How to make clients pay on time - SkillsUp - a convenient catalog of lessons in design, computer graphics, Photoshop lessons, Photoshop lessons. How to get customers to pay their bills and still be happy? Convince the client to pay for the invoiced

So you sit and stare at your empty bank account and you are already on the verge of hysteria. You don't know what to do with a client who still hasn't been able to pay for the job. And you counted on this money - even if you let it down in the next bar.

The point is, you are in trouble. What about your client? He is silent.

Know your rights

Personally, I don't want to go to court. Of course, I put a lot of time and effort into writing a large contract, but this is already a last resort, a fallback.

None of us creates contracts with the aim of dragging a client to court. A contract is such a thing, looking at which we are sure that the client will definitely pay.

Which, of course, he must do.

However, when you write or call your debtor client, you want to know your legal rights. You want to know that the contract can actually protect you.

Legally speaking - what is a contract between two people?

You may be surprised to learn that a contract does not have to be written. Indeed, an oral contract can carry as much weight in court as it does on paper. An oral contract is valid as long as it includes three factors that are legally binding and for a written one:

1. Offer

2. Acceptance of this proposal

3. Consideration

The first two are obvious, we all know that the offer and acceptance of this offer is mandatory, otherwise what kind of contract is it? But what is “consideration”?

It's simple. Consideration means "I will do it if you pay me." It is simply that both parties agree that what X does will pay Y.

And this is the main thing - you don't work for free. You work honestly for fair pay.

And as long as you and your client agree on this, you have consideration.

It is now important to provide evidence that you have a contract with a client. In this case, the benefits of concluding a written contract come into play. If the contract is in writing, this is easy to prove.

But how can you prove an oral agreement? Or the one that was created between dozens of letters?

I have no contract

It can really be useful for you, for all your client calls, even if you have a written contract on site.

What if you come across this problem face to face and don't record the conversation?

Then, you should ask yourself if there is a possibility that someone overheard an agreement reached between you and your client and might back up the claim. Because without it, words like “he said / she said” won't help you win the argument.

However, in the absence of a written or written contract, you can still legally prove the contract based on the actions of both parties.

For example, if your client claims that he did not agree with you about any work, but he accepted and commented on the layouts that you sent, it is easy enough to prove that he is lying.

After all, why did he send you a request to revise the project? Boredom?

I don’t think so. And most courts probably won't think either.

Ideally, you would always make contracts and record conversations. But in the real world, you can get into a situation where the client does not pay, and you have nothing in your hands.

In this case, save every bit of information that you discussed with the client. Text messages, emails, even phone recordings and WhatsApp screenshots. Whatever you get, save it now.

Talk first ...

When you've dealt with defaulters before, you can easily panic when a customer is only a few days late with a payment.

Oh no, again, you think. And your instinct immediately forces you to do whatever it takes to get your money.

But you know what? You won't win if you write threats. In fact, most people will go straight on the defensive in such a situation, and this is a sure way to ruin customer relationships.

You need to stay calm.

For now, let's give them the benefit of the doubt. The client, for example, could not know that he was late with a payment, or that you are suffering because of this. Of course, he should remember that he is in your debt, and you should not remind him of this.

This is not a kindergarten, and this is not your job. But sometimes, customers just forget. This happens. Remain calm, at least in the beginning. Better to be smart with money.

First things first, keep track of your account. Make sure you actually sent them an invoice and then set reminders every 10 days after you sent them. After those 10 days have passed, email them and politely remind them that they have to pay for the work. For some clients, this is all it takes. For others, each reminder is a hint that you are serious and will come to them even in dreams.

Write. Remind, contact the higher authorities, subtly hint that non-payment of bills is unprofessionalism. This should work.

Combat readiness

But what happens if your attempts to remain polite don't work?

If you have the budget for this, hire a lawyer to send your client a letter. A great lawyer by your side can help you reduce the chance of having a non-paying client.

Customers who don't pay are usually cowards. They don't pay you because they think they might just be lost. They think you are weak and easy enough to ignore. So if months go by and your reminders go unanswered, it's time to scare them a little.

You must state in the letter that the client is in breach of the contract and you have no choice but to withdraw your services. You file a claim in court on a certain date and they will be responsible for all the costs of recovering the debt.

If you have a contract, the threats of a lawsuit and intimidation by a lawyer will be even worse.

Even without it, good legal jargon can intimidate a client enough to make them fork out, which they must.

If you don't have the budget for hiring a lawyer, look for a friend (or girlfriend) who is a lawyer (or who is not afraid to pretend to be a lawyer).

But in this case, be sure of what you are doing. Because if your client catches you pretending to be, he'll laugh and never pay a dime.

On that note, never make the mistake of posing as a real lawyer. This may sound like a good idea at the time, but the last thing you want is to get sued for fraud.

Or…

There are clients for whom none of the standard methods will work. They have nerves of steel, the ability to ignore, and have no desire to pay.

Many freelancers take extreme measures in this case. They write comments on the customer's website, go to the media, use social media to get the case publicized. The scandal, of course, has a big impact on the customer. But he puts a stain not only on his reputation, but also on yours. It is unlikely that then someone else will want to do business with you.

Stay tuned!

Information of books "Pay Me Or Else" By Lior Frenkel, The nuSchool and Webydo

How to make a client pay on time? Seven ways from an expert

The basis of a successful business is money, money and money again. The more money floats into your pocket (and the less money floats out of it), the more firmly you stand on your feet. Make it a rule to carefully plan all monetary transactions and count every penny. Of course, unnecessary clients can confuse your plans, violating payment terms. Here are seven ways to get them to pay on time.

1. Require a signature

The terms and conditions of payment must be drawn up by the legal advisor and signed by the client. No one wants to pay interest on late payments - but resist the temptation to let things go "just to not scare the client off." By the way, if you are dealing with a large company, be especially careful. Large companies are still non-payers!

2. Check your solvency

A concession like a thirty-day grace period should be a deliberate decision based on facts, not a self-evident right of everyone. By making inquiries about the client, you probably will not give a loan to a bankrupt. Make a ranked list of your clients based on the size of their potential annual debt, and pay special attention to those who will lead this ranking.

