Complaints

• Initial Complaint

  08/19/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  **ntract incomplete Incomplete items:1. Video session not completed *we do have a small amount of video that KT took upon herself to complete without our items (with the wrong logo attached)2. Photo session not completed 3. Social media not completed (the small amount that was started has now been removed to damage our reputation) 4. Cross promotion work not completed 5. Website revamp not completed (as it wasnt followed through in the first place)6. Branding information (disorganized) Knilans ** was hired to build website and provide photos for website and social media Owner of Knilans ** was unable to fulfill contract because she did not know how to build the website, she then proceeded to charge us for those hours, instead of using those hours for photos and social media marketing without our knowledge.Knilans ** changed dates for photo shoots, then was unprepared when we arrived. She then cancelled the rest of the photo shoots to work on the website and did not allow us to review photos, change colors, brand wording, etc **mmunication was unprofessional and became personal on her end. She removed herself from the project that had been paid in full. Stating multiple times that she was fired or that we terminated the contract. All of which is not true. Indie Mercantiles merchandise was dropped off at our storefront at 5:19 am with an unkind passive aggressive text stating that she was done. She now is using our photos and logos on her own website and directing clients to purchase merchandise we carry to other stores on Etsy.Supporting documents can be provided and details once we speak to the representative.

  Business response

  08/22/2024

  Dear BBB-
  
  This complaint contains false and defamatory statements and I will address the client here- but she has been harassing me and I am prepared to file for defamation charges or a restraining order against her if this is published or if these claims persist. I have documentation that she was happy with everything I produced. My goal has always been to elevate her brand and provide high-quality service, as evidenced by the extensive work and deliverables provided. The client has a live and fully functional website using my created material. As discussed below, contract deliverables were fulfilled except where the clients actions made it impossible. In addition, as this is artistic work, the contract specifies that payment is non-refundable and non-transferable. If the client wishes to discuss this further or resolve any remaining issues, I am open to a constructive dialogue. However, I must insist that any future communication be based on respect and an accurate representation of the facts.
  
  
  
  **Dear *****************************,**
  
  Thank you for bringing your concerns to my attention. I will take this opportunity to clarify the situation and address the inaccuracies in this complaint.
  
  
  A main focus of your claim seems to be that I "couldnt complete the website because she didnt know how" is both false and defamatory. The contract specifies that the Showitplatform would be used for the website.  When the work was well underway on June 10th you insisted that the Elementorplatform be used. From the outset, I was transparent about my experience with the platforms involved and provided you with clear options to proceed. You chose to hire another contractor whom I recommended to finalize the website butundermined the direction I gave him to ensure your success without looping me in. I did my best in good faith to collaborate with the other contractor to accommodate your preferences for a different platform than the contract specified.
  Despite this, the website is now live and fully functional, utilizing the art and written copy that I created. You have been using this website as your online presence and I have documented evidence, including an email, expressing your satisfaction with the final product.
  
  
  Your unwillingness to adhere to the contracts terms creates any perceived deficiency in my capabilities. I have detailed documentation of our interactions discussing options to accommodate your change of platform and am prepared to defend my professional reputation if these misleading statements persist.
  
  
  I have fulfilled the specified contract deliverables except where your decisions and responses made it impossible. The specified deliverables in the contract are as follows:
  
  
  Elite package- $5,000- The work was for a fixed price. I did not charge for hours spent exploring the Elementorplatform and I am not obligated to use the Elementorplatform. The contractor you hired based on my recommendation put my art and copy into the Elementorplatform giving you a live and fully functional website.
  
  
  Social networking with other companies and cross-promotional work-  verve, skin farmacy and the everlasting candle brand all posted the videos and photos I provided.
  
  
  3 stylized shoots + one editorial portrait session- you were present for 2 shoots - one was 5 hours and one was 8 hours. I did 5 more one hour shoots on my own with the products you dropped off. The shoots took an excessive amount of time because your products were not organized in the bags you brought and you did not seem to have a clear idea of what products you wanted together. So you received the equivalent of more than 3 stylized shoots (with substantially more images than required) and you also received the editorial portrait session.
  
  
  1 video session with 10 ten second films- delivered. You claim the video has the wrong logo. I received this logo from you.
  
  
  Website revamp for one month- Since you chose another platform and another contractor to finish the website and removed my access, this is not my responsibility.
  
  
  10 pages of brand information- you received and are using 10 pages containing 4622 words.
  
  
  *********************** for 3 months- you failed to provide the log-in credentials so I could do this and when you finally gave me a password it was incorrect. I have no further obligation.
  
  
  Minimum of 300 digital deliverables- I delivered approximately 1500 items, substantially exceeding the requirement.
  
  
  Other items:
  Scope Creep and Professional Boundaries:
  Throughout the project, you consistently requested work outside the scope of our agreement. For example, you requested unlimited edited portraits and unlimited images/photo shoots. While I accommodated many of these requests in good faith, it became clear that the demands were escalating beyond what was originally agreed upon. The contract clearly outlined the services to be provided. Yet, despite these clearly defined terms, you introduced additional platforms and tasks that were not part of our original agreement. These actions not only violated the contract but also created significant challenges in completing the project. You also repeatedly contacted me via my personal number (texting/calling) well outside of business hours.
  
  
  Use of My Work and Copyright Violations:
  Despite the challenges, I delivered high-quality work, including imagery, graphic designs, videography, and website elements tailored to this brand. I have written statements that you loved everything I produced. It is concerning that you continue to use my work on yourproducts and landing pages while making baseless claims against me. This not only violates the terms of our agreement but also constitutes harassment and bullying. According to our contract, I retain the copyright to all materials produced, and I have the right to dissociate with anyone who compromises the integrity of my work or my professional reputation.  I also have the right to use any of my created work to promote my business.
  
  
  Termination of the Project and Access Restrictions:
  Due to the significant deviation from our original contract and your consistent attempts to circumvent the agreed-upon terms, I was forced to terminate our working relationship. This decision was made after you removed my access to crucial accounts, including Elementor, Canva, and denied me access to social media platforms, which directly impeded my ability to complete the project. This forced my hand to issue a termination notice after ensuring you had all the necessary deliverables to move forward. On July 13th you sent a text resorting to name calling and saying you need nothing more from me.
  
  
  Return of merchandise: ******************* deteriorated, I ensured a prompt return of your items to your business since I was unable to schedule a time for an in-person return. The contract does not assign me responsibility for storing or retaining your products.
  
  
  ************* Everyone on social media likes various items. This is not a recommendation or direction to use or purchase a product or procure it from any particular vendor.
  
  
  
  
  Best, Kt Knilans 
  

  Customer response

  09/04/2024

  TS 9/4/24 called consumer back and she *** she will like to do mediation *** I will have to talk to the business to see if they're open to it and call her back. *** her of her other opts if the business don't want to do mediation. 

  
  

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