Hi, I emailed the supprt team at Envato about this but I haven't heard back yet. I am hoping someone in the freelance community can confirm something for me.
I have a friend who hired a designer to create a website. It turns out this designer bought this theme
As far as I can tell, there's nothing wrong with that. Charging $1500 for it, on the other hand, is a crock of shit. It's designers like this that give us all a bad name.
Is there a contract? Does the contract say a custom design?
Do not pay this person $1500 for a theme he did not create. If you can provide some more information on the project I would gladly help you bury this person into the ground.
Legally, I believe he CAN take a theme, put a new logo on it, and charge whatever he wants for it.
However, if the contract says he would design it custom and is charging an amount of hours to do so (say 10 hours or whatever), it's clear he did not spend that much time and you can argue that he hasn't fulfilled his end of the contract and you don't have to pay him.
Definitely do not pay this guy. Also, I want to know who this guy is so I can keep on the look out.
I am trying to gather as much info as I can before we go after this guy. I also want to give him a chance to refund the base payment of $500. Here is an email that outlines what he will provide. There was no official contract. This designer is the brother of a colleague of my friend who doesn't really know any better.
----- "After looking at the wireframes you sent through yesterday, I think working on a blogging platform is the way to go for your site. It'll make it easy for you to update yourself without having to get help every time you need to add some text, an event, a link, or a video (which is FREE)...always nice. It will also save you from having to go through costly developers to have the site made functional once it's designed (meaning I can also handle the basic functionality.)
Any work that I do outside of the agency I charge a flat rate for, divided into three segments - A 30% deposit, 30% after revisions and 30% before site launch. The project would consist of one mockup, based on criteria and needs provided by you (all information you give me up front including copy, colors, etc), two rounds of revisions based on the original mockup, and a preparation and launch of the final site. The flat rate charge for this project will be $1500, divided by three according to the timeline above.
I look forward to helping you make something amazing to showcase East Coast Drum School. Please let me know when you're ready to move forward!
Thanks," -----
This email can be interpreted in many ways I guess. But my friend supplied him with colors and a logo. This guy even took it upon himself to change the logo! I am looking for the best way to handle this without sinking to this guys level.
I am trying to confirm the Terms on ThemeForest if you are in fact allowed to resell a them like that. It doesn't seem like you are allowed. Unless I am not understanding their Terms.
It's definitely kosher under the Envato's terms. For example, if you hire me to do a website and I use a theme, I charge whatever I want, it doesn't matter what the theme's cost is. I can use that theme once in any project I see fit.
Of course, I'm not an asshole, so I would charge you $1500 for it!
The letter states he would provide a mockup, implying a new or custom design. He didn't mock anything up, only purchased a theme.
Do not pay the full $1500. In fact he is only requesting $1350 clearly stated as three payments of 30% of the $1500. Essentially you are getting a 10% discount on a $1400 over-priced theme.
Just thought I would let everyone know that the designer is returning the $500 payment. His excuse was that there was a miscommunication about what he would be providing and that he has done this "a million" times before and noone has ever complained.
I feel bad for those people that got scammed by this guy.
You cannot re-sell someone elses Theme. period. you can charge for the installing and modification of the theme but for for the sale of the product unless you or the seller is giving you those rights which you or he must own..
i say tell him to Fuc* off, 1500 is bs. i know people got to get paid but thats insane for a theme.. unless it has a ton of functionality..
anyways if he bought it for 35 dollars and is selling it to you for 1500 i say you buy a 1500 dollar gun instead and shoot his dumb ass for ripping you off.
I have a friend who hired a designer to create a website. It turns out this designer bought this theme
http://themeforest.net/item/wordpress-milky-musicbusinessportfolio-theme/752289?no_signin=true
This designer updated the copy, added a logo and is now asking for $1500!
I am looking at the licensing terms for ThemeForest and it seems like this is against their licensing terms.
http://themeforest.net/wiki/support/legal-terms/licensing-terms/
Can someone help me confirm this? I really need to help my buddy figure this out so he doesn't get ripped off.
Thank you
Is there a contract? Does the contract say a custom design?
Do not pay this person $1500 for a theme he did not create. If you can provide some more information on the project I would gladly help you bury this person into the ground.
However, if the contract says he would design it custom and is charging an amount of hours to do so (say 10 hours or whatever), it's clear he did not spend that much time and you can argue that he hasn't fulfilled his end of the contract and you don't have to pay him.
Definitely do not pay this guy. Also, I want to know who this guy is so I can keep on the look out.
Here is an email that outlines what he will provide. There was no official contract. This designer is the brother of a colleague of my friend who doesn't really know any better.
-----
"After looking at the wireframes you sent through yesterday, I think working on a blogging platform is the way to go for your site. It'll make it easy for you to update yourself without having to get help every time you need to add some text, an event, a link, or a video (which is FREE)...always nice. It will also save you from having to go through costly developers to have the site made functional once it's designed (meaning I can also handle the basic functionality.)
Any work that I do outside of the agency I charge a flat rate for, divided into three segments - A 30% deposit, 30% after revisions and 30% before site launch. The project would consist of one mockup, based on criteria and needs provided by you (all information you give me up front including copy, colors, etc), two rounds of revisions based on the original mockup, and a preparation and launch of the final site. The flat rate charge for this project will be $1500, divided by three according to the timeline above.
I look forward to helping you make something amazing to showcase East Coast Drum School. Please let me know when you're ready to move forward!
Thanks,"
-----
This email can be interpreted in many ways I guess. But my friend supplied him with colors and a logo. This guy even took it upon himself to change the logo!
I am looking for the best way to handle this without sinking to this guys level.
Thanks so much for the help.
I am trying to confirm the Terms on ThemeForest if you are in fact allowed to resell a them like that. It doesn't seem like you are allowed. Unless I am not understanding their Terms.
Thanks
If not I will be happy to let you know who he is.
Please let me know if you guys have any thoughts on what you would say to this guy.
Of course, I'm not an asshole, so I would charge you $1500 for it!
Do not pay the full $1500. In fact he is only requesting $1350 clearly stated as three payments of 30% of the $1500. Essentially you are getting a 10% discount on a $1400 over-priced theme.
I'll definitely let you know what happens over the next few days.
Should be interesting.
His excuse was that there was a miscommunication about what he would be providing and that he has done this "a million" times before and noone has ever complained.
I feel bad for those people that got scammed by this guy.
Thanks everyone for the responses.
And yes, a lot of people get taken by people like this. CLEARLY he isn't properly explaining what his clients are receiving.
i say tell him to Fuc* off, 1500 is bs. i know people got to get paid but thats insane for a theme.. unless it has a ton of functionality..
anyways if he bought it for 35 dollars and is selling it to you for 1500 i say you buy a 1500 dollar gun instead and shoot his dumb ass for ripping you off.