3. Make inquiries

Try to keep abreast of your clients' affairs. If the customer is new, make inquiries. For example, contact those who have already worked with it. How long did the collaboration last? Were there any payment arrears? If so, how much was the total debt?

Of course, no one will give you the contacts of those with whom he has no relationship. If you are guided by the recommendations provided by the client himself, keep a fig in your pocket and remember that in addition to "ideal scenarios" there are harsh everyday life.

4. Watch and listen

When talking with the managers who work with your new client, ask how things are going. The slightest sign of anxiety or phrases like "Could be better" should be a wake-up call for you. Perhaps the problem is the manager who is not efficient enough. But it is possible that the client is not a gift either.

5. Offer a discount to the most disciplined

The main thing is to approach the implementation of this idea wisely. Offer a discount to those who pay their bills quickly, for example, within a week. You will see: those clients who try (and can) get it, by themselves, will be very successful in business. As a result, you will strengthen ties with reliable partners, and if you budget for a discount, the slowest customers will provide you with additional income.

In order for an idea to start working, it needs to be promoted. Attach a promotional postcard to each invoice you send. Constantly tell customers about the discount - let them want to get it.

6. Make the bills clear

Some people think that an invoice is just another marketing tool. Meanwhile, an account is a tool for making payments, nothing more. He must tell the client how much, to whom and when he must pay, and how he can do it. For this, the presence of your logo is not even necessary on the letterhead.

7. Act decisively

The longer you wait for money, the less likely you will ultimately wait. Make it clear to customers that you intend to take decisive action in the event of a delay in payment. They say that some can be re-educated.

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83 in response to “HOW TO MAKE THE CUSTOMER PAY FOR THE PROJECT?”:

    Indeed, sometimes even with a bat knock out money for your work. And what is interesting, the customer sometimes has no complaints about your work at all. empty whim. Which pisses me off. Next time I will definitely use your methods. And then already tired of humiliation, persuading, explaining and appealing to the conscience of customers.

    A sore subject and raised at the right time! Unscrupulous customers take advantage of the fact that the freelancer is not protected by law and scoff as they can. Often, when accepting a job, they begin to say that so-and-so has not been done, they refuse to pay. But this was not in the TK!

      • Ruslan,
        1. Refusal to perform the contract may be unmotivated. Just the desire of the customer. In the case of services, the customer returns the actual costs incurred to the contractor (Article 782 of the Civil Code). those. only what the performer spent is documented.
        2. Nothing prevents from writing in the title of the contract “contract of sale”, but this will not mean that the rules of sale and purchase should apply to it. So it is with "work" and "services." These are completely different categories, although sometimes difficult to separate. The category to which the actual activity should be attributed is done based on the actual actions of the performer and / or on the basis of the customer's assignment. I will not go into theory, but if you follow the letter of the law, then in the work contract (work) the result should be a certain REALIZED result. I would say that most of the freelancers who work and communicate with the customer on the Internet do not fit this definition. So rather "service"))
        4. How can you see who signed the act? By what is written on it? Ok, written by the CEO, but signed by the cleaning lady! What then? Or do you personally sign all the acts for everyone?
        5. Claims that are only meant to scare work only with relevant clients.
        Alexander

        • Alexander,

          1. I proceed from my own practice. And I have never had a case when the customer simply decided to terminate the contract. A much more frequent situation is when a customer uses a work, for example, hangs our video on his website or demonstrates a layout at an exhibition, but does not pay. I repeat once again that I am talking about the need to conclude an agreement for this case. If there is an agreement, it is better than not. Some may understand your words so that the agreement is useless. And so I defend my position on this issue.

          2. Our contracts are all for "work". Also in our agreement there is a technical specification with a clear description of the result. To materialize the result, we transmit it on a material medium, i.e. on disk. Some accountants attach this disk to the act in order to have proof of the result before the inspection authorities.

          4. The situation you described is already a complete mess)) Again, I have not met in my own practice that they tried to deceive me in this way. And here, as with an agreement, it is better when there is an act than when it is not.

          5. Yes, with whom the claims do not work, the court works.

          Alexander, in general, you are trying to find in my recommendations the reasons why they will not work. And for this, give the most exceptional cases. But this is similar to saying that you should not drive a car just because there is a possibility of an accident. I suggest that you master the rules of safe driving so that there are fewer accidents.

          In my own practice, these methods work. That means they will work for others as well. I have no task to sort out all possible situations. I am only sharing my own experience.

          • Ruslan,
            I also proceed from my practice. I am a lawyer and I deal with these issues on a daily basis within a very large company. What you are describing are semi-psychological, semi-legal techniques that work only in a certain segment of the business, apparently. It doesn't work for me! Although the contracts are small.
            I agree that everything always needs to be formalized correctly, but I emphasize that the methods you described are highly controversial from the legal and practical side. What you described in 5 minutes, lawyers teach for 5 years at the university, and then polish it in practice.
            My advice - don't skimp on lawyers when concluding any deals :)

            Alexander, yes, it is customary for us to contact lawyers when it is too late to do something)) Look, it’s just about that.
            I agree that different methods work in different areas and for different amounts. My master class for designers, freelancers and people who work in creative business areas. The amount of our contracts is usually no more than 1 million rubles. It is clear that for much larger amounts, more serious protection is needed.

        Ruslan, I haven't seen your master class video yet, but can you give it a little clarification? If the designer is a private person and does not have an individual entrepreneur, can he draw up such an agreement with the customer so that in case of non-payment, cancellation of the order and other incidents, a fine can be collected from him, but so that if suddenly such an agreement or receipt would be valid in organs. Are there any documents or literature on this occasion.

        • Yes, you can draw up a contract as a private person, there is no difference. Especially if your customer is also a private person. I think that on the Internet you will find many examples of design contracts. But it is better to register an individual entrepreneur. It is not entirely legal to provide services as a private person; for this, administrative liability is provided for under Art. 14.1. Administrative Code of the Russian Federation - carrying out entrepreneurial activity without state registration.

  1. Ruslan, thanks for the master class! Most of the recommendations have been used by us for a long time, so I can say that it really works. And as for the act, “signed by the cleaner,” the responsibility will be borne by the one who certified the company seal with the signature of a person who is not authorized to approve such documents.

