payment and protocol

[candy_mmm]

i made a website for a small company, now to months later and bounced checks later, he is asking me to upload my working files to the ftp website.

I dont know what to do, wait till i get paid, or upload and wait while another check that is supposedly coming to repay me.

do I own the files, what is the conduct code for this?

Comments

[amanda_now]

Nice wording as usual! Have you ever had any clients argue with you about this?

[cuasterixt]

Having an issue trying to explain this to a client at the moment. I've phrased it similarly (both now and with past clients) and find they like to accuse you of not trusting them. It's very frustrating.

[cuasterixt]

do NOT upload anything until you receive payment. he has no reason to want to give you money once he has what he wants.

[mackilyn]

Pretty much what was said above! hold onto those files!
I learnt that the hard way with my first big project, I made the mistake of handing mine over assuming that I would get paid, as I got the job through someone I knew at the company But, months after my contract said I should have been paid, I still hadn't, though I had of course asked. If I could go back in time, I would have sent a sample so that they could see what it looked like, but not the actual html and css that I created. Basically, the work is yours until they pay you. Withholding the final product will probably get you paid a bit more promptly.

[bandersnitch]

You should CERTAINLY withhold the files from him. He hasn't paid.

Would you give your car to someone who "bought it from you" and then bounced a cheque?

I had the very same thing happen and the client's page remained half designed right until the day he declared bankruptcy.

Those files are the only leverage you have to get paid for them.

[cuasterixt]

oh, agreed re. the source/working files. I didn't catch that bit.

I agree - the client has no right to these files.

[candy_mmm]

but it seems like it is common practice to give the files to the client after, am i wrong? most people sell the rights to the client after?