I recently set up as self-employed in my spare time.
One of my first jobs was designing a nightclub flyer. Sounded like an interesting project, he was on a tight budget so I agreed on a fixed price (�50) for the design including a couple of minor amendments, which was exceptionally cheap considering the complexity of design.
In my haste I didn't write up a contract or ask for a deposit. I've been doing pencil portraits on/off for years and don't use a contract for them but then I've never had a problem collecting payment. But with this chap, I do have a trail of emails stating cost, which he agreed to.
He started taking the mickey asking for changes which would have taken a long time, so I informed him that this would go beyond the �50 for design + minor amends as agreed and would push up his costs. So he decided to stick with the design as it was.
Now this guy has disappeared off the face of the earth. Won't respond to my emails or phone calls. I don't have his address.
I would put this down to experience but I also feel like this guy has taken a lot of my time and he should not be able to just walk away without paying for my services, regardless of whether his project went to print or not. I mean it's just plain rude. I watermarked all proofs to him but who knows if he's gone and asked another designer to re-create my designs, or tried to Photoshop out the watermarks.
I really don't expect to ever get a portion of what monies are owed, but would it be fair of me to contact him to ask for part payment or somehow notify him that this is unacceptable? I really don't know how to deal with this. It's not the money, as it was �50 and I can cope without that, but it's the principle, really.
I do now ask clients for full contact details / address for invoicing etc. and I'm working on a simple contract. And also ask for a deposit from some clients at my own discretion.
I did the design on the front of the flyer, all agreed to - but no text for the reverse (or basic text for front) forthcoming as the original venue was changed, from a club in the Northern Quarter of Manchester to another one, which he did not say. He was setting up a student event night, some electro house thing, he wanted the design done first to show the club to give them the gist of the event, then the date could be booked.
Ok, if youre going to put this down to experience then at least you'll be more prepared next time. You don't need a 'contract' as such but just a quotation in writing stating what you will be doing, when you will do it by, what the client will receive and how you expect them to pay for it. This can be by email or letter, but make sure they respond in writing too so you have a record of them agreeing to you doing the work. If they tell you by phone that your quote is ok ask them to send you an email confirming or write back to them confirming that theyve asked you to go ahead.
You must also ask them for all their details - company name (if it's a company), address, etc etc.
With new clients or clients who dont pay promptly we always ask for money up front. If it's a large job then ask for a percentage up front or stage payments for longer jobs. Try and get enough up front to at least cover your costs if it all goes wrong.
If you approach a potential client in a professional manner by asking all the right questions then youre less likely to come unstuck.
I always thought that graphic design was a service that regardless of the outcome, if the client dispensed of your services for whatever reason, they are still obliged to pay you for your time up to that point.
I always conduct business negotiations through email so I have a huge trail and always agree figures beforehand. But a small basic contract would tie in nicely to iron out any confusion later on.
I've had a lot of people disappear off the face of the earth when I've asked up front for contact details, and a small percentage (non-refundable) deposit. The upside to this is that those people are more likely to be the ones who don't pay at the end, so I'd rather do without that kind of business at all!