    • Vladislav, thank you for your feedback! You are absolutely right. What professionals know, beginners may not. I am not making revelations, I am giving basic things that any person who works with customers should know.

  2. I got to a lot by trial and error, but splitting the prepayment is an interesting thing. Well, you have to keep your ears open. And you certainly can't take anyone's word for sure, otherwise I've heard enough, like “don't be afraid, we won't offend”, and then it starts… And then they get offended, so wait for me the motto “contract plus prepayment”. And thanks for reminding me of the clear terms of reference, otherwise it was already a case. It seems that everyone understood everything, but in the end everyone had their own vision of the series of articles. Then I had to recycle it.

    • Vsevolod, thank you for your response! Yes, everything should be clearly spelled out. And being offended is not serious at all. As they say, nothing personal is business.

    Ruslan, thank you very much for the master class. I liked that you systematized the above. In my studio, not the scale to sue anyone (much on trust) ..., but as a reminder - I want to hang these rules in my inner closet, and at the moment of "artistic emotions" strictly adhere to the recommendations. You are right - BUSINESS, and no “friendship”.
    Thank. Good luck and interesting work.

    Ruslan, and my “thank you” to you! It seems to me that no one mentioned a certain mindset of a creative person for whom this material was made. Having received an order, creative people first of all begin to think over the concept, visual range, style, and so on. But there is no way how to protect yourself from the arbitrariness of the customer. And in general, it is often difficult for a creative person to handle documents and issues related to laws and bureaucracy in general. So, such a master class is needed! You present the material very clearly and intelligibly. Of course, the nuances are darkness! But you need to start somewhere!

    • Julia, thank you for your understanding! You are absolutely right. I recorded this master class specifically for creative people who sometimes have to be brought back to earth and reminded of the obvious.

    Thank you Ruslan! I think it will help. In the sphere where I work - “jewelry freelancing”, especially a lot of things are built on trust. Everyone knows each other for many years, the circle is narrow, and even a “muddy” customer or an intermediate person is almost inevitable! From time to time you have to work with someone who once "annoyed". Therefore, your "tricks" are useful to me. Please enlighten me further.

    Ruslan, good afternoon. very interesting video and very useful advice. some I subconsciously use already now. (before your video) and some of the tips are just superb and very practical. I will try to work in a new way on my own experience. thanks))) go to my page syksin.com (site) on the Internet. By the way, I did it based on the minimal design for the site. haven't seen a post about minimalist design yet. when creating my site, more time was spent with the web designer, to simplify everything. as a designer, I wanted to force all the buttons and all that kind of unnecessary rubbish that almost every site uses.

    • Sergey, thanks for the tip! I looked at your site. Very cool visualizations .. com Perhaps we will work))

    Thank you very much, Ruslan! very helpful advice.
    We will send all friends a link to your video.
    We artists don't like to think about bad things until they happen.
    I want to trust, think over a concept, be creative,
    the result is bitter experience.
    Thanks again!
    I wish you success!

    We apply everything, just recently we discovered a bonus advice for ourselves. It helps very well. Daily calls greatly speed up the payment process.

    I really liked the advice number 7 "Automatic acceptance of the act" - there were no problem cases with this, but a very correct recommendation, special thanks for it.

    Everything else is useful, but we have come to this long ago with our experience. :-)

    Thank you, it was informative!

    Thank you Ruslan!
    I'll take it on board. Very useful information!
    I'm just going to apply to freelance and so far I don't have all the intricacies of working with customers on freelance. Before that, I worked in studios and unscrupulous customers were, say, not my problem :) so I did not go into the intricacies of methods of knocking out payments from them. But now, apparently, it is definitely worth knowing about such techniques.
    I'm interested in your opinion on how to protect yourself specifically for freelancers working remotely. Indeed, it often happens that the Contractor and the Customer are located in different cities and countries.
    Someone advises to work through intermediary web services, services of secure transactions, etc., which require their share.
    Someone advises to work only on 100% prepayment. But this is not very convenient for customers (it's like we work with customers on a postpaid basis) and hardly anyone agrees at all.
    Someone advises to do so that the bank acts as an intermediary, to the account in which the payment is put, but they can be withdrawn only by mutual agreement of the parties (is this real?
    If you draw up a contract, then how to check
    The Internet allows you to erase geographic boundaries and take on foreign orders that you don't want to lose at all.
    Did you have experience working with foreign customers and what measures did you take to protect yourself in this situation?
    Thank.

    • Sorry for the typos. I dialed from the phone :)
      .. until \\ KNOWLEDGE \\ all the subtleties of work ..
      .. is definitely worth \\ W \\ know ..
      ..If you draw up a contract, then how to check the \\? \\ ..

      • Zhenish, freelancing is no different from studio work. My advice is to conclude a contract as a private person, or make yourself an individual entrepreneur. So you will translate communication with clients into a business plane. Without this, the issue of integrity and reliability is not a business issue, but a psychological issue. Contracts can be sent by mail, courier or, in extreme cases, scans. Most of my clients are located in other cities and countries. We simply translated contracts with foreign customers into English.

    Ruslan thank you for such a detailed study of the issue!
    Your advice was so useful that it is impossible to imagine! Just before the end of work with an Indian customer (I am a photographer and work in the field of tourism), the question arose about payment. Before starting work, no contracts were concluded, all the details were spoken out only in a personal conversation. This option is certainly not in any way suitable for working with hotel chains, all these details must be present there. And since Indian partners, no matter how hospitable they are, in the matter of money, they become incredible curmudgeons and even after the work done, they try to "slightly" drop the price (this is a feature of the entire Indian business, and without exception), the question arose how to make sure that preliminary agreements remain unaffected, given the absence of a formalized agreement.
    All your advice, such as putting a watermark on the finished product, "boring" in reminding payment, increasing the value of your product for the customer to the level of his MORE interest in you than you are in it, all these points were used intuitively before, but not purposefully. Now a very clear, unemotional work was carried out using all your advice. Of all of the above, the strongest and most effective moment was the full-screen logo with the designation of an unpaid demo. It did not interfere with the validation of the completed project, but it introduced a very strong irritant. At the same time, every time I drew attention to the fact that every day that passed without this project is a loss of money for them, and they can use it only after the final payment.
    This detail ultimately proved to be decisive for the successful completion of the project.

