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| Website Designz Stephen Fitzsimmons Scam artist rips off contractors with bogus employment promises New Orleans, Louisiana Internet |
| 30th of Aug, 2011 by User733697 |
This is an ultimate scam company that works on a fine line of legality they have very carefully orchestrated in order to take advantage of contractors and keep resulting profits for themselves. They lure individuals from other countries and sites like Elance and promise big money for little work. The contract, however, is vague, with PO Box addresses, and of course what appears to be a very lucrative salary and/or bonus structure. However, after a day or two (or perhaps less) expect to begin to be berated, yelled at and sworn at regularly. If you are working with this client through Elance, expect not to get paid, with various excuses as to how Elance works, and why they don't "typically pay their people" that way. Every month or so the Director fires programmers and graphic designers, many of which have weeks of pay they have yet to receive. He always finds some lame excuse about the employee not taking care of customers or doing some other terrible thing (like being sick and unable to work) then fires them and tells them he doesn't have to pay them because they haven't done the work "as expected" in the contract. For most people, attempting to sue or follow up to get money deserved is too costly, so the company pockets the profit. For clients, this high turnover rate results in constantly late milestones and deadlines. Stephen always has a good excuse