Legal Question in Technology Law in Connecticut

Non-payment for website design and hosting

A verbal agreement was made between myself and a tennis club in GA for me to update racquet images on his ecommerce website. Payment was to be based on sale of racquets. When I investigated the existing site, the shoping cart didn't function. I called him and ask if he would move site to my servers with high end ecommerce software. I said I would charge them the same as their existing host did. I knew it would be a total redesign of an ecommerce site but I was trying to establish my company and wanted a client base.

A year and a half went by and we sold only a few racquets. I put up 2001 and 2002 racquet models. I never billed for hosting just because I always put it off. Now the guy I made the agreement with is selling the tennis club. I told him we need to clear up the hosting charges. A measily 500 dollars but he refuses to pay. He said that this was a partnership - I updated the site and hosted it, while he paid for credit card service and filled orders.

Can I now sue for my hours worked, if he wants to treat it as a partnership? Can I also post his invoice on the website for others to see?


Asked on 10/14/02, 2:15 pm

2 Answers from Attorneys
Scott Diamond DIAMONDLAWYER

Re: Non-payment for website design and hosting

your question is complicated by the fact of which jurisdiction you need to be in. Is there a written contract? Does the contract designate the jurisdiction where suit is to be brought. Does it spell out rights and responsibilities. I am sure that you can got o your local small claims court and try. You will likely get a judgment that will need to be registered in Georgia then you willneed to go to Georgia to collect.

Read more
Answered on 10/14/02, 2:22 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Non-payment for website design and hosting

I have to object to the advice on small claims court -- you should verify with CT counsel whether a CT small claims court will assert jurisdiction over a non-resident defendant. Sadly, this could mean that you would have to bring suit in GA.

Before going down that road, however, I would explore whether the new owners want to continue the e-commerce site; if so, you can ask them to pay the arrearage, and they may well be able to recoup the amount from the seller.

Best wishes,

LDWG

Read more
Answered on 10/14/02, 5:23 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in Connecticut