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1 I have not signed a formal contract with a regular client of mine, but in the
advance invoice I mentioned the cancellation policy. Will that suffice to charge
cancellation charges?
2 Also, the client is non responsive and not taking the project forward NOR
cancelling it formally despite many notices, so can we cancel it at our end since
the stipulated timeline has passed anyways.
3 Client may try to use the advance give as a pay off for another project I just
completed. What is my recourse for that?
Asked on September 13, 2019 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) If you provided notice of the cancellation policy and any cancellation fees BEFORE he agreed to use you, then by going forward with hiring you foe the project, he would be held to have agreed to that policy and you may charge him. The key is, he must have had notice, so he can be said to have agreed to it, before you started working together, because you cannot change the terms after the project started.
2) If the client has not done what he needed to do to move the project forward and caused deadlines, etc. to be missed, his failure would be a breach of the agreement (written or unwritten) and you could terminate the agreement.
3) If he does not pay all amounts due (including trying to apply a deposit for project 2 to project 1's balance or arrears), you could sue him for what he owes.
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