    Thank you, Ruslan, once again for such simple but practical advice!
    Success in creative work!

    Hello Ruslan!
    Thank you for the informative and useful course for the “young fighter” (I am just starting my independent creative path). As they say, all ingenious is simple, and, as a rule, lies on the surface. The main thing is to see and understand in time. I am from Kazakhstan, I recently opened my own IP. It was difficult to find what was needed in the classifier. I write poems to order, I am also a journalist with great experience. Therefore, for the implementation of activities under the patent (so far), only the item "Activities in the field of art" was found:
    - the activity of individual writers, including such genres as science fiction, technical literature, etc. (apparently, somewhere here, in "etc.", and my poem is laid, because about "poetry" in its purest form it is not written there);
    - activities of independent journalists.
    Some are trying to relate custom poetry to "entertainment, leisure, or holidays." But after all, there are a great many reasons and events for poetic presentation, isn't it?
    Thank you very much again!

    Helpful advice! Thank! To me (I am a marriage agent) some unscrupulous clients do not pay for the result, and I am ashamed (still disgusting) to be a bore. It looks like it would be interesting to cooperate with you to improve and promote my dating site http://www.a-jour.ru. Thanks again!

    Thank you Ruslan!
    I would have received this information half a year earlier!
    By the way, you mentioned somewhere that you learned to recognize the “trustworthiness” of potential customers. Can you share a secret?
    :)

    • Sergei, a flair for a client's reliability is developed only with experience. But it is better to organize your work so as not to relax and defend yourself in any case. Today the client is trustworthy, but tomorrow he may have problems. When there is a contract, everything is easier.

    Ruslan, hello!
    Thank you) .. I have recently been working on my own .. I am paraphrasing the well-known expression - “anyone can offend a freelancer”…. Your master class helped me, finally, to put all my thoughts together. everything that was already intuitively clear, but was chaotically dangling in my head, now lined up in a clear set of rules) .. not so long ago I got bumps just because I could not speak competently with the customer .. I am sure, thanks to your advice, no longer I will make the same mistakes ..)

    Good afternoon, Ruslan!
    I watched your video today and was pleasantly surprised by the amount of really useful information for my work.
    Until I came across really shameless behavior of the customer, I did not understand how important it is!
    In general, I'm surprised what I hoped for, working without a contract (
    Thank you!

    Good video. From the 6th way the information was new. A bit of experience in this matter.
    What is valuable is that infa is built on personal experience (I think rather big). I think just such videos from "experienced" ones are the most useful and provide protection from their own bumps. Thank!

    I myself am engaged in cooperation with carpentry workshops - doing work for the manufacture and installation of stairs, interiors made of wood, furniture ... Sometimes from scratch, sometimes I rework the drawings of designers for the existing room. It seems that we have been working with them for a long time, but somehow it turns out that at the initial stage they are ready to make an advance payment, but the final calculation has to wait a very long time, although I have already completed my work. Excuses usually boil down to the fact that - the customer has not paid with them yet, and so on. The agreements between us are oral. And so problems arise - like:
    -Let's work
    -Give me money
    -What are you, I decided to blackmail ...
    So I want to go to the official level ...
    I liked the idea "NOT PAID" - I will apply
    I would like to add from myself, maybe it will be useful to someone. For several years now I have been keeping something like a diary of completed work - what I did, who sent it, who called and what corrections made, how he answered, etc. And - every day I record everything as it arrives. As a result, since most of the intermediate questions and approvals are held either by phone or by mail, when situations arise such as:
    -Why is that?
    - Yes, because you made changes on such and such a date, in such and such a number ...
    Human memory is a strange thing. When they ask such a question, you immediately begin to doubt yourself, although you are sure that you are right. And the diary helps to restore justice. After the date and what was said - questions disappear

    Thank you so much! A very useful master class!
    From my own experience I know that the “being a bore” method works best, especially if you are communicating with an intermediate link on which nothing depends!
    I really liked the idea of \u200b\u200bprotecting the "Unpaid Version!"
    The most difficult step if you work privately is to switch to work with a contract :) but now it is very important to do it!
    Thanks again! Good luck and success!

    Ruslan, thank you very much for your video!
    Now I am in such a situation and I have already received part of the money
    and with your advice, my confidence in the rightness increased and there were more motivated points to make the customer pay the full amount
    thank you very much

    Ruslan, raised a good topic. The measures you proposed are technically possible and correct, but they are not client-oriented. You actually made a guide on how the studio will always win, and not how to come to the common good and the most harmonious solution for both parties - the studio and the customer. It all depends on the philosophy of the entrepreneur and business. If business is a system of making money, then you are completely right in your approaches. But if you consider a business as a system of bringing value, satisfaction and happiness to its customers, then you are mistaken in your methods. If you earn money first of all, then your clients are just cash cows from which you need to knock out the promised money by any means. But if your clients are real people, then your task in the process of joint activities is to create and come to the common good. And if the client was dissatisfied with the work, then appropriating his money means leaving him dissatisfied, unhappy and lost money. Therefore, during 15 years in my business, I came to the conclusion that it is not my selfish gain and not the gain of my company that is important to me, only the total gain of me, the company and the client suits me. Any other situations where I leave the client unsatisfied for his money is out of ethics, theft of his funds. Therefore, in such a situation, I always return the money back to the client and perceive losses simply as an important experience. It is important for you to understand that there is only one form of ethical exchange of values \u200b\u200b- when both parties are completely satisfied. Any other exchange is a form of violence and the taking of money from someone who is not satisfied. Only the common good and complete satisfaction of the client and you, as a manufacturer, leads to harmony and happiness. Other forms of interaction are based on theft, violence and deception. Therefore, while they are present, there will be disharmony and consequences.

