Complaints

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• Initial Complaint

  Date:08/29/2024

  Type:Product Issues
  Status:

  UnresolvedMore 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.

  Today I am reaching out in request for a partial refund of $5,795.20 out of the $7,494 Brand and ******************* contract dated between 7/24/23 - 9/30/23.This contract was signed and payed in full on 7/23/23. With understanding that we would get started after my photoshoot on 8/2/23 Below outlines the products and deliverables intended to be rendered throughout our work processes together. Items listed with a negative value were items not delivered on. Complete ***************** $2,997 - Strategy call and branding message coaching (-$599.40)- Color palette, font suite, and custom logo collection ($599.40)- Custom brand pattern and supportive element designs (-$599.40)- Custom social media templates and highlight covers (-$599.40)- Brand guidelines and brand launch strategy ($599.40)3 Weeks (Refund $1,798.20)Complete *******************-$3,997 -Strategic layout framework and custom pages -Mobile responsive and interactive design -SEO and copywriter guidance (services available upon request)-Handoff Training and launch tech support 4 weeks (-$3,997)Retainer of $500 As you can see outlined above, I was only delivered 2 fully completed items out of the 9 outlined in our contract. During our contracted time many meetings were cut short due to Alexis childrens needs. Progress reports were rare with first looks of work on 9/26/23 and Alexis also went on vacation for a time frame while on the project.I am generally an understanding person but there was a lack of guidance through this whole project. Our consultation was very lacking and did not include follow up documentation outlining the work we had agreed on. Further more, It wasnt till Dec.13, 2023 that any work was updated to our ****** Drive. Mind you this did not include ALL projects nor were they completed documents. I reached out several times to Alexis to finish the project and she not only gave me a run around but attempted to charge me more moneys.

  Business Response

  Date: 09/24/2024

  I am responding to a grievance and request for a refund after services rendered throughout the summer and fall of 2023 by my previous client. Thank you for your time in reviewing this matter.  Ive thoroughly corresponded with this client regarding her complaint, but Im happy to expand on our conversation here as well.  I am deeply sorry that my previous client feels dissatisfied with the outcome of her project as my goal is for each of my clients to be absolutely in love with their design work at the end of our time together; however, Im providing ample evidence of my willingness to work with this client during, and significantly after, her contracted project timelines to bring the project through to completion despite her unwillingness to provide the needed feedback and content required to bring the project through to further completion.  As I have gone above and beyond what's contractually required of me as a contracted service provider, a refund is not possible.

  Below, I outline the key points that substantiate this decision:

  1. Throughout the project, I have made numerous good-faith efforts to complete the work within the agreed-upon timeline. Despite my consistent attempts to obtain necessary information from the client, her unresponsiveness and delays significantly impeded progress on her project.  Ive included portions of our email conversations to substantiate this claim.

  2. The original contract we signed was effectively nullified due to the clients failure to respond in a timely manner, which is a critical aspect of our agreement. Nonetheless, as a gesture of goodwill, I did provide the client ample opportunities to continue the project together through the late fall beyond her contracted dates and provided prompts and additional support to help the client complete her part of the project when she voiced where her delays and struggles were coming from.  When it was clear that no further progress was going to be made at that time due to her busy schedule as mentioned in her emails and unwillingness to provide enough feedback for me to proceed, I provided the client with a suite of deliverables that had been completed up to that point.  These deliverables included a full suite of logos (some of which she is currently using within her email and social media accounts as evidenced in my uploaded images), custom social media templates designed inside her personal Canva account, a document detailing suggestions for launching her new branding were she to choose to do so before/instead of working with me further, and other design assets (all graphic elements seen within the website images attached were custom illustrated for this client as well).  Additionally, she maintains ownership of her website (seen in the uploaded images - which is completed except for the copywriting and final edits that she failed to provide me despite multiple requests).

  3. To further accommodate the client after handing off the existing design deliverables, I extended the offer for two VIP sessions to complete the project. While she did attend multiple preliminary planning calls and finally provided the clarity, feedback, and direction I had been inquiring about and requesting throughout our time working together previously, the VIP Session Contract was never signed, which means there was no binding obligation on my part to proceed with any further work.

  4. Because my priority is providing excellent service, and to ensure *** completed my end of our original contractual agreement, I consulted with my legal team and according to Wyoming statute W.S. *********, service contracts must outline the obligations and duties of both parties, including any limitations and conditions.  My clients unresponsiveness and failure to fulfill her obligations constitute a substantial breach, nullifying any requirement for a refund. Additionally, per W.S. 34.1-2-210, any assignment or delegation of performance does not relieve the delegating party of their duty to perform unless the assignment changes the material terms of the contract, which was not the case here.

  Given these points and the supporting evidence provided, her request for a refund cannot be honored. I have gone beyond the contracted call of duty to ensure that my client had every opportunity to benefit from our agreement. Unfortunately, due to her lack of engagement and responsiveness, the project must be considered complete and non-refundable.

  Should you have any further questions, please feel free to reach out.

  Alexis

  Customer Answer

  Date: 09/25/2024

   
  Complaint: 22200468
  
  I am rejecting this response because: As youve shown in your message you only delivered on my logo suite. The rest of the 7 outlined deliverables were not completed and or delivered as I mentioned in my original complaint.
  

  Im disappointed in your attitude and lack of ownership to how youve delayed this project. As shown in your last response your communication style is extremely wordy and vague. 
  

  The issue at hand is not about the logo but the rest of the work I payed you to deliver on. Yes its true we went over contract date and that was due to your lack of guidance and direction through this project.
  

  Much of our work was spent on my logos which came out beautifully however your process didnt allow for this to be completed till mid to late October and even then I did not have access to them till December.

  We had a clash of ideas when it came to the ** templates and you never allowed me to approve the work, as too with the website.
  

  My current website was meant to be used as a working template as it had much of the components needed to finish the work I hired you to do.
  

  I hired you to create a better user experience for my clients and to ********************** a better flow to my website with my new logo and colors.

  Something you mentioned after I hired you was I dont know much about black people (art) and that Id need to guide you through this process. Truth be told I believe this is what truly slowed down your work flow.

  Your first drawing of my logo was based purely on a stereo type of black people encompassing cheetah and other cat prints that were not found within my Panamanian culture.
  

  Once you showcased this unsavory work I redirected you to more of the art from my culture and with more research on your behalf the final logo came about.

  Learning can be challenging and it takes time. You asked me to guide you and when you were able to receive my guidance we could move forward, however when you didnt take the time to do your research or homework you ended up with a mess.

  My website wasnt completed because of lack of information from me. My website wasnt finished because you chose not to utilized the information that was present on my current website.
  

  Time and time again you wanted to reinvent the wheel and that was not what was being asked of you.

  Asking for more money to complete the job is ridiculous. You blocked me from moving forward with work due to your vacation schedule, 4am drawing/ work schedule and lack of efficient meetings as a working stay at home mother of 2. I accommodated to your schedule and yet you did not deliver.

  You were fully capable of finishing my project if you were interested in doing the work but instead you slowed down the process of creation by making it about me not giving you information.

  Out of our 7 meetings while on this project I had to initiate 5 and you still werent clear on what you needed from me to complete the projects or what you were capable of completing for me in extended contract time let alone our original contract dates.

  Your options were clearly stated to complete the project or give me a partial refund on things you did not complete or deliver on.
  

  Choosing to give up mid way through the project because it was challenging is subject for a partial refund and thats what you should have offered me if you were unwilling to grow and learn more about my business, my culture and ideas as a black human being. 

  Sincerely,
  
  ******* *****