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Advice needed
I don't need shooting down or 'trust you Charlie' but I have a dilemma.
Echosign is great but my terms and conditions haven't been showing or going through to the clients, instead they see a black screen - nobody has mentioned it until now!
I've just gone through my contracts and it's happened to all of them, meaning I have 40+ jobs where they have signed the contract & agreed the fee part but not the T&C's!
How do I approach this?
This is what I'm thinking of doing, let me know if it's the wrong way to go:
Email all 40, explain what's happened and resend them the T&C's to sign. Give them fourteen days to do it before chasing.
If for whatever reason client's don't agree with the T&C's, the booking will be terminated and all fee's they've paid refunded immediately.
I can't even believed it's happened and I've only realised. Really poor on my behalf, so I don't need telling.
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40 People signed without knowing what they signed? Are you 100% It happened to all 40 and not jut a one off?
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Originally Posted by
Charlie Brown
100% sure, I've gone through everyone. I bet everyone presumed I don't bother with them! It was only today when a client said 'what happens if you're ill, are we covered?'
I said, 'yes of course, it's all in the T&C's'
'What T&C's Charlie?'
I think your plan seems like a good one. I cant see people having an issue with taking a few minutes to read and sign again.
Will you be continuing to use echosign in the future? Or go back to the old fashioned way?
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Ezekiel 25:17
I'd send them the T&C's with a brief explanation that they possibly didn't appear with their contract due to a computer error and could they sign and send them back to you as soon as possible.
I wouldn't mention anything about cancellations, refunds etc unless the situation actually arises, which I doubt it will.
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Originally Posted by
funkymook
I'd send them the T&C's with a brief explanation that they possibly didn't appear with their contract due to a computer error and could they sign and send them back to you as soon as possible.
I wouldn't mention anything about cancellations, refunds etc unless the situation actually arises, which I doubt it will.
I agree with Martin.
I'd send a quick email stating that you've become aware of a computer error and the T&C's may may not have appeared within their booking form. Apologise for the oversight and let them know that you'll forward them a fresh copy of the form for them to sign.
I definitely would not mention anything about cancellations/refunds etc at this point. No point in panicking the client. Just a friendly email letting them know that you are aware of an error, and the steps you'll be taking to rectify the error for them.
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I'll still use echo sign. The file on my computer is corrupt, hence the black screen with no text.
It's not the reading and signing that's the issue, some people might not agree/like a few of the clauses - such as, additional playing time costs etc.
Yeah, I'm inclined to agree.
Legally (not morally), am I obliged to refund any money(s) they've paid me?
Whatever happens, I'm likely to go down the moral route but it would be interesting to know.
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Quick couple of questions:
1. Doesn't the main body of the contract state that they agree to be bound by your T&Cs, and, if not, how are they agreeing to them even when they are showing clearly?
2. Do your T&Cs appear on your website?
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Nope & nope.
I've attached what they've been getting:
I used to have them on my website but since I moved hosts etc, they haven't been put on. Something I'll look into tomorrow morning.
Attachment removed due to Data Protection issues
Last edited by Corabar Entertainment; 26-07-2012 at 01:37 PM.
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If they ask for a cancellation and refund after reading them, then I think you are obliged to cancel, and give it to them. If I was you I'd notify them and forward a copy your T&Cs for signing, but without the 'cancel' bit, and see what happens, if anyone has a problem signing after reading them, try to renegotiate their individual contract with them on a one off basis. Why lose, or risk loosing a perfectly good job over what is esentially a technicality? Although it's not an ideal situation, thousands of DJs pull off thousands of sucessful gigs every week without a contract in sight. Keep things in perpective, the worst that is likley to happen, is a late cancellation where you can't enforce a cancellation fee, but ask yourself how many times has this arisen over the last 12 months. Others views may differ.
Inside every old person, is a young person wondering 'What The Hell Happened'. Tempus Fugit
Disco 4 Hire
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