Usacomplaints.com » Internet & Web » Complaint / Review: Haven Rich Designs/Enchanted Web Style - Web design, fraud, cheat. #402575

Complaint / Review
Haven Rich Designs/Enchanted Web Style
Web design, fraud, cheat

Web designer conducted her business without a contract, and expects to keep my money because of "good faith" practices. Designer frequently disappeared, and was a terrible communicator. Has issues with communication because my expression of my uncertainly and mistrust of both her dedication and business acumen was ignored—since I said "I like this" at the beginning, the web designer took it to mean that any complaints after that were basically null and void. I terminated our association after two months of trying to keep in touch with the designer, and trying to confirm the design. When I pulled the plug, the designer flounced away and stopped reading my emails. I lodged complaints on other online websites and the designer obviously emailed former clients—who apparently are acquaintances whom didn't mind an unprofessional designer/client relationship—to negate my complaint with fulsome praises. The designer also stepped in to comment and basically placed the blame at my feet, ignoring the fact that she did not give my any confidence in her by her frequent disappearing acts. What takes the cake is when designer not only revealed that she consulted with someone else on the situation rather than continuing correspondence to try and understand my feelings, but her response to my termination was "I have done my very best to smooth over this issue, multiple times, by finishing the design that until December 12th, I thought the client wanted and was satisfied with."—which not only is a blatant lie (documentation shows I terminated the association November 13, after the last time I heard from the designer [Oct 27] was when she told me she was on vacation. My email response [Oct 28] clearly stated that I was WORRIED because I hadn't heard anything from her.), but why would a person keep plugging along on something their client wasn't satisfied with? I told the designer the design was alright, but I was most upset because SHE DIDN'T COMMUNICATE WITH ME and that made me feel insecure about whether I was being ripped off or not. Also, the last I heard, she was on vacation—between Oct 27 and Nov 13, when did she get back and start working on the design again? The designer owes me $110 dollars. She refuses because we apparently made an agreement in "good faith"—and in no email did she state that she doesn't refund deposits if the association is terminated. That omission was deliberate, and the designer defrauded me.

Here is the email log:

Okay, here's our entire conversation, uncensored. I've added my hindsight asides in brackets.

Designer to Client - 9/19/08

I'm so glad you enjoyed the Risky design. I really enjoy designing historical sites. I'm a Beau Monde member and currently working on my own historical novel. So the historical sites are always so much fun.

The price ranges for wordpress sites start at $175 and go up from there. If you're interested, I also offer hosting (plans begin at $5 a month) and will soon offer domain purchasing. My site isn't officially launched yet as I still have a few kinks to work out.

Thank you for contacting me. Please tell me more about your project. I did have a worksheet to send but I recently suffered a major power outage from hurricane Gustov and lost a few files (power surge caused me to restore my pc). None of my client's projects suffered as they are all stored on my backup, which is perfectly safe! Thank goodness.

If you have other sites you like, I always recommend finding three with features and/or color schemes you like. Or if you already have an idea of what you want, please describe it as best you can.

Client to Designer - 9/20/08

I hope you're safe and sound despite Gustav. As for my website, I have hosting and a domain. I've run [Site Name] from the free wordpress site and wanted to upgrade to my own domain due to its extreme popularity in such a short amount of time. I also write historicals and hope to be a historical consultant, and in lieu of setting up a separate site for my books and my business, I want to integrate an author site with my history blog, since the Edwardian era and promoting it is so vital to my career.

Regarding its design, I like the three column look of my current template, and the template of [Sample Websites]

But I want it to pop, and not be a run of the mill blog design. I also like the design of the following:
[Sample Websites]

So in order to integrate the differing website agendas, I am going to keep the actual [Site Name] blog on the main page, and the other pages will be accessible through the menu (Home, News, About, Writing, A Miscellany, Links). However, under "Writing", I really like how [Sample Author] has set up her bookshelf page [Sample Site] ; and the sub-pages associated with them), and while I'm not advocating copying, I'd like a mix of that style and this style [Sample Site].

Another important aspect I would love to have is for my blog and page titles to be published as a script/graphic/? Much in the manner of [Sample Site].