    • Max, thanks for your feedback! In my opinion, you misunderstood the initial situation for which my methods are intended. Firstly, I am not suggesting any measures, I am only summarizing my experience. That is, this is not a theoretical construction, but an extract from what I personally came to after 10 years of working with clients. Secondly, in my practice, there has never been a case when a client refused to pay because he was dissatisfied with something. The reason is always the same - no money. Third, my business has a responsibility to make money, as I am responsible for my employees and their families. I cannot read sermons instead of a salary.

      Imagine the situation. You came to a restaurant and ordered lunch. I ate deliciously and was satisfied. It's time to pay the bill. But instead, you tell the waiter that you just bought a new car and you have no money right now, but you will definitely bring it in some other time. To the waiter's objections that you ate everything and do not want to pay, you accuse him of unethical business, because you really wanted to eat. There is some logic in this, but it doesn't make it easier for the waiter. Now he will have to pay for your lunch out of his own pocket.

      I understand your business philosophy. But my experience suggests otherwise. My business and myself began to feel much better when I began to resolve issues on a legal basis. We have many won courts and pre-trial decisions. As a result, my sense of justice is satisfied. I can honestly look my employees in the eye, knowing that my promises are valid and I will not have to throw anyone after the customer.

      • Ruslan, you write everything correctly. If I ate lunch, then I got the ultimate value for myself and not give money for it in a situation where there is an agreement on payment - this is a violation of balance and ethics.

        Now imagine a different situation with the same example. I come to a restaurant, order lunch for myself, and when I eat it, I understand that it does not correspond to the quality, the food turns out to be made not from the products of the first freshness, but from the day before yesterday. And after eating I start to feel nauseous and in general I begin to feel bad. In this situation, should I pay for a meal of this quality? Or should I start a dispute with the restaurant staff and management about why I was fed some nasty food?

        As for the production of sites and videos, I have a lot of experience with both freelancers and studios. A typical situation is that at some point, adequate interaction is lost and the performer begins to impose something on me as a customer. To impose your own rules, to impose your own view and understanding of the final product, does not go for improvements. At some point, work becomes a punishment. And here the question arises - either tolerate it for your money, or terminate this relationship. But then another problem arises - I, as a customer, did not receive any value, I was not given a valuable final product, which I counted on because of the reluctance to create and cooperate with me on the part of the performer, but despite this I have to give him some of my money to cover his unproductive work, lack of customer-centric approach and interest in me as a client. By giving my money to pay for the processes, the time of the performer, which are valuable only for him, but for me they have no value. This is where extra-ethics arises. My money is actually taken away, stolen to pay salaries and reimburse some of my expenses. But I am not gaining anything from this, but only losses. This is extra-ethics, inharmonious action.

        In such a situation, when the customer could not get the right attitude from the contractor, interest in the customer's victory, a customer-oriented approach, not only one party should suffer losses, but both. The customer loses his time and his efforts, and the contractor loses his time and his efforts. If people or companies don't agree, then they just need to disperse, and not knock their costs out of each other.

        The exception is the situation described by you when the client was satisfied with the result, but did not pay. Here, of course, I agree with you that this is also out of ethics and such people already need to be settled. But you may not give them the fruits of your production until they pay for them.

        • Max, yes, that's it. Most often, clients do not pay for reasons that are not related to the quality of our work. The situation in business is changing, priorities are changing. For example, it turns out that the project for which we made the site is frozen by the owners. But what are we to blame? Some companies simply have a principle not to pay. This happens when the company operates on credit money. The longer you defer payments to contractors, the more you can save on interest on the loan. And finally, there are absolutely “clinical cases” when clients order work, planning to pay off the future income of their business. And if the business does not go, then they shrug their shoulders and say: there is no money.

          Not giving a job without payment is exactly what I am talking about in the master class. Surprisingly, most creative professionals don't do this and then complain about financial problems.

          The issue of interaction between the contractor and the customer, which you raise, is not so simple. Continuing the restaurant analogy. Either you like the cuisine that the restaurant offers or you don’t like. If you don't like it, then you go to another. But giving advice to the chef on how to cook is something that even the most picky client will not allow himself. By the way, there is an excellent video on this topic: https://youtu.be/6pPP67Qu9K8

          Specifically in your situation, it is a matter of choosing a studio or a freelancer. There are production-oriented people and there are creative-oriented people. Production studios are engaged in a purely technical implementation of the customer's assignment and do exactly what they are told. Conversely, creative studios (like our studio) offer solutions. The customer turns to us not for the implementation of his ideas, but for our ideas. Therefore, in our case, the issue of assessing the result is our area of \u200b\u200bresponsibility.

          • Ruslan, the question of evaluating the result is always the question of who pays for it. He who pays for the music orders the music. Of course, if someone writes music for himself and listens to it himself, then he can do whatever he wants, but if this is an order for someone, then he will have to create and take into account the opinion and customs of the customer. A customer who does not have his own personal criteria for evaluating an order is an extremely rare case, if any. As for the terms of reference, I made them for years both for my staff and for external executors. It is never possible to take into account everything in the TK and describe all the key points. There should always be a buffer for variability, experimentation, and refinement. If the performer is not ready for this cooperation, then I will never start working with this

            I say that in your particular case you need a very executive contractor. There are such people and we ourselves work with such people. Another thing is that our customers are sometimes willing to pay tens of times more, just not to take part in our work. They want a ready-made, high-quality result right away. Perhaps the point is that we work with large organizations where there are no “personal” criteria.

            When the customer starts to engage in "creativity", it turns out something like this: https://youtu.be/q7AR1kj1hzc

    I would also like to add that the final valuable product or service that any business produces is only that which satisfies the client sufficiently. It is only when the customer is satisfied that this product or service is of real value to him. And then what the client received can be evaluated through the absolute value of "Money". Until the client receives a satisfying result, he has every right not to pay for it, because it does not matter to him how much and who spent his time and effort. The client does not see the ultimate value for himself in this, so he is not obliged to pay for it with his own money. When I realized this, that personally all problems and conflicts associated with such clients were gone from my business and all clients who were not satisfied with something with us left. Only our clients remained and we have mutual understanding, resonance and excellent relations with them.

