| Chakery Design |
| Chakery Design Malcom Chakery Stalled, never started project, made threats, no apology, no refund Arlington , Texas |
| 6th of Jan, 2011 by User314135 |
I hired Chakery Design to design two websites for me, totaling $3,600. I paid both in full within one week of agreeing. Malcom agreed that the first site would be done in 2-3 weeks. The second week I wanted to start the second site, and got no response for it. After 5 weeks went by, I started calling and emailing to get some response about my website progress. I received an email telling me the whole family was sick so they couldn't call or email me. The website designer was also sick a week earlier and thats why he couldn't make progress on my site. Over 5 weeks I only saw two mockups for the first site which were templates. The agreement was that I would get two custom websites, not templates. That is clearly fraud. The last time I contacted him, I requested the work to get done quickly or to issue me a refund. He responded after a couple days and started sending me threatening emails about suing me and told me to "lawyer up". I disputed the charges with my credit card issuer since I have seen no real work on my first site, and no work at all to show for my second site, since it was never started. I still have not been refunded. I am awaiting reimbursement for my credit card issuer, while Malcom continues with threatening emails to slander me on the internet and sue me in Texas.
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Just to give you a preview of what you are about to read.. This is a letter from CD to our merchant processing company PayPal that we sent in to dispute the chargeback when Jonathan Martin, Shorthills, NJ Riveting Media went to his credit card company and asked for his money back. When he did that PayPal automatically takes the money from my account while they investigate the dispute. Jonathan Martin, Shorthills, NJ Riveting Media claimed that we did no work and so on. My claim was that Jonathan Martin, Shorthills, NJ had a signed contract, and had changed the scope of the services to be completed by our company, and that he had buyers remorse. Based upon the investigation from Jonathan Martin's credit card company and PayPal they ruled in favor of CD. Jonathan Martin has now taken to alternative means of trying to recoup his money such as posts like these on the internet. Also he has posted my personal information on YouTube and has asked people to prank call me forcing me to file a police report to track the progress of his behaviors. He has sent letters to the better business bureau more than once even after the case has been considered settled with the BBB. Please read below.
This is a seller response letter letting you know that Jonathan Martin, Shorthills, NJ Jonathan Martin Films who is the son of Kathleen Martin signed up for a website http://jonathanmartinfilm.com to be designed by our company CD. We have done work that the client has approved. We keep every response from our clients on file. The client in our opinion is trying to take the work that we have done to another design firm and is only reversing the charges due to financial troubles on his end. Just to be clear this is the son named Jonathan Martin who has used his mother’s credit card to purchase a website.
In the very beginning the client Jonathan Martin presents us with sites that he would like us to design his site based off of these sites mentioned by him below on November 30, 2010
I haven't decided on a name or domain yet. I was wondering if you had any suggestions for a short name that domain is still available as a ".com"
Here are some sample sites that I liked:
The flash text changing on blue on each page is really nice. http://www.auroracoast.com/contact.html
This is really creative: http://www.groovylikeamovie.com/#home
So these were the sites that we came up with based on his feedback. November 30, 2010
Here was the first design concept that we presented to the client http://www.chakery123.com/clients/jonathanmartin/mock01/ "link is now inactive"
His response was..
Jonathan Martin Sun, Jonathan Martin Films - Riveting Media 19 Dec 2010 at 12:35pm
Thanks! It looks really nice. I like the background and the color of the company name on top. And the overall layout is nice. I wish I could see how the other pages work, and videos play. Could the videos when played, open on top of the window (ex: previewing a music video in itunes)?
I really like the font and size, looks perfect. Will the testimonials fade in and out? Do you have any really creative designs/layouts I could see? Something as creative as this: http://www.groovylikeamovie.com/#get-in-contact
I really like the clean look of the one you have though and color, I just want to see some others to make sure this is the best. Thanks!
MC Sun, 19 Dec 2010 at 7:36pm
Jonathan,
as soon as the home page is approved our designer will begin working on the inner pages like your suggesting above. we want to make sure that we have everything on the home page as close to perfect as possible.
Jonathan Martin - Jonathan Martin Films - Riveting Media Sun, 19 Dec 2010 at 9:28pm
Ok great! I do love the clean layout of it, I'm just thinking if it could somehow be really creative and show/feel what the business is about, if possible. But it looks great either way.
Web Team Mon, 20 Dec 2010 at 7:49am
Jonathan,
OK then let us know, is the home page design finally approved? Once we get final approval from you then we will move forward working on the other pages.
Thanks
Web Team
Jonathan Martin Jonathan Martin Films - Riveting Media Mon, 20 Dec 2010 at 9:05am
no, I just want to see a couple more mockups before I finally decide on one. Something really creative.
Come December 27, 2010 we come up with another design concept after going back and forth with the client to make sure we did it the way that he requested
Jonathan,
We have created 2nd mock up. Please take a look at http://www.chakery123.com/clients/jonathanmartin/mock02 and let us know your thoughts.
Thanks
Web Team
Pay Pal Team: This is where Jonathan Martin, Shorthills, NJ makes up his mind that he has totally changed the scope of the project by requesting us to design a full flash site where we had agreed to some flash functionality as we do that on all of our websites. But here you can see the client is now looking at $65 dollar templates. In his mind he made the decision to reverse the charge and try to find a $65 template. His response below.