For the columns flanking the main blog column, the right column will feature sections on:
1.interesting Books, Movies, TV series (entitled Media) in widget form, meaning I can edit with html myself
2. Blog links
3. Affiliates (the logos and banners listed on my present site)
4. Counter

The left column will feature:
1. Upcoming Posts
2. Recent Posts
3.interviews
4. Archives
5. Subscribe to blog feed and/or comments

I also find it imperative that I can be able to edit and add information in an easy manner, since it makes it easier for you and I to communicate if you don't need to fix up every little thing I need. Let me know if I've been overdetailed, underdetailed, etc.

Designer to Client - 9/24/08

I just wanted to touch base and see how things are going.

Client to Designer - 9/24/08

I responded a few days ago? Did you not receive it?

Designer to Client - 9/24/08

I don't think I received it. I had a virus attack my system, and lost some of my emails. I was lucky enough, however, that my email addresses weren't hacked. The problem has since been solved!

If you could, please resend the email.

Thank you and I'm sorry about not seeing your email.

Client to Designer - 9/24/08

Not a problem!
[design info resent]

Designer to Client - 9/24/08

This is great info! As you know plug-ins and widgets make using wordpress very easy and extremely maintainable!

[Sample Site] site is made by the person I admire most in website design.

I'll get started on this!

Designer to Client - 9/4/08

[sample.jpg]

Ok, I've got a first rough draft for you! This is only a sample header but I want to make sure I'm on the right track with what you want.

[E: This should have been where I called in the towel. The header was for another site, and I was immediately taken aback, wondering if the designer had sent me someone else's design on accident. I just felt uneasy about the designer possibly mixing up designs—and that she may not have the chops to produce what I wanted. Oh well.]

Client to Designer - 9/25/08

*g* The title of the blog is "[Site Name], " but the overall concept is great. The color scheme is spot on. I don't know if I said this yet, but the striped background of my temporary template [Site Address] is something I love. When I saw it, my mind thought: stockings. And from there, it branched into can-can dancers from the Moulin Rouge, and the glossy, high-spirited and crisp atmosphere of art nouveau. I'm linking some photographs to show you the mood:

[Sample Photos] (LOVE the yellow and black stripes. What about that color scheme? Rich yellow, black and the gray of my temporary website?)
[Sample Photos]

Here's another website I've admired: [Sample Site]

Designer to Client - 9/28/08

After reviewing the information you've sent, I have a very clear idea of what you're asking. The price will be $220 total. I do request half to be paid up front, with the remaining about paid upon completion. If this works for you, I'll continue my work for your design.

I know you mentioned a launch date of Dec 31st, but if your schedule allows, we can have it launched before then. That is entirely up to you.

Once the site is launched, I stay on for one week for minor adjustments that might be needed.

Client to Designer - 9/29/08

That is a very fair price! How shall I pay? Paypal?

[E: stupid, stupid me. Should have gone with my gut and said straight out what I wanted instead of leaping to pay her, trusting she would pull through in the end.]

Designer to Client - 9/29/08

Yes, paypal is preferred. I can issue an invoice or you can pay directly to —@—.com. If you'd rather me send an invoice, I'll need to know at which address it should be sent.

Client to Designer - 10/8/08

Just checking in to see if you're received my payment of $110 and how the website is going.

(E: Obviously did NOT receive a paypal confirmation. Designer shouldn't have assumed anything, whether PayPal sent their own invoices or not. Dumped the blame on me of course—I wouldn't have emailed for a confirmation if I had received it.)

Designer to Client - 10/8/08

I did receive the payment and I've begun on the design. I'll have a preview of the header for you within a day or two.

Designer to Client - 10/11/08

[sample.jpg]

Here is the sample I mentioned. Let me know your thoughts.

Client to Designer - 10/11/08

[layout sample.jpg]

It's very beautiful and autumny. I really like the color scheme and the photo you've used. I know I gave a ton of websites whose layout I liked, but I've narrowed my inspiration down to two websites with a rather similar look: [Sample Sites]

Not actual copies, but in the vein of the blocked off sections.

[E: here I was, trying to spare her feelings and not tell her I wasn't very crazy about her mock up. I then sent her a little mockup of the layout I wanted, hoping that she would follow it.]

