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Any advice on unpaid use of a Powerpoint


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#1 RedSeaDiver

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Posted 15 March 2010 - 08:44 AM

I was asked to write the Powerpoint presentations for a training package that a large company required, it was submitted to them on the agreed basis that I would be paid 30 days from the end of the month (fairly standard commercial terms). Unfortunately a further 45 days has passed since I should have been paid and despite several requests and promises of payment on certain days I still haven't received payment. Any advice on where I stand as far as intellectual property rights and how to get payment? Apart from handing it to a debt collector I'm not sure what to do. Certainly they have the money to pay, funds aren't an issue for them.
Red Sea Dreaming....

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#2 JasonDPG

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Posted 15 March 2010 - 08:50 AM

It is not uncommon for big companies to pay very late, particularly in the economy we have been living in for the last year. You'll always have the option of having a collection attorney go after them (usually at 50% of the collected monies), but if you plan on working with them in the future, just be very persistent in following up every week. Ironically it is the bigger companies with a lot of money that sometimes pay the slowest! But often it is worth it. Also, for future reference you can also provide discounts for on-time or early payments, which means jack up the price a bit to compensate for it.
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#3 decosnapper

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Posted 15 March 2010 - 09:15 AM

Did you issue any Terms and Conditions with the material and invoice?

Wording something like this perhaps:-

"The Client's right to reproduce a picture arises only when the invoice relating to the grant of such right is fully paid (including interest charges levied
on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement
entitling the Creator to rescind the Agreement and rendering the Client liable for the payment of damages"


It can help to have a paper trail to fall back on if the client turns into a non-payer.
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#4 Balrog

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Posted 16 March 2010 - 12:33 AM

Do you have a small claims court type procedure in Aus.

For slow payers, we often just fill in the standard forms and fax them to the client, stating that unless payment is forthcoming they will be filed with the court in 5 days. No cost to us other than the admin.
Noone wants the fuss of a court action and invariably they just pay, its far easier.

#5 MikeVeitch

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Posted 16 March 2010 - 01:19 AM

Add a late fee to the original invoice and send it again. Make sure that you tell them you have added a late fee and that you will add another late fee in another 30 days time. Hopefully that will force them to pay you sooner rather than later...

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#6 RedSeaDiver

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Posted 16 March 2010 - 01:40 AM

Cheers guys,

Some good ideas there - I will put them to good use and try to get them moving.

Many thanks.
Red Sea Dreaming....

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#7 james

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Posted 16 March 2010 - 07:38 AM

Damn Simon - that is an excellent T&C clause! There's no getting out of that one3!

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#8 decosnapper

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Posted 16 March 2010 - 08:12 AM

Damn Simon - that is an excellent T&C clause! There's no getting out of that one3!


Thanks James. Been standard T+Cs on my image delivery notes issued by me for years. Never had reason to test it.......yet. One particular magazine is testing my patience and I am wondering what the practical implications of chasing them through the courts.

I don't want to resort to legal recovery of debt - until recently they paid on time and were a pleasure to deal with. They are still a pleasure to deal with, but their account is well overdue and I need the money. The bank does not understand concepts of "nice" or "like". For them, its a very binary issue. You either have money, or you don't.
Simon Brown

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#9 ce4jesus

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Posted 16 March 2010 - 08:36 AM

Most large companies have net-60 days on accounts payable. Mine even has Net-90. When dealing wtih large companies you probably should factor that into your initial bid.
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