 30 days.
  2. This Agreement can be terminated at any given time by providing a written notice to the other party 30 days prior to terminating the Agreement.
  3. This Agreement will automatically be terminated when both Parties complete their obligations.
  
  There has been no breach of this agreement on our end. We have not refused to communicate. Progress has been made as we built the shell of the website and we shared with them that we need the content to continue. We also shared that we had logo options to share. We saw no communication via email after this. No phone message. We set up a private channel in our communication tool (Slack) that tracks all communication so that we don’t miss anything and there is no communication there. The client removed themselves from the channel on December 15 (see attached screen shot). We can't fulfill our obligation without their information. 

  Customer Answer

  Date: 12/23/2022

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  During July 26, 2022 meeting Instinctive Branding stated they would set up a follow up meeting for the following week, but failed to do so.

  August 9, 2022 I requested Instinctive Branding to provide details regarding what was needed from me in order to proceed.  Instinctive Branding replied on August 9 stating that they would "get a complete list and shoot it over" but failed to do so. I submitted the same request on September 12, 2022, and still did not receive a reply addressing the "complete list".  I've never received any details regarding what information Instinctive Branding needed from me to proceed. 

  Sep 16, 2022 I provided Instinctive Branding my username and password, for another site, so they could migrate my domain - per Instinctive Branding request.  Instinctive Branding didn't do anything to move my domain from one site to the other - as they stated they would.

  Nov 14, 2022 received mail from Instinctive Branding stating that "I'll check with my team" regarding content requirements.  Never heard anything back. That was the last correspondence I received from Instinctive Branding.   

  There are some key inaccuracies with the reply from Instinctive Branding to BBB.  

  I'm able to provide all written correspondence between Instinctive Branding and me.   

  The lack of progress is a definite breach of contract.  The lack of communication from Instinctive Branding is a definite breach of contract. 

  I'm requesting a full refund from Instinctive Branding.  
  
  
  
  Sincerely,
  
  
  
  ***** *****