Designer to Client - 10/11/08

Would you mind if I changed the colors up? I have a really great idea with a scrapbook-ish theme. It'd make the colors more wood-ish and vintage looking. I would keep the dark grey but go with more dark cherry (or the colors of the woman's chair in the previous image). And various shades of cream/beige.

Client to Designer - 10/11/08

I wouldn't mind at all if you have something cooler in mind.

[E: Once again, not wanting to hurt her feelings and tell her exactly what I wanted. This is what I get for being 'nice' to someone I essentially am in charge of]

Designer to Client - 10/11/08

[sample3.jpg]

Here is one based on the sites you showed that you liked. I went with an old photograph theme.

Client to Designer - 10/11/08

I like it! Could you incorporate the original header (the copper one) with this design? Sort of making the top part of the design in one "piece"? Could you also try the deep yellow, gray, and black color scheme I'd initially wanted, just to see how it looks?

[E: my lame attempt to be firm. Ha! ]

Designer to Client - 10/13/08

[sample4.jpg]

Are you thinking something long these lines?

Client to Designer - 10/13/08

Oh yes, but with that white space—where the actual posts and pages shall be—as narrow as the design just before this one (the gray one).

Designer to Client - 10/13/08

You mentioned before you wanted a three column design. With a narrow center, it'd be harder to fit all the information in with three columns, making it better for two columns.

Client to Designer - 10/13/08

Two columns would be fine then.

[E: My acquiescing to what I hoped was her expertise—I'm no designer.]

Client to Designer - 10/26/08

Just writing to check in on what's happening with the website.

Designer to Client - 10/27/08

I had been working on it, but I'm currently at my sister's in [State] and all my files are on my back-up at home. I'll be back soon and will send you the latest update then.

Client to Designer - 10/28/08

Hope you had a good time with your sister. I was a bit worried since I hadn't heard from you in a while, but I'm glad you took time off to be with family.

[E: Me being 'nice' again! What utter rot! ]

Client to Designer - 11/13/08

I appreciate the preliminary work you've done on designing my website thus far, but I would like a refund for the down payment I placed on my web design. Though I placed a very loose date for the completion of the website, I however, do not appreciate the sporadic communication between us, particularly when you went on vacation (which in concept I don't mind) and failed to communicate this with me. Designing websites can be a hobby, but when a business is set up for which services are provided, long absences and failure to communicate is distinctly unprofessional. Please deposit the money into the PayPal account I used to pay you. I hope you serve your next clients well.

[E: Yes, the last email she sent was October 27th! ]

Designer to Client - 11/14/08

I have been steadily working on your site design and had not had anything new to report, which explains my lack of communication. The graphic part of the design can be very time consuming and what I provided for you is a mock-up. Which means it had imperfections and is a rough draft. I highly doubt you would send your first copy to a publisher and expect them to publish it. The same goes with graphics. What you saw was an "ideal concept" that I use to see what the end product should look like. Once the fine-tuning of the design is done, I would then submit a final "mock-up" of the images that would be used in your design.

While I work on the design, I also work on the coding, because in truth a person can only look at pixels for so long before they get a headache. So I simultaneously work on the coding for the site. The coding done for the website is very unimpressive and very commonplace but also very time consuming. The average website takes about 40 pages of detailed coding and blogger (if widgets are to be kept) takes around 60.

Also, as far as I knew, the deadline was to be December 31, which the way things are moving the site could be relaunched on mid-December. I would really like to continue this project with you as this is my work and not a hobby. I would also like to mention that my short vacation was exactly that, a mere few days. While I try to keep normal business weeks, working Monday-Friday, I often do work weekends (despite my husband's groans). The email you sent while I was away was received on a Sunday after 9pm and I promptly replied to it on Monday at 4am.

As I said, I would like to continue the work on this site and await your reply.

Client to Designer - 11/14/08

I have previously worked with a big design firm whose designer was in constant communication with me during the design process, which, incidentally, was completed within the month I hired them. Which brings me back to the subject of the email: communication. I contacted your design firm in the middle of September, and it is now the middle of November, and communication has been a bit sporadic—including when you asked for the down payment and I sent it, and you failed to confirm your receipt of it. I just haven't felt very confident in the design process, which causes me to feel uncomfortable and dissatisfied with our working relationship.

