Unsolicited work, payment requested

[PliSsK]

I made an enquiry with a graphic designer with a view to creating a new logo for my company. I was introduced via a mutual facebook friend, who I have never met, who is in the Philippines. The entire discussion took place on 3-way facebook group message. I provided a sample of the old logo, the existing dimensions, and said I might like to make it twice as wide if it flatter. I enquired what the estimated cost was twice but the question was not answered. The designer did not inform me of what her hourly rates were. I was simply asked directly what my maximum budget was. I informed her and then stated that it's probably best to leave it until I've recreated my company web site and have an exact size requirement and aspect ratio for the image, so we definitely know what the requirement is. She agreed. I was under the impression that this was a general conversation, in order to get an estimate out of this designer, as I was going to approach at least one other for the same.

However, the following morning she sent me files via facebook message, which were logos and said they were samples and nothing more. I was confused as it looked like she'd spent a little time on them, so I enquired if they used an Istock image or similar and she said no, she'd created it herself from a photograph. I then enquired whether the samples were free of charge or whether this was chargeable work and she replied that 'chargeable is better' but did not mention any amount.

The mutual 'friend' has been bullying me into paying her, first saying I should pay 1/3 to 1/4 of the total budget (for 'samples'). Then said at least pay her £30. And before I talked to the designer, my friend jokingly said you have to pay her and made a 'joking' threat.

I informed a UK graphic designer I spoke to about this situation and how this Philippino designer was totally clueless and he was quite shocked and said I should reject the samples, not use them in any capacity and refuse payment.

I do not believe I am obliged to pay for unsolicited goods by law and any payment made would be a donation (or being robbed or blackmail given the 'joking' threat). So I not only did not ask for samples, but she did not ask me if it was ok to start on them, nor if they were chargeable or not, nor if I liked the photograph they were to be based on before starting work on them. So there was virtually no communication. Samples are generally free anyway. The 'samples' are more like drafts of the finished product but I don't quite like them anyway, so I would not be paying for anything usable which defeats the whole point of paying a graphic designer.

This is a total mess on multiple levels, but in my view I never gave her the go ahead, never placed a formal order, and she has sent me unsolicited goods and is requested payment for it. I was planning in the first instance, before flatly refusing to pay, to spell out the situation to her as I don't believe she likely understands what she is doing (or she is just being very pushy and a bit of a chancer, it could possibly go either way), i.e. how I never ordered the goods, what the proper procedure is, what it is in legal terms, and see if she backs off. So far I have informed the mutual friend why I never asked her to start work on it and why she should have communicated at every step had I even agreed which she did not, and would think on how to phrase my response for a few days. I have not been contacted by the designer since. Anyone have anything to add?

 

[simon field]

Yes, forget it and move on.

 

[Mr D]

Sounds like poor communication and unrealistic expectations.

Move on. You haven't been contacted by the designer in a few days - perhaps they have also moved on.

 

[PliSsK]

The mutual friend has already chewed my ear off about it and will likely chase me up again, insisting I pay her something. I think maybe 'buy her a coffee' £5 maximum.

 

[Mr D]

The mutual friend has already chewed my ear off about it and will likely chase me up again, insisting I pay her something. I think maybe 'buy her a coffee' £5 maximum.

So don't listen to them on that.

 

[Frank the Insurance guy]

Don't make any form of payment, as that may be used against you in future to imply that you had entered into a legal contract, as you paid for the work!

 

[WaveJumper]

Also sounds like you need a new mutual friend

 

[Newchodge]

Also sounds like you need a new mutual friend

Or, at least, to lose an old one.

 

[PliSsK]

Thanks for the input everyone. Yes the mutual friend is just a casual facebook acquaintance, so given her initial joking threat about paying her designer friend before we even started did not bode well either. Some people seem ok until you have any kind of business with them and then they turn into idiots. I was considering giving her something initially but have decided against it and I would rather provide her with unsolicited advice about how to deal with clients in response to her unsolicited services. I don't want to be giving out my email address either nor real name even if she knows what my company is.

 

[PliSsK]

In a further twist, I was advised by a reputable facebook friend to remove the company name from the logo and do a google image search on the graphic to see if it was stolen from the internet and I found the original image used to create the sample. It is a copyrighted image and a black silhouette and the designer must have spent 5 minutes editing it as the silhouette was nearly identical except for a few minor mods and a border, so if I had used it it would have been copyright infringement. Plus the design according to my friend was poorly integrated with the company name and graphic. So every aspect of this was highly questionable.