It looks like the same layout as the first mockup. I'm looking for something very different than most sites, and more creative. I mean the way people will navigate the site needs to to be very different. Here's three sites that I really like, especially the look and layout of the first two listed here:
http://www.saizenmedia.com/reinvented/
http://www.flashtemplatestore.com/preview/300110890
http://www.flashtemplatestore.com/preview/300110788
But at the start of the project the client said that he likes this
Here are some sample sites that I liked:
The flash text changing on blue on each page is really nice. http://www.auroracoast.com/contact.html
This is really creative: http://www.groovylikeamovie.com/#home
So these were the sites that we came up with based on his feedback. November 30, 2010. We had almost completed what he had initially requested and now he is changing the scope of the project at the end. Again the client had it in his mind that he was going to reverse the charge once he found templates. See our conversation back and forth below.
Web Team Tue, 28 Dec 2010 at 12:51pm
Jonathan,
I have checked the 3 above reference sites. Those all sites are in Flash based website. So in the HTML based website can’t be created animated effects like those sites. Yes we can take layout design as referenced and can create something like those designs, but can’t use the animated affects. Hope you understand what I mean.
Thanks
Web Team
Jonathan Martin Jonathan Martin Films - Riveting Media Tue, 28 Dec 2010 at 12:53pm
“I don't understand why you can't do a flash site? I've had a flash site before this. I don't want something lesser quality than what I'm replacing. Cant you use flash templates? I definitely have to have flash. “
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You will notice that he is now requesting us to use flash templates. If you look at what he said I the very beginning he is not asking for a full flash site at all. The sites he mentioned in the very beginning are very minimal with regards to having flash.
The client was providing us with content on December the 25th. When our contract clearly states below that we are not required to start the project until we have received all of the content from the client. We still went ahead and did work before he provided us with all of the content. Once he sent us what he did, he expected us to have the project completed over night. See our terms below.
6. TERMS & CONDITIONS Client shall provide all of the content for the project before CD begins its work.. The Client must provide all of the content in digital format, i.e. Word, JPEG, TIFF, Excel or other compatible format, by email or other compatible electronic means, to CD. Client must provide its logo if CD is not contracted to create one. The Client will designate a contact person that can make decision related to the project. If the Client wishes to change the scope of the project any time after it has been approved by Client, the Client agrees to pay CD to make the requested changes, at CD’s standard hourly billing rate.
We also have a policy on refunds were it is clearly stated that we do not offer refunds on funds paid to CD. Please read the terms below.
3. PAYMENT Client shall pay CD in the amounts set forth in the Project Estimate. The Amounts in the Project Estimate represent an estimate of the scope of work required to complete the project. In the event the actual work exceeds the Project Estimate, CD will secure Client’s approval before commencing any additional work on the project. No files created by CD will be transferred to any party until payment terms are met. There are no refunds on funds already paid to CD.
4. TERMINATION If for any reason Client terminates the project, Client will be liable to pay CD the full amount for work actually performed, up to effective date of termination. If Client allows the project to be placed on hold for more than two weeks, payment for work already performed to date will be due. No refund will be issued on funds already paid to CD.
Kind Regards,
Malcom
So in this rebuttal I am simply pointing out that the client is obviously upset because of the fact that his own credit card company did not rule in his favor. They called it “buyer’s remorse” so now Jonathan Martin has gone to great lengths to defame me and my company online which has been in business for almost a decade. We have worked with clients like American Airlines, Texas A&M, Lockheed Martin, Georgetown University, University of Michigan, Dallas Baptist University, University of California, Santa Barbara and have a great track record for taking care of our clients. So when I see Jonathan Martin go onto YouTube and post my personal information and request people to call my company and prank call me like he did, I had no choice but to file a police report so that it was documented. The same way he has posted here he has posted on many other sites including contacting our better business bureau and they too have closed out the case and have considered it settled. |
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There were multiple instances where Chakery Design delayed the work on the site. They even claimed to be sick, twice, including his family and website designers. I didn't get a response for almost a week. It took many phone calls and emails to finally get a response from Chakery. I have emails that show how he delayed the progress over five weeks, even after I told him this needed to be done in 2-3 weeks. I responded within 1 day to every email I received from the website designer so Chakery cannot say I didn't communicate with them. I wanted this done fast, so obviously I would respond immediately.
I also canceled this service on January 5th, after many delays. As you will see in the email I sent, I said, "Stop all work on both sites immediately" (see email date of Jan 4th 2011) He started to threaten me with lawyers at this point so I made the decision to not do business with this vendor. Up until this date, I never saw any work from the second website. As for the first one, all I received were photos of website templates. They were samples essentially. That is not a website or even close to a finished product. By not having this site up on time, Chakery has cost me lost revenue for my business. As of right now, I still do not have a website. If he performed the service I paid $3600 for, then I would.
As you can see in other emails, I ask whether he needs me to submit anything else for the site to be completed since I didn't hear from him again for almost a week. He apologizes for the delay again, and says his designer was sick again, and his family was in for the holiday. That is NOT the customer's problem. Chakery also does not say that I need to submit anything else for them to begin work. This site was essentially never started, just delayed, delayed, delayed.
I NEVER approved any website or design from Chakery. Both sites were never started. I said I wanted to see more mockups like what I was asking for, and all I got were delays after that. So in conclusion, no product or design was ever approved or delivered.
As for Chakery's contract, I never received any project files from this company, therefore I do not owe them any payment or partial payment for any work they claim they performed. I reiterate, I never received any project files from Chakery Design. No product was EVER delivered. |
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| Update: June 21st 2011. Chakery Design agreed a couple months ago to refund me and I have won the dispute. All money has been returned to me as of this date. |
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