Y’all need some backstory. Bear with me. A; or at bottom. A video is possessed by me marketing company (VM), and we’ve a corporate customer (CC) that we have been steadily working with for over 3 years. My company has produced at least 1k videos, both for internal and promotional uses. To state that the content we make has driven their income in a positive direction is an understatement, but I digress. CC has already established a vast background of not paying us regularly.
VM sends invoices (for production, post-creation, and upload/delivery of defined word), generally in two half payments (creation in the first half, post-creation and upload/delivery in the next). A typical first invoice is delivered before the shoot date, and is paid 15-20 times after the take. In some instances, my company has completed all of our edits already, uploaded them, and have done revisions, all without having to be paid even in the first half.
CC requested that we give them all of the footage we’ve. VM said sure, that is not a service you can expect, but here is an invoice for every one of the footage (5TB worth). The purchase price was seriously discounted, and CC complained. The invoice for the footage was approved, and I dropped from the drive at the CC office individually. As of today, the invoice is 47 days overdue, and the only communication we have received is more information on missing footage that was “supposed” to be on the drive. Moving on to payment. I received a contact from you stating that the quotation for the hard drive was approved.
After such verification my business partner shipped the drive to your workplace. Around this time (May 20, 2019), the invoice is 47 times overdue. Also, a few of the footage that you requested is part of a continuing invoice (see image x) that have yet to be solved. Here’s where it gets complicated.
This accounts was grandfathered to my company via the passage of CC’s previous videographer. We never create the official agreement. However, every invoice I have ever sent them has the clear scope of work and payment listed out – not was previously footage ever offered as something, because as I said, it isn’t a service we offer. I have kept every email, every invoice, every form of communication between VM and CC for the past 3 years.
Legally, what can I do? I am aware that you believe the hard drive is missing certain files. I would like to clarify that when requesting the hard drive of natural footage, it was unclear what you needed the drive to include exactly. We delivered what we’d. It was never our responsibility to backup and store anything we shot, nor should it have been an expectation on your end. Shifting to payment.
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I received an email from you saying that the quotation for the hard drive was approved. After such confirmation my business partner shipped the drive to your office. Around this time (May 20, 2019), the invoice is 47 days overdue. Also, some of the footage that you requested is part of a continuing invoice (see image x) that have yet to be resolved.
The history of late payments. As you know, I own my very own business that has employees and hires contractors for larger projects. I’ve done such hiring. I’ve had to pay out of pocket for a majority of the shoots. This places my business at risk and in some instances has disrupted my cash flow completely.