You mentioned sending in a draft to a publisher, but once you have an agent, your agent hopefully keeps in contact with you on a regular basis, and your editor does as well, just to check in with you and make sure you're on top of things they feel you should be on top of. This is a professional relationship between a designer and a client, but I don't feel it has been so thus far. Like I said, I don't mind your vacation, but we hadn't communicated in over a week and I had no clue what you were doing, as for two days before you'd left, we'd been emailing one another and receiving near-instant feedback. Then, I sent you an email addressing your concern and got no reply. What was I supposed to think? You didn't tell me you would be out of town and away from your computer or anything. It just looks like you start to work on the website and then go off and do something else for a while—I can't see you, and you don't give me any weekly updates, etc. As I said, it leaves me feeling uncomfortable and uneasy, particularly since I did put money down on the design, and in times of financial instability, it's rather trying to have paid for a service and feel as though the designer absconded with your money.:/

Designer to Client - 11/14/08

If you'd like, I can step up the work on your project and get it done ASAP. I paced my work on your site on your completion date. Also, before now, I've never had a client who wanted updates as you do. Not saying that is bad, I'm just not accustomed to it. Typically, they only want to hear from me when the design is ready to be put up.

I didn't confirm the paypal payment because payal normally sends out its own confirmation emails.

Please let me know if you'd like me to complete this design.

BTW, I am up tonight working, so if you'd like to email further, feel free to do so.

Client to Designer - 11/23/08

Thank you for your prompt response. I'm still on the fence as the woman who designed my current wordpress theme has given me a pretty reasonable quote for her own designs.

Designer to Client - 11/23/08

I do my websites on a good faith contract by providing half payments. If I fulfill my part and expect the client to fulfill theirs. And because work has progressed passed the half-way mark, I can not, in good faith, issue you a refund.

Now provided that you are able to assist in getting things up, content and information, I will gladly complete your site by Dec. 31st. I have been putting the finishing touches on the design and will be sending you a preview for you're approval, if you are still interested.

Once the site is up, per the agreement, I would expect the remaining amount to be paid.

Please contact me and let me know how you wish to proceed.

Client to Designer - 11/23/08

I've just felt dissatisfied with the proceedings thus far. I don't begrudge your time or your efforts, but I'm just not enthusiastic or encouraged by the process with which this project has gone through. To be entirely honest, I could take or leave a new design for my blog. The obtainment of one has caused a bit more strife than it's worth.

Designer to Client - 11/23/08

I'm discontent with having things end in this manner but it seems, despite all efforts [E: WHAT EFFORTS?! ALL THE DESIGNER REALLY TOLD ME WAS THAT SHE DOESN'T REFUND MONEY. The end. HOW IS THAT IN ANY WAY REASSURING TO SOMEONE WHO IS DISSATISFIED? ] it is time to call this project void. If at a later time you wish to have this design completed for you, I would only request the final payment.

[E: As you can see, she didn't hear ME. My dissatisfaction and uncertainty were blatantly ignored. And she made no attempt to apologize for her actions, nor did she even want to address anything I'd said. Her mind had already been made up that the association was over and she'd move on to the next client—with MY MONEY]

Designer to Client - 11/23/08

I hate for asking but a thought occurred to me. Is the reason you don't want the site completed due to the money? If so, I can postpone the launch or even take small payments until the full amount is paid. I know during these hard times that everyone is watching their pennies. So if this is the case, please know that I will work with you, as I have done with other clients.

[E: She saw what she wanted to see. As seen in her rebuttal to my complaint, she contacted SOMEONE ELSE to understand ME rather than asking ME what it was I felt! ]

Client to Designer - 11/23/08

It isn't the money. I actually queried you and the designer of my present design at the same time, but she just responded two weeks ago, due to a glitch with her email program. Of course the fact that she offered a lower amount for her design is a good incentive, but I also measured this against the fact that the design I desired was a modification of her design, and it would be a violation of copyright for another designer to use her design as a leaping point for theirs. I've just had an uneasy and uncomfortable feeling about this whole thing since I put down the deposit, and the circumstances which unfolded after the payment only increased my unease.

