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Arrogance, Sloth and Apathy: Time to Grow Up

I am Angry! I am Upset! I am Tired of all this Misbehavior!

The Queen Is Not Amused -

The Queen Is Not Amused – Photo Credit: Disney

In recent months it has come to my attention the sense of arrogance, sloth and apathy that has been seeping to the surface in our small world by certain service providers and individuals. Examples range from those running charity and business investment scams, lack of licensing by financial bodies, failure to provide website development services to a verbal delivery of smugness from an owner of a service company when asked what his company does….

And it is entirely our fault. Why? Because NO ONE, including myself, has ever called them onto the carpet and made them accountable for their actions. Our industry is unique in the aspect as  it still has a sense of the Wild West. No Rules, No Governance, No Regulation. The general result of something untoward happening to one of our peers is to sweep it under the carpet and to never speak openly about the service provider’s failure.  We have the capability and the intestinal fortitude to change this and still maintain our sense of the Wild Wild West in our industry…  We have to become our own Andy Taylor’s, Jack Carter’s and Joe Arpaio’s.  Let’s stop surrounding ourselves with the Boss Hogg’s in this industry.

In any other business market, these individuals and their service providing miscarriages would have their failures blasted across social media (see the Comcast article about their Customer Service failures), sued in civil and possibly criminal court, as well as broadcasted on a news station in a local and possibly national television broadcast by their customers and rightfully so.

As  a website developer I have had my share of service providing issues.  Life Happens.  Troubles Occur. As a responsible business owner I must take FULL control and responsibility of my work environment.  Example: When  I was struck with a serious illness in late 2013, I was hospitalized for 9 days but my recovery has taken much longer. At no point in time did I ever let my clients just fall by the wayside and cast their trust to the wind.  I owned up to what happened and this included phone calls and apology emails. I value my clients as I would hope they value me as a trusted provider of services.

I interviewed Zak Muscovitch, the principal of The Muscovitch Law Firm and DNAttorney.com to find out what our legal options are for those that misrepresent, fail to provide a service or those who are participating in potential fraud.  This is what Zak had to say:

(Begin Interview)

Anyone who purchases “soft” goods (website development, SEO services, online marketing), are they protected under the Supply of Goods and Services Act 1982?

Most states, provinces, and countries in the developed world at least, have legislation that regulates the sale of goods and services. The one that you mention appears to be from the United Kingdom. Most of these various laws vary from one another, but most generally try to set out some basic principles of ensuring that people get what they pay for. Aside from actual legislation, many countries have law based upon what happened in previous cases, often referred to as “case law”. Accordingly, generally speaking, consumers and businesses that do not get what they pay for would have a cause of action for breach of contract and/or misrepresentations. The difficulty often lies however, with a disagreement between the web developer or other online service provider, and the person to ordered the services. The service provider may claim that the customer got what they paid for, and the customer may claim that they didn’t. That is why precise contracts that include a good description of the services that are to be delivered, can go a long way in avoiding disputes. Good service agreements contain features such as a “Scope of Services”, “Milestones”, “Approval of Delivered Goods or Services”, rectification of errors, etc

Is there a legal recourse for a purchaser of online services, even if there is not a signed contract?

Generally, yes. A binding contract can be achieved without a formal signed document, such via email communications or even orally. But a clear and formal document is often the best way of proving that an agreement, otherwise known as a contract, was in fact reached.

If the work wasn’t carried out with reasonable care or skill and the trader is refusing to put things right, can you claim compensation ?

Generally, yes. But we would want to ideally be able to look to the formal agreement between the parties that sets out their promises as to what exactly is to be done. Even in the absence of a formal agreement, or even one that is silent on the degree of care and skill required, can often be subject to an “implied term” of good workmanship and the good or service ‘being fit for the purpose for which it was intended’ .

Do you feel a regulatory commission should be established and why or why not?

I think that most jurisdictions have sufficient laws to cover these kind of issues, but it is often difficult and expensive to access these laws through lawyers and the courts, particularly where the parties are in different jurisdictions, or where the value of the contract doesn’t justify the expense of going to court.

We have many fantastic service providers in this industry and they need to be brought to light.  Please, let me know who they are so we can build a growing list of those who need to be recognized for their exceptional work, ethics and gumption!

Things are going to change.  We have to change them.  If we do not have a serious discussion amongst ourselves, and make these matters known, many more people will lose money and faith in what we provide and will cast an even poorer  light  about domaining in the public’s eye.  If you have a story about a situation regarding a service that you purchased and would like published,  let me know, I will make sure your story is heard in a professional, confidential yet assertive manner. I will also be happy to refer you to a few good lawyers.

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Comments

  1. Donna Mahony says

    At the very least, I hope this becomes a call to action to those who get ripped off, lied too, delayed etc .Even just a public calling out, done often enough, will help curb this behavior if enough do it.

Trackbacks

  1. […] Charlie Gilbert wrote a thoughtful article last week. When you are thinking about doing business with a company or person in the domain investment space, it’s a good idea to ask for references and check with those references. You should also do your due diligence about the person or company. Don’t blindly trust what you’ve read. Ask questions. See samples. Use your noggin’! […]

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