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AIBU?

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Original poster

Eek - invoiced client for second month, she thought first month was full payment

63 replies

Clientpayments · 25/10/2023 18:17

So I work in marketing and signed a client in September. All payments are taken in advance with a contract written by a lawyer.

In the portfolio we first send out it clearly says we have a minimum three month retainer and the payments are monthly.

In the contract it states that the payments are monthly, the amount and our payment terms. It’s clear with ‘per month’ over three months.

I also made sure in my email to let her know that the prices were per month.

She signed the contract and made the first payment so I thought all was clear.

I have sent the second invoice and I have had an email asking what it’s for because she’s already paid. I explained that as per our previous conversations and contract, we work on a monthly retainer.

She is now confused and doesn’t want to pay as she assumed it covered three months (which would make the fee ridiculously low for the amount of work involved).

What do I do here?

OP posts:
Tinkerbyebye · 25/10/2023 18:19

You refer her to the contract she signed and ask for payment

Somewhatchallenging · 25/10/2023 18:19

You point out exactly what you’ve said here. She needs to pay up. I assume she’s happy with the work you’ve done for her.

Janieforever · 25/10/2023 18:21

If it was sept you have prob only done one moths work, if so unless you wish to go to court for breach stop work.and don’t invoice further.

OnlyFannys · 25/10/2023 18:21

Sorry if I missed it but are you freelance or part of a larger organisation? If you have a legal dept maybe you want to check in with them?

RigorMortisRadio · 25/10/2023 18:22

I'm amazed you haven't come across this before, I have loads of clients that would do similar! Just refer her back to the contract, you could even re send your email where you said per month.

LightDrizzle · 25/10/2023 18:23

You point out the clarity of the of the portfolio and of the accompanying email.

Is there a field for her to sign that she has read and understood the fee structure and terms and conditions?

I’d say you are sorry she is surprised but the terms are as stated and as agreed and a third of the total amount would not be the market value of the service she is getting. Reassure her that time will prove it has been a good investment.

I assume in the event she doesn’t pay, using any of your work would be breach of copyright as she is in breach of contract but I’m not a solicitor.

SisterMichaelsHabit · 25/10/2023 18:24

If you definitely went over it with her in lots of different places one of three things has happened here. Either she is a CF trying it on with you or she was overwhelmed with too much information being in too many different places and didn't read all of it or she's just a total idiot.

If she's a CF then brazen it out until she backs down because she will probably brush it off as a misunderstanding but really she is hoping for discounted rates.

If she's an idiot then she may try and leave the contract early, in that case it's up to you whether you let her out or try and enforce a contract with a client who no longer wants to work with you.

If she was overwhelmed with information you may need to review your on boarding processes to avoid it happening again.

If you wait long enough and stand firm about your prices it should be obvious pretty quickly which of the three she is.

AnaisMae · 25/10/2023 18:27

Refer her to what she's signed, and your email. And do no further work for her.

CavalierApproach · 25/10/2023 18:27

Awkward! As pps have said though, you are in the right and it’s her misunderstanding. You just need to remain politely and sympathetically* consistent about it all.

*Sympathy conditional on her not being an arse about it

Justbefore · 25/10/2023 18:27

Legally she owes you the money but what you actually do depends entirely on the balance of power between you and how much the contract was for.

Is your business thriving and the client unimportant, and she owes you millions? Then politely refer her to the contract and ask the invoice be paid asap. If she doesn’t, pursue in court.

Is the amount due small, your business new, and vulnerable to the client badmouthing you around town? Then politely explain that she signed up to a monthly payment as per contract paragraph xyz, but if she no longer wants to go ahead you are willing to cancel the contract with no further payments and no further work done.

Contracts can be confusing and some idiots don’t even read them. With your future clients make sure you send a short cover letter/email that is really really clear what the total payment amount is.

Puzzledandpissedoff · 25/10/2023 18:34

In the portfolio we first send out it clearly says we have a minimum three month retainer and the payments are monthly.

