I have agreed to undertake he design and delivery of a website for my cleint. their is a contract, but it is unsigend by both parties.
The work has been partially paid for ( 2/3rds )
The work has been partially delivered ( 2/3rds )
their is no detailed specification or outline of the work to be delivered and I have undertaken some additional activities within the agrement ( facebook marketing and marketing consulting, meetings, photo editing etc )
The client hates the work, and is not sure what they want to do now but has :
not paid the third invoice ( 80+ days overdue )
has not agreed a revision of the work ( as offered ). At the last meeting I asked them to collate what they wanted/liked on other sites and send it to me so I could reply on feasibility.
has verbally mentioned a refund ( in full ) but not asked for it.
at our last meeting ( approx 1-2 months ago ) we agreed that he would decide on sites he liked to get a agreement on what I would deliver. this has not happened.
where do I stand?
I am inclined to advise him :
a) the contract/agreement is now defunct, as payment has not been made and no agreement is pending
b) an agreement on changes to the work within the initial budget to be agreed and delivered on payment of the invoice
c) an agreement on serious changes - requiring a new agreement, cancelling the original and replacing it with a new one
d) offer a partial refundof monies paid in light of cancelling the agreement in a 'no harm no foul' manner.
would any of this be appropriate ?