Interactive2K Studios / Brian Mann has made false claims.interactive2K Studios / Brian Mann said that we did not have a written agreement, implying that he made no written offer and I did not accept in writing. An agreement may be considered a contract. Note the following legal definition of Offer and Acceptance:
Offer and Acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person ("offeror") to another ("offeree") of the offeror's willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree.
On Dec 28, at 10:14 PM I wrote Interactive2K Studios / Brian Mann the following (excerpt from email):
"I was wondering if you are in a tight spot financially, as I would send a down-payment for the website work to assist you. If not, I can pay you all at once or as you prefer."
On Monday, December 28 11:30 PM, Interactive2K Studios / Brian Mann replied (excerpt from email):
"I indeed trust you so don't worry about paying until I deliver the final. I will give you a call on the 4th and we will start to rock and roll on the development. Enjoy your time and looking forward to delivering you a great polished piece!"
In the written email correspondence above is an offer and acceptance that perfectly fits the definition of Offer and Acceptance above that clearly establishes the traditional approach in contract law used to determine whether an agreement exists between two parties.
But as stated already in this report, Interactive2K Studios / Brian Mann reniged on the agreement, and Interactive2K Studios / Brian Mann's rebuttal, meant for his gain here, is purely false and deceptive.
But Interactive2K Studios / Brian Mann's victimization does not stop there. He threatens to ruin my business and my life. Please note Interactive2K Studios / Brian Mann's following emails excerpts in Interactive2K Studios / Brian Mann's own words:
Thursday, January 28 7:15 PM: "You have 24 hours to remove or post an official signed agreement to rip off report or I will post and spam to make sure bionade gets the fair shake as well."
Thursday, January 28 9:14 PM: "So like I stated before, you know what needs to happen before close of business tommorrow. If not I have a heavy market on web marketing and search engine crawlers. You do the math"
Friday, January 29 5:04 PM: "You have about an hour:) don't make this mistake!"
After Interactive2K Studios / Brian Mann being repeatedly told to stop emailing me and using my email with authorization Interactive2K Studios / Brian Mann wrote (vulgar language augmented):
Friday, January 29 7:41 PM: "I enjoy emailing u regardless of your research and your staff. That's what kills me... Your staff so so funny. What your old a*s mom probably has a audio recording device in her hearing aide. So does that constitute as an audio conference:) dumba*s over the hill motherf*ker go take your wanna be knowledge about contracts and do somemore research because it takes a written signed document to be official... If u post another thing on usacomplaints.com I will spend the entire weekend to destroy and crediable customers u may have on any of your sites remember I know everything about u and your business and even your credit card so dont f*k around and leave this alone for your own good... Trust me don't step in sh*t!"
After explaining to Interactive2K Studios / Brian Mann that he has violated my terms and service of use wherein he has used my email address without authorization and that Interactive2K Studios / Brian Mann was warned not to write me or use my email address Interactive2K Studios / Brian Mann and billed him for the costs in accord with my terms of service and use for unauthorized use of my email Interactive2K Studios / Brian Mann wrote:
Friday, January 29 9:16 PM: "Well thats 10,000 for unpaid consultation bring it!"
I never agreed to the fraudulent internet bill from Interactive2K Studios / Brian Mann for $10,000 in consultation.interactive2K Studios / Brian Mann did not discuss consultation fees with me till the fraudulent charge was emailed to me.
I firmly believe that I was further victimized by Interactive2K Studios / Brian Mann wherein Interactive2K Studios / Brian Mann threatened, "I will spend the entire weekend to destroy and crediable customers u may have on any of your sites remember I know everything about u and your business".interactive2K Studios / Brian Mann's statement regarding my credit card was considered by my bankers and I to be an implied threat to fraudulently use my banking information and my bankers recommended that I shut down my online banking, which I did Friday night.
My mother and I have gone through alot of grief over what Interactive2K Studios / Brian Mann has done the last few days, and we are still very upset and afraid that Interactive2K Studios / Brian Mann will cause some harm or damage to our business and our lives.
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