    • Max, in my business I convey my values. If this does not suit someone, then this is the problem of his personal biography. Everyone can create their own business and do everything in their own way. We live in a free country. For me, the fundamental value is responsibility. And if the customer has concluded a contract with me and does not fulfill it, then I will insist on my own, even if he refers to the Lord God. I'm just as demanding about my promises. Therefore, our studio has a solid reputation that allows us to conclude contracts worth millions.

      • Ruslan, besides your values, there is such a thing as ethics. She is not yours or mine. These are the laws of the universe, which are not determined by us, but we agreed with them when we got here. These laws keep reality as it is. And these laws put a bolt on your value system, which you invented for yourself and which does not correspond to Ethics. Among these laws there is such as the law of exchange and conservation of energies, the law of balancing potentials, which always strive for balance. So, if money is the highest value for you and you put it above ethics, then ethical laws will make your life hell until it comes to you that it is easier to be ethical and not violate the laws of the universe, relying on them, and not on self-proclaimed values ... Ethics is above the level of personal values. So, if it comes to court, then this is always a sign that extra-ethics has long existed. That is, you somewhere upset the balance and went against the equilibrium forces of the universe, believing that you are cooler than the universe and everything around you must comply with your value system and your rules of the game. Therefore, in such a situation, people, companies, situations will appear that will teach you ethics and balance where you rock the boat and upset the balance. The balance in the universe is more important than your values, more important than you and your company. Equilibrium forces can wipe out from the face of the earth not only individuals and companies, but entire empires and continents that imagine themselves to be someone who has the right to do what he sees as correct, and not how ethical and harmonious it is. Therefore, if the quality of your life, peace of mind and balance and real success are important to you, which is measured not just by profit, but by the happiness and prosperity of you and everyone who touches you, then the level of values \u200b\u200bwill not help you here. Move higher towards spiritual ethics. And it is ethics that will show you that only one harmonious type of exchange is possible, when everyone was satisfied and there was no violence.

        • Max, ethics is part of business culture. Equivalent exchange is accepted in our culture. If a service has been rendered to you, then you must pay for it. So my methods are just rebalancing. In your words, I help the universe to come to balance))

          And, by the way, I have never written anywhere that I value money as the highest value. I have lived long enough to have other more important priorities in life))

          • It is true that the business (“business”) cannot wait for the Universe to bring the system into balance and the client pays for the work. Otherwise, it comes to the form of good deeds, and it can only be a personal matter - I cannot do good deeds at the expense of my employees.
            However, Max set a very important dimension to the business - whether it is “business”, or it’s a “life's work” - customer focus, or humanity of relations. It is necessary to give the human client the opportunity to express their wishes and even help in this. But: do not indulge in self-indulgence. “Play some more with the fonts” or “try something else (I don’t know what - but are you professionals?) Should be limited to clear boundaries. And if this framework is spelled out in the agreement, this is only a plus. Reminding the client about the framework is part of the designer's job, his managerial incarnation.

            Thank you, Ruslan, for the concentrated report - it helps even when all the described collisions have already been passed, and similar conclusions have been made.

            After going through this stage (which you have described in the comments above), some moments subsequently go to the next level, and a bifurcation point arises again.
            So, I also found it convenient to divide the work of a designer and a manager in one person (a classic freelancer) into two: 1. a strict and boring manager who brings the client back to reality when needed; 2. a kind and understanding designer who has become almost a friend to the client. The important thing here is that the client is ready to believe this designer - “friend” in those issues where it is impossible to prove something “on numbers” - aesthetics, construction experience, you only need trust.
            It is also important that you cannot explain to a “boring manager” about your personal problems that interfere with payment - he has the role of a soulless mechanism that does not understand the word “trust” (“I'll pay later, sure, you believe me?”).
            Such a scheme - "artist - soul" and "manager - mechanism" is good for everyone, but it does not work everywhere.
            The problem is that this separation is difficult or impossible to apply in the work with clients who work with you (the head of the design studio) directly - such a scheme is possible only when the client's work is performed by one of the designers of the workshop. One of the designers can translate the arrows into org. and fin. questions on acc. manager, but the head is not. And then the freelance model comes into play again. One in all faces.

    Good day! Thanks for your advice. We are engaged in interior design, from time to time we encounter consumer extremism (customer). Of course, we learned from mistakes, but nevertheless sometimes customers deceive us! This happens mainly at the second stage of payment, they find an excuse, any not to pay the total amount. The contract specifies the number of adjustments for the project, but customers want to see more and more other examples, and there may be dozens or even hundreds of them. They don’t like something, but they don’t know what they are and cannot give a motivated answer in the comments. Favorite phrase: if we ourselves knew what we wanted, then we would not ask you for design! And one enterprising client sold our proposed designs to his neighbors with a similar layout. At what stage should the final acceptance certificate be signed before or after the transfer of the final project with all those. documents? How can you protect the project from its use by the customer in case of non-payment of the final amount (the client can implement everything on the basis of visualizations, albeit with a logo on them)?

    • Thanks for your feedback. Usually, the customer receives raster drawings or pdf materials before payment. After payment, the edited files are transferred to dwg. But this does not protect against theft of ideas. In your case, I would advise you to split the stages of work as much as possible. That is, to receive payment after passing each stage. You proceed to the next stage only after completing and paying for the previous one. It can be broken down as the project is detailed: from the first sketches to the working stage. Can be divided into separate rooms. Here you know better how your business process is built. You can even schedule billing by the hour. In this case, the customer can do the project at least indefinitely, if he is willing to pay for it. Invoices can be issued upon reaching a certain number of hours. For example, 40 hours worked - payment, after payment - the next cycle of work. In any case, in order to build work with clients, you must have a division in your company between “sellers” and “creators”. Do not allow the same people to talk about money and work on projects. Very often all problems stem from this.

