That is a good point. The problem wasn't just in the design, it was in the functionality too and they were pushing for me to sign off before any of it had been explained properly. All I had was a jpeg file but I couldn't see the homepage in action.
If they are custom designing a layout, you can only expect a jpeg before they start to code, so it would be unreasonable to expect to see working functionality at a design stage. You mentioned a it is a simple brochure site, so the only functionality I would expect is a contact form, which shouldn't take much explanation.
If I were an expert witness in your court case, expecting to see the homepage in action in the design stage would be 'unreasonable' and 'not a normal process'. So I don't think that point holds much water.
It was an 8-page brochure website, £1000 and no mention of VAT in our face-to-face meeting or in the quote. VAT was then added when I received the invoice.
(as far as I understand) It is only a requirement to identify VAT on retail transactions, whilst if there were T&C's VAT would have been mentioned deep in the contract in term like 'the customer will pay all applicable sales taxes', as a business to business transaction VAT is never mentioned in high level pricing. (personally we do try and make this clear to our clients and produce a quote that has a VAT column just like an invoice).
However, I think as this is a B2B transactions, you would be on shaky ground claiming you didn't realise that this is the way business operates in the UK because you are only just starting up. I think you need to park this in lessons learned.
The changes have mainly been visual changes - colours, fonts, layout.
Hmmm? Isn't that what you are paying them to do, this is part of the design. If the client starts to get involved in design issues then the site always becomes a mess and isn't a great way to work. You should provide your 'branding' style (colours / logos / fonts - for your budget I wouldn't expect the design to include a branding package ) to the web designer and let them produce the best website they can. If you know better, then you don't need a web designer, you need to do the design and hire a developer.
Since, I've found out that some designers won't even start the design before they've received all the content!
With a budget WordPress website such as yours, with no functionality apart from a contact form, it is perfectly feasible to design and build without content. The only variables would be the home page layout, inner page layout, navigation style and headers & footers. For that budget, you could only expect a home page mockup which covers headers, footers, navigation and the inner pages / contact pages would just be a simplified version.
Although no content would be required at that stage, the key sales message (i.e. what is to be promoted on the homepage) would have to have been composed to ensure the home page design meets the sales / conversion objectives.
With WordPress adding pages / changing navigation menus items within the existing design, when you have the content is simple enough and can be an 'end user' task if required.
So the question now is - what do I do? They will argue that they've spent time on the website and that they are in the right to charge me for that time. I'm not arguing that they've not spent time on the project, but I have also spent time on it and it's delayed my business!
They have spent time on your website, and if you are cancelling without cause, then morally you owe them the money.
The question is are you cancelling without cause?
- home page mock-up issue - I believe that they are acting in a standard way so to say you are cancelling as you haven't seen a working home page would be without cause
- VAT issue. Well thats standard B2B, so thats not a reason to cancel
- You tweaking their colours and design, and them not responding. To me cancelling because you have to tweak their design is not valid (unless they are just 2,000% off target, like your corporate colours are blue and they used orange )
So that leaves
- poor communication by them, communication is a two way street and can be argued in many ways
- project delivery timing 4-3 weeks they said , 7 weeks and you have only got to mid way point - now this ,is in my opinion, your only valid cause to cancel. If you are 100% certain that you were not part of this delay, did you respond to every question in a timely manner?
From what little I have gleaned is that they haven't managed you well as a client and due to your lack of experience you haven't managed them well as a vendor.
So they have now invoiced you for £300+VAT. In terms of 'effort' that is very small amount for producing a custom home page design. You could make them a counter offer in 'good faith', or just hang out and say sorry you failed to deliver in a timely manner, see you in court (but I do think time is the only valid grievance you have as it seems they are operating with industry standard practices, so reasonable care and skill doesn't really come in to play ).
My ... I'll have to stop typing and do some real work, or my projects might get delayed
