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The client Bazi Dukhan ( Basdaeu Anirudh Dukhan ) of Bazi Dukhan Consulting Engineers cc, Durban North, KZN, has abandoned a Corporate Identity Design project with us being 85%-90% through his work with him only having paid 50% of the fees. It is our opinion that Bazi Dukhan has, in this regard, been dishonourable with ************* conduct demonstrating a lack of integrity and credibility.
The impact on cashflow of his unjust, premature abandonment of the project has also resulted in additional stresses and adverse impacts. We would like Bazi to pay the remaining 50% of the project balance with immediate effect.
Summary: We were engaged with the client, to work on their corporate identity project to include our supplying them with a new website design, logo design, company profile design, letterhead design, email signature design, and business card design. On the 11th June in a call with the client Bazi Dukhan ( Basdaeu Anirudh Dukhan ) of Bazi Dukhan Consulting Engineers cc, the client stated that, with the design drafts stage, they wanted to change the newly designed company profile further to make it 'more visual', like the example company profile example provided by them.
We responded to the client and confirmed we could do a similar thing with their company profile by adding 4 new pages with the appropriate images in place, giving them a 12 page company profile (increased from the original 8). We also detailed the addition cost to do this.
We also requested that given that we were now beyond the 1st draft phase for this project overall, that we would require a 25% interim payment from the client against the project as per the agreed terms & conditions.
We attached the respective invoice and confirmed that once we received the interim payment we would proceed with the next phase(s) of work as required.
In the early afternoon of that same day, the 11th June, in corresponding via Whatsapp with Bazi’s assistant, Nasarene, she requested further letterhead designs to which I rep**** that ‘given that we are at 4th draft on that, we will now need to wait for Bazi to process the interim payment against the project before proceeding further.’
Within a short space of time, slightly later the same afternoon, I received a letter of termination in PDF format via whatsapp from Bazi stating: ‘…We appreciate the work you have done for us thus far in attempting to design a new corporate identity and website for our company. However, after careful consideration, we have decided to terminate our working relationship, effective immediately. This decision has been made due to the lack of fresh and innovative design ideas that align with our requirements regarding the overall changes in corporate identity. As our brand evolves, it is essential that our digital presence reflects this transformation, and unfortunately, we have not seen the level of creativity and alignment we were hoping for…’
Given that there had been no prior indication of any such ‘lack of fresh and innovative design ideas’ and in fact the contrary app**** with all items of work either signed off or positively evolving through client/designer communications, I felt that this client’s reaction was rash, unjust, unprofessional and *********.
Upon receipt of this letter I attempted to call and whatsapp the client Bazi several times but all my attempts and communications were ignored. On the 18th June, I wrote to the client and his assistant, Nasarene, clarifying that we were already 85%-90% of the way through the project and that they were only 50% paid up. I confirmed that their premature termination of the project left us short of the correct and fair remuneration for services already rendered, with us having invested significantly more than they had paid for. In addition, their office and the client, Bazi, had confirmed that they were happy with the logo design, the company profile design, the email signature and the business card design, albeit with the possibility of a few tweaks at the end of the entire process. I also reminded them that we had also taken the unprecedented step, as a gesture of goodwill, in supplying them with a ‘final’ pdf version of their new company profile for them to distribute at their recent convention, pre their final payment against the project. I also confirmed that this would normally not be done under any circumstances. In terms of the website, the client had agreed, the previous week, to provide feedback on the design by/on the 13th June, and there had already been significant time and effort invested in getting it to the point that it is (a complete 10 page design).
We would like Bazi to pay the remaining 50% of the project balance with immediate effect.
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