    Thank you useful information. By the way, in the third section of the video “Agreement on paper” there is a typo, instead of Let’s give you “Come on” the letter “y” is missing.
    And a question from your practice, if you have encountered - I have a payment with the customer is determined by the appendix to the contract, and in this appendix there are already specific numbers, and in the same appendix there is a typo in the text, the date of the contract is incorrectly indicated in one place. Question: can such a typo put an end to a successful trial? Can the Application be declared null and void due to this typographical error?
    And another question, here in the comments, was discussed Art. 782, and so I have a contract for the provision of services, it contains automatic recognition of the act of completed work (namely, work), once the act was recognized automatically under the contract, the customer paid for it. Now the customer has sent a notice of unilateral termination of the contract. Half of the services have already been provided, but no invoice or act has yet been issued for them. Question: Can the customer referring to Art. 782 Civil Code not to pay me for these services (not to sign the act), but the automatic recognition of the act, to challenge, referring to Art. 782 of the Civil Code, or will he still have to pay for these services (actually provided) in accordance with Article 781 of the Civil Code, and the act of work performed will be recognized if he does not write a reasoned refusal? And if he writes a motivated refusal, how to challenge this motivation. Actually from the terms of our contract, he simply has nothing to motivate this refusal (it seems to me) ... Thank you in advance for your answers.

    • It is better to ask these questions to a lawyer who will guide you according to the situation and determine the most effective actions. As far as I know, upon termination of the contract on the initiative of the customer, he is obliged to reimburse the costs that the contractor actually incurred. Therefore, it makes sense to prepare some evidence of your expenses under the Agreement: settlements with your contractors, receipts, some reports on the salaries of employees. According to our contracts, in case of a reasoned refusal, an act must be drawn up with a list of improvements and the timing of their implementation. Refusal in itself cannot serve as a basis for termination of the contract. In any case, if the customer officially notifies you of the termination of the contract, then you need to send him in response the same official response with objections, which will then be a subject for consideration in court. Most of these disputes are resolved out of court. If the customer sees that he will lose the court, then it is easier for him to pay immediately.

This is a service letter, which says about the approach or end of the deadline for the implementation of certain tasks, obligations, events

The reminder must certainly be friendly, unobtrusive: in no case should the addressee be blamed, since the reason for the delay in payment or non-payment, for example, can be very difficult financial situation in which he finds himself.

The content of the reminder letter primarily depends on whether for the first time, for the second or third time, you remind your partner of fulfilling his obligations, failure to meet the deadline for paying Tosho bills. If the client does not respond to your reminders, then, of course, you will have to inform him of your intention to go to court and terminate the contract. However, even in this case, the writing style should be polite, restrained.

For example:

... Respected!

... Taking this opportunity, let me remind you. You what the due date is for. Your order No. from (date) expired

... We will. Thank you if to (date). You will send a translation. Of your debt in the amount

apologies for bothering you. You about this

... We remain with respect

... Dear sir!

... Walking. To meet you, we extend the payment term until (date) / we execute at the same time. Your new orders. If you do not pay the debt by (date) and do not send a check, shows payment, we will be forced to temporarily suspend the execution of all. Your deputy broadcasting.

... We wait. Your answer

... Sincerely

... Ladies and gentlemen!

... Sorry to bother you again. You, but unfortunately we have not received any response to our previous reminders sorry for that. Your company was so careless about our requests, although we, for our part, always strictly adhered to the terms of the contract and carried out all your orders with high quality.

... Despite repeated reminders and actions taken,. Your debt not only remains unpaid, but also continues to grow, so we consider it necessary to report. To you of your intention to terminate and contract.

... It's a pity, but we see no other way out of this annoying situation.

... Ladies and gentlemen!

... Sorry, please, but we have to remind you again. Wali about the large debt to our firm, which continues to grow. We have always tried to understand. Your financial difficulties, but this time the debt exceeds all previous ones, and the payment deadline is long past.

... Hopefully. You understand that we can no longer neglect the interests of the company, and therefore are forced to file a claim in court

... It's a pity that our cooperation was unsuccessful.

TYPICAL turnover

First mention

1 will allow. Remind you of

2. Taking this opportunity, let me remind you that. You are in arrears

3. Please. You pay special attention to the fact that u. You have a debt in the amount

4. We would like to remind you. You about

5. We remind you. To you that the reporting deadline has expired (date)

6. We consider it necessary to remind. To you that according to the contract the commission must be paid by (date)

7. Forced to remind. You that the due date for payment of invoices for printing ordered. Your printing products pass (date)

8. B. By the way, we remind you. What a shipment to you. You have run out of goods from the warehouse yet (date)

9. It will be appropriate to recall that

10. We believe that this non-payment is only an omission, and we hope that. You will eliminate her within

11. To. You were able to quickly navigate the situation, we are sending. Copies of invoices that have already expired

12. Our accounting department reported that. You haven't paid several bills on time

13. We hope that this non-payment is just an unfortunate mistake that will be corrected in the near future

14. Sorry (we are offended) that we have to bother. You about this

Repeated reminders

1. We are very uncomfortable that we have to remind again. You about

2. Unfortunately, we have to remind again. To you that you still haven't received from. Of you paid bills

3 we are very upset that we are forced to remind again about the presence of several still unpaid bills

4. Delay. Your payment is contrary to our previous agreements on the terms of trade. We reserve the right to further actions

5. Your unwillingness to strictly adhere to the terms of payment is a violation of the terms of the contract

6. Sorry, but we have to inform. You about the changes in the payment system for orders that are caused by the fact that. You did not pay for the previous ones on time

7. We would never bother. You are such reminders if. You met your payment obligations on time

8. We remind you. You that. You have agreed to be paid in the term we defined. The delay in payment makes us withdraw from monthly. Your invoice% of the outstanding amount

9. Sorry, but we have to remind you once. You that there is a very large (significant) debt

10 consider it their duty (consider it necessary) to remind again. To you about a debt that has expired on (date)

11 over the past weeks. Three formal reminders have been sent to you about the significant debt of our company. Sorry, we have not received from. No answer for you

12. It is unpleasant for us to contact you again. On this occasion, however, all our reminders about the need to ship the goods to our company have remained unanswered.