In the contract it states that the payments are monthly, the amount and our payment terms. It’s clear with ‘per month’ over three months

I also made sure in my email to let her know that the prices were per month

So she's been told THREE times ... did she expect a marching band to arrive up her front path to hand deliver a message too? Hmm

People like thid make me irritable, but as for what to do, send a calm and polite email laying out the several occasions when she was told and that you expect the money

Original poster
Clientpayments · 25/10/2023 18:37

Our business is nearly 3 years old and she selected our highest package so it is a substantial amount.

We are on month two (invoiced the same day as in September) and have completed the full month’s work.

We have had great results which she has been very happy with, telling me how excited she is to see so much traction.

Our onboarding we have made incredibly smooth and clear and there were no problems with this. We’ve never had any complaints regarding our onboarding - I have been working in the industry for 10 years but only incorporated in 2021.

There were no signs that she had misunderstood. We have had this situation before once, but it was a small amount and after a lot of back and forth I gave up as, at the time, we did rely on word of mouth and I decided it wasn’t worth it.

However this financially is big for us. It wouldn’t ruin our business but at the same time we have put a lot of effort in and I was extremely clear!

OP posts:
FloofCloud · 25/10/2023 18:40

You have a signed Contract - tough if she didn't 'realise!' ... I suspect that she's trying it on - no one is that stupid

Schoolchoicesucks · 25/10/2023 18:43

The contract sounds clear. The one thing I did wonder about is where you mentioned "payments in advance" - do you mean you expect payment in advance each month? So the service you have just invoiced for and she has queried is for work you haven't yet done? If so, I would probably be looking to cut my losses and stop working for her.
Do you think that may be where she has become confused - if she thinks she has paid in full for the 3 months rather than paying for just one?

Rogue1001MNer · 25/10/2023 18:43

<claxon> CF alert!!!!

nibblessquibbles · 25/10/2023 18:44

So tell her what you said on your second post

  • you are sorry she's misunderstood but you had made it clear both in contract and covering emails
  • that the work is involved and substantial and that it is delivering results and that your pricing represents a fair amount for the work/results
-[optional] that month 2 work has been completed but if she would prefer to not continue for month 3 you would be prepared to release her from the contract early or to step down to a lower band service if she would prefer

Just stay polite and business like. She may be embarrassed for not having read it properly in the first place and so may have not got appropriate approvals etc. But you need to remain firm especially if you've already done 2 months of work

VisionsOfSplendour · 25/10/2023 18:44

It sounds like you haven't gone back to her to remind her of the contract terms, that would be my first step and if feasible don't do any more work to minmise any potential losses

stripytees · 25/10/2023 18:45

This reminds me of back in the day working for a subscription based business and the surprising number of customers who assumed they'd get a whole year of product delivered for the price of their first month's subscription (which was around £35 so no way would have even covered the delivery cost of 12 parcels across the year!). I think sometimes people genuinely assume and then read everything through that lense, convinced what they think is right.

I would insist on payment for the work done this month and say you'd be sad to lose her as a client after the good work you've done together for her business but you are of course willing to terminate the contract going forward if they no longer want to continue.

Sundaefraise · 25/10/2023 18:45

I agree with the poster above, you could agree to release her from month 3, but given that you have done the work and it was substantial you need to refer her to the contract and insist on payment for month 2.

Heyhoherewegoagain · 25/10/2023 18:45

FloofCloud · 25/10/2023 18:40

You have a signed Contract - tough if she didn't 'realise!' ... I suspect that she's trying it on - no one is that stupid

That’s my first thought too

Couldyounot · 25/10/2023 18:46

Someone's trying their luck

EvilElsa · 25/10/2023 18:46

Are you sure she is "confused"? I have my doubts.

Raincloudsonasunnyday · 25/10/2023 18:47

She's trying it on.

Refer her to the contract. If she still doesn't pay up, tell her you will cease providing services and follow legal channels to secure payment.

RudsyFarmer · 25/10/2023 18:47

Can she cancel the contract after the three months is paid?

ReadingSoManyThreads · 25/10/2023 18:50

She's either a Cheeky Fucker, or one of these idiots who signs contracts without bothering to read what they're signing.

@nibblessquibbles reply is perfect.

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