[E: She didn't even respond to me. So I forwarded the above again. This is her response (kind of petulant and patronizing, no? ]:

Designer to Client - 12/10/08

Yes I did receive that email but didn't see that a comment was needed. You have made your decision and I respect that. So I was under the impression that you have terminated the project. And no, a modification of her design would not be against copyright, so long as I didn't use her design. Anyone can create a replica. I just wouldn't be able to use her template to make the adjustments.

I do hope that your preferred designer will finish the project to your satisfaction.

Client to Designer - 12/10/08

So... No refund? Of at least a portion of the down payment? I've never heard of such practices in my life.

Designer to Client - 12/10/08

As stated in a previous email, I do my websites on a good faith contract by providing half payments.[WTH DOES THIS ACTUALLY MEAN? That by giving a client the option to pay half, the client has no right to terminate the association before completion? ] If I fulfill my part and expect the client to fulfill theirs.[WHICH IS WHAT? To pay half up front and wait for the designer to contact them with the finished product? ] And because work has progressed passed the half-way mark, [I'M SKEPTICAL ABOUT THIS: THE ONLY SAMPLES SENT WERE OF HEADERS—NO MOCK-UP OF THE CONTENT OR LAYOUT WITH CONTENT WAS EVER SHOWN. I LEAVE IT TO THE DESIGNER TO PROVE ME WRONG.] I can not, in good faith, issue you a refund.

Client to Designer - 12/10/08

I've never heard of that business practice before in my life. Most importantly, THAT particular practice of yours was NOT discussed when we made contact. I'm going over our correspondence and here's a break down:

Sept 15: I contact you through your website
Sept 19: You respond
Sept 20: I write back
Sept 24: You write, having not received the email I sent on the 20th. I resend my info. That same day you send me a copy of a design you're doing for someone else (which BTW, confused me because it appeared as though you sent me something you meant to send to someone else).
Sept 25: I send more examples of what I would like.
Sept 28: You "After reviewing the information you've sent, I have a very clear idea of what you're asking. The price will be $220 total. I do request half to be paid up front, with the remaining about paid upon completion. If this works for you, I'll continue my work for your design.
I know you mentioned a launch date of Dec 31st, but if your schedule allows, we can have it launched before then. That is entirely up to you."
Sept 29: Paypal information sent.
Oct 8: I contact you since I didn't get an invoice from PayPal. You respond to tell me you've received the payment and have started the design " I'll have a preview of the header for you within a day or two."
Oct 11: You send a sample header. I respond wanting some adjustments. You want to change the colors from what I wanted, and I allow this, since I want to see what you can do. Another design.
Oct 13: Another design. I offer more adjustments. You ask about two colums v three columns. I say two columns is fine.
Oct 26: I contact you for an update since there was no communication.
Oct 27: You-"I had been working on it, but I'm currently at my sister's in PA and all my files are on my back-up at home. I'll be back soon and will send you the latest update then."
Oct 28: Me-"Hope you had a good time with your sister. I was a bit worried since I hadn't heard from you in a while, but I'm glad you took time off to be with family."
Nov 13: I ask for a refund since there has been zero contact since Oct 28 (a period of 17 days).
Nov 14: You respond, saying you'd been working on the design, but didn't contact me since "had not had anything new to report" and "as far as I knew, the deadline was to be December 31, which the way things are moving the site could be relaunched on mid-December." I respond, informing of my previous associations with web designers and their prompt service AND constant communication. You apologize.
Nov 23: I respond after a few days, since I felt badly for "pestering" you, and thought on what I wanted to do. What follows is a flurry of emails in which I, having a made a decision, would like to arrest our business association and request a refund, but you don't do refunds since "do my websites on a good faith contract by providing half payments. If I fulfill my part and expect the client to fulfill theirs (which is? Just paying and stewing in the interim between design updates?). And because work has progressed passed the half-way mark, I can not, in good faith, issue you a refund."

And now, when you abruptly end communication because you didn't feel you had anything to say.

