Jodi Nizin Logan DBA http://natureontherocks.com/jodilogan/ DBA www.jodilogan.com of 15603 Cassandra Place, Tampa, FL 33624 stated in her email “I am a skilled Graphic Artist/ Web Developer with over 10 years of experience to offer you.”
On the 5th of November Ms. Logan answered a post I had on Craig’s list seeking a webmaster. She emailed me her agreement and the next day I sent her two signed agreements, the $150 requested deposit and a CD containing four MPEG clips for her to put on the website.
In her agreement paragraph 4 part (I) (see below) she states that she will complete the changes to the website within 14 days after receiving the clients materials --- on November 7th she sent me the following email that she had received my package -- “Absolutely no problem! And I got the package...will get working on this later today!”
4. Obligations of the Company.
(i) The Company will use its best endeavors to complete the initial changes of the website within 14 days of the date of the agreement, providing The Client provides all materials needed.
(ii) The Company will use its best endeavors to complete the Final Revision of the Website within twenty-one (21) business days of receipt of The Client's approval of the initial design and relevant amendments.
14 days later nothing was done and after sending her an email she wrote back that she could not get the MPEG files small enough to put on the site that they had to be FLASH files not MPEG. One week later I downloaded a free program that converts MPEG video files to FLASH then sent her the files. If she was an experienced webmaster she would of known from the beginning that she could not use the MPEG files – that they needed to be in FLASH format.
She wrote back a couple of days later that those would work. I then emailed her telling her that I had 3 new clients that I needed to show the website and video clips to and asked her when she would go live with the changes and the new clips. She emailed back that she had to have final payment before she could go live.
This was in violation of our agreement if you see paragraph 5 sections (I) it states that the client has until on or before the 15th of December to make the final payment (see below) It also states in her agreement that the client shall approve all changes and be satisfied before making payment. How can you be satisfied that you are not getting ripped off if the corrections are not live so you can see them? There was nowhere in the agreement that stated she was to be paid in full before she would go live. I sent her back an email pointing this out and she totally ignored this part and emailed back that I violated the agreement since I did not get her the video files until after the 14 days. That was an outright lie. Then she demanded final payment again.
5. Obligations of the Client.
(i) The Client undertakes and agrees to make the deposit $150 and pay the balance of $150 on or before December 15, 2008.
(ii) The Client warrants that he is the sole owner of the intellectual property rights in the Pictures, Videos and Content in general or is otherwise authorized to grant and hereby grants any necessary rights to The Company.
After speaking with my attorney he advised me to terminate the agreement because Jodi Nizin Logan had breached the agreement, had misrepresented herself, and made malicious accusations that were not true.
Now anyone can contact me and I will make a copy of the agreement that we both signed plus give you copies of all of the email correspondence between Jodi Nizin Logan and myself so you can see and attest to the validity of my claims.
After over 30 days of waiting I do not have anything to show for my good faith deposit of $150 to Jodi Nizin Logan. In fact, I was ripped off by her.
I have sent Ms. Nizin a demand letter for her to return the deposit of $150.00.
She states on her website that she is a good standing member of Tampa Web Design. This person is a crook and a rip-off artist and her listing and good standing should be removed.
JC Towers
Tower Video Services