Is this bad business on my part?

OK... I design websites. I do not sell templates. As a matter of fact it is all over my website that I do not do templates, ever. But a little over a year ago a new client came along and said he was looking for a template. He said he wanted a website built that looked cool and that he would update it. I never told him I would give him a template, as a matter of fact I told him that he seemed like a busy guy and that I would be there to do the updating of his site for him. So what I offered him (verbatim) is: ********* $365 Includes: 5-7 page site designed and implemented Hosting if needed Up to 100 Email Addresses (if hosting with me) Flash Design (2 max) Logo Design and / or Manipulation Contact form on site (PHP) Free Updates for the existing content of the site (once site is designed and implemented) 1 Year - 24/7 Support (just email or call me anytime for any reason) Submission of your URL to over 200 Search Engines quarterly After one year, if you like to continue my services I just invoice you an additional $365 on the 1 year anniversary date. ********** Now... The anniversary date has passed. I sent 3 invoices to the email address of the guy that started this agreement. I sent a 30 day notice, a 7 day notice and a 1 day notice. There was no reply to any of them. I waited 10 days after the account was due to be renewed because that is what I say I will do in my Terms Of Service. And on this 10th day I filed a DMCA (copyright infringement) with the company that is hosting his site. I did this because, again, I do not do templates. And in my TOS it says: ********** All web site designs developed by and implemented by <my real name here> will remain the Intellectual Property of <my real name here> and domain names purchased by <my real name here> will not be transferred to the Customer if at any time either <my real name here> or the Customer cancel the Customers account, or the Customer violates any credit terms or other terms associated with this agreement and or their account. ********** and ********** Any artwork, images, or text supplied by and / or designed by <my real name here> on behalf of the customer and / or for use on the clients website, will remain the property of <my real name here>. ********** Among other things. I do not sell templates, I sell a service. If someone thinks they bought my designs, I'm sorry, but they didn't, and I have gone out of my way to make this clear. Anyway, today I get a call from someone else that works at the place I did the site for, actually the owner. He tells me that the person I was working with is no longer with his company, and the whole time he thought what they purchased was a template. I explained to him what I just explained here and I told him that I would sell him the design outright and royalty free for $99. He talked me down to $75. Which is cool. I just don't like my work out there, and people hacking it up and making it look bad which makes me look bad, which is one reason why I hold the rights to my work. The other reason is, since I don't do templates and every site is designed from scratch there is much more work involved, and if someone is done with their site, moves on to another company or whatever, then I am free to take that design with me and sell it to someone else who may have similar needs. I have been doing webs now for over 10 years, and this is honestly the very first time I have been in this situation. I kinda feel like a jerk, and although I had no intention of misleading anyone it appears that there was some confusion. But all in all I think the offer of buying my design for only $75 is a sweet offer to resolve the situation. Am I being a jerk? And if I am, do you think it's justified? Let me know, I really want as many opinions as possible. Thanks

7 months ago - 3 answers