I'm in awe and left reeling because between Oct 27 and Nov 13, I expected another design update. I didn't give 100% approval of the design and thought it was still being tweaked. I admit that I should have been a lot firmer on telling you what I wanted, how I wanted it, and not letting you put your own ideas in there, but in the end, the whole proceedings have been unprofessional. "Good faith" is not a business deal—a business deal is when a client pays a designer for work they approve of and would like to go ahead.in my experience with designers, we discussed my options very thoroughly and they stated outright, before we even began, that they did only two mock-ups—the first as close to my idea as possible, and the second for minor adjustments. I then paid them for their design after commitment to the mock-up. The design was completed within two weeks, regardless of my deadline, because we were absolutely sure of the design so there didn't need to be this constant volley of back and forth. I gave that liberal deadline because I wanted to give you time to work on other designs possibly commissioned, not for me to work around your life schedule.

[E: OK, now I'm mad. I sent this break down to make her see clearly what my problem was. Can you see it? Let's say it together: COMMUNICATION! But of course she's so myopic, the situation is all my fault.]

Designer to Client - 12/10/08

I am not understanding you at all. Please understand I'm not angry or upset but very confused. At last we spoke, I was under the impression that you wished to discontinue my services for that of the other designer. While I had preferred to finish the project, I understood you didn't like the way things were going. As mentioned previously, I'm not accustomed to updating that often and have never had a client complain about my correspondence.

Again as mentioned before, I was working on coding and didn't feel it needed an update. I knew you weren't 100% satisfied with the design I had presented you and required tweaks but I needed to step away to get perspective when I returned to it. [??? Was this communicated with me? NOPE! DESIGNER JUST RESPONDED TO MY REQUEST FOR A REFUND TO TELL ME SHE DIDN'T DO THEM.] As far as the beginning design, I was under the impression the designs I submitted you were what you wanted (with minor tweaks). If you were unhappy from the beginning I wish you would have addressed the situation then. I design to please the client, not myself. And I can only go off of the feedback that is given to me. [and i can only go off the mock-ups that are sent to me. IF THE MOCK-UPS WEREN'T 100% APPROVED, HOW CAN THE DESIGNER BE PLEASING THE CLIENT WHEN THEY FORGE AHEAD WITH THE CODING, ET AL? ]

I have spent well over 100 total hours on this project and if I hadn't spent such time on your project I would have refunded the money. But fact is, my time and effort was greatly invested. You can not hire a lawyer for a case then decide to not use him and expect your money back. [this is not a laywer/defendant (plaintiff) relationship. I'm not up on my law, only knowing what i see on tv, but i don't think people pay lawyers upfront—and i think you can switch lawyers if you so choose. DESIGNER LIKES TO USE IRRELEVANT EXAMPLES TO BACK UP HER CLAIMS.]

Also, to see where I stood, I also consulted other designers I network with and they agree that with the amount of time spent on the project a refund should not be given.

I'm not sure how to proceed beyond this. As I've stated before, if you'd like me to finish the site I will, but I do need you to state if you do or do not wish for that.

[E: Her first line says it all; sums everything up completely. And you see her trying to be 'polite' as though I'm the irrational one? A master at reverse psychology! ]

Client to Designer - 12/12/08

This is not the relationship between a lawyer and a plaintiff or defendant, this is the relationship between a consumer/client and a goods/service merchant. As such, a consumer/client has the right to ask for a full refund if they are not satisfied and will get it return. If that wasn't the case, the existence of a Consumer Complaint Report would be moot. You say you have worked over 100 hours on the project and were working on the coding, yet you knew I wasn't 100% satisfied with the designs you've shown me? Why would you forge ahead on something your client wasn't completely happy with? Honestly, I don't understand that because that is my main bone of contention besides the communication issue: I was never completely happy with the mock-ups you've made. I said in my previous email that I should have been firmer and said "this is what I want" and nothing else rather than allow your mock-ups to deviate from the vision I had, which I feel you never completely understood or saw. Once again, that was my mistake to keep making excuses to myself for your work and the moment I knew your designs wouldn't work, I should have terminated our business association rather than letting it linger for nearly three months—though, I probably wouldn't have gotten my money back then, would I have? If I was a vindictive person rather than someone who is upset, bewildered and frustrated, I could easily lodge a BBB complaint and have PayPal force your bank to refund my deposit, but I want to clear this up with you. But, since you see that my money was forfeited because of "good faith" I may just have to do that.

[E: This was the end. She has stopped responding to any email I send after this. I assume she either sees my email address and just trashed it, or put me in spam.]


Offender: Haven Rich Designs/Enchanted Web Style

Country: USA

Category: Internet & Web

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