13. We continue once. You are due to pay the invoice

14. We ask you to pay the debt within days

15. We have been waiting for our bills to be paid for months. Please transfer the proper amount to our bank account by the end of this week

16. Our cooperation has been quite fruitful, and its continuation will be possible only if the debt is repaid by (date)

17 we have already several times (repeatedly) wrote to you with a request to explain why. You are not opposing accounts, but, unfortunately, you have not received an answer

18. You have been delaying the submission of the annual report for months, so we have to

19. Your neglect of our requests harms our cooperation, which was once fruitful

Last reminder and warning about the following legal actions

In the event that delicate reminders and requests did not give the desired results, you will have to go to court or terminate the contract. You should inform the addressee about this, but do everything possible so that the tone and style of the letter finally convinces him that this is extremely unpleasant for you, but the only possible way out of the situation 34:

1. Your delay in paying bills is a serious breach of the terms of the contract, therefore we are forced to refer this matter to our legal department

2. Because. You did not respond to our repeated reminders, we referred the case to our lawyer

3 we are very offended to report that due to the large debt. Your loan is temporarily closed

4. Unfortunately, long-term non-payment. You accounts made us refer this case to a lawyer

5. Due to the fact that. You, despite our urgent request to pay off the debt, have not yet sent a check confirming the payment, we are forced to suspend the execution of all. Your orders

63 have to take drastic measures given the situation

7. Your debt has exceeded all previous ones and is still due on (date). We can no longer neglect the interests of the company and are forced to sue

8. Considering the current situation, we are forced to announce our intention to terminate s. You contract

9. Delay. You paying the bills made us go to court. We were upset. Your careless attitude to our requests

10. We cannot wait any longer for payment. Your invoices at the end of the week are forced to ask our legal department to arrange debt repayment

11. Through systematic and long delays in the delivery of goods, we are forced to terminate s. You contract

12. We warn you. You about your intention to terminate the contract

13. All our requests for redemption. Your debts were in vain, so we are forced to file a lawsuit. Believe me, we are very offended, but now we see no other way out of this situation.

14. It is a pity that our cooperation was unsuccessful.

I do all kinds of work: I repair turnkey apartments, fix and assemble furniture, carry out minor electrical work and change mixers. Sometimes I work alone, sometimes with a partner. All this is design work or "master for an hour" classes. Of course, there is no question of any salary. Therefore, each challenge is also an exercise in arithmetic: you need to be able to correlate not only the number of services provided, but also the time spent, while maintaining a balance in your favor. If you are a freelancer, you have to work in this mode all the time. It doesn't matter if you are busy on a construction site or shearing dogs.

If you have a strong internal accountant, you will not be lost. But a certain amount of financial clarity is also a matter of experience. When you take your first orders, a lot is new. Not all clients behave the same, not all work is carried out the same, even if you screw on a crane of the same brand. There is always room for unforeseen circumstances. You need to be careful and prepared as much as possible for force majeure. This is especially true of money.

When to ask for payment

You can demand money before, during or after work. It all depends on what you have to do, whether you need to buy consumables and how many days the work can take. If this is something short-term (in my case, it is, say, fixing a chandelier or a painting), you can ask for money after. If the work is planned for several days, break it up into parts and agree on a phased payment.

A separate issue is the purchase of materials. The master always knows best what materials are needed in each particular case. For example, you need to change the lock. It costs about 2,500 rubles. I buy it, but I ask that they transfer its cost to me on the card. This is a kind of deposit and prepayment. Naturally, I provide a check for him. In the event that something breaks through the fault of the customer, I will have a lock, which I will either supply to someone else, or I can return it to the store and get the money back.

If the customer has forgotten to pay

There are situations when the work is done, and the customer says "thank you" and waves his pen. You never know, forgot, maybe, the person. Or does it on purpose. And asking to pay is somehow inconvenient, or something. Some of us have an altruistic trait in our mentality. It happens, but not to me. Seriously, how can you not take payment? After all, you have wasted your time. First of all, start to respect yourself and your work, and only then do charity work, if you have such a need for it.

If you are jarred by the phrase "You have so many rubles", use a more neutral one - "Is it convenient for you to pay in cash or throw it on a card?" This is a very convenient move, because immediately after this question, the cost is clarified, if there were any additional work.

It's another matter if they really want to "throw" you. The main salvation is prepayment. I always charge at least half of the quoted price. In addition, there are many more schemes that are best stopped at the very beginning. For example, suppose you agreed to do a job with one person, but another was on site. Ask him right away if he is aware that he will have to settle accounts with you.

Prudence can also save you. Once I was invited to repair the roof. It was a third-party object that had nothing to do with the customer. As soon as I asked about the payment, he immediately lined up a very strange scheme in front of me: "The person who is in the other entrance will give you the money."

In order not to get into such situations, try to probe the customer in advance. For example, on the site YouDo.com I always read first. If someone recommended me, I ask who exactly.

The human factor is also an important thing. It is imperative to build trusting relationships with customers. I have regular customers who not only never forget to pay me, but also give their card so that I can buy the necessary materials. In this case, the purchase amount can reach 300,000 rubles.

How to tell the cost of a job has gone up

On-site work is often more difficult than anticipated. Find out in advance exactly what you need to do. Ask for photos or videos. First, I discuss everything in detail with the customer in the chat and only then go to the place. If already at the site you understand that the work will take longer, or additional materials are needed, notify the customer immediately. Explain what and how and why this will affect the bottom line. Do not confront the client with a fact when everything has already been completed.

When I finish doing something on request, I am often asked what else I can do. Suddenly it turns out that in addition to replacing the mixer, you also need to hang a chandelier or repair a nightstand. I undertake to do something else, but I immediately stipulate how much the total amount will increase.

Some customers ask right away about the additional cost, others don't. In the latter case, it can turn out to be very inconvenient, because the person was counting on one amount, but more came out. Make a price list and do not hesitate to introduce it to your customers.

But here, too, there is a subtle point - it is necessary, among other things, to be able to correlate the total time spent and the additional work that has arisen. For example, I came to fix something. I will be paid 4,000 rubles for this (2 hours of work). It takes me 40 minutes to fix the whole thing. And then they ask me to do something else, which will take me another 10 minutes. I will do it for free, because my time turned out to be, roughly speaking, paid in advance. Sometimes people themselves appreciate such a kind gesture and add something from above as gratitude. And everyone is happy.

Don't be afraid to talk to customers. This will help you avoid awkward work moments and keep yourself safe. And most importantly: do not be shy about money, and then money will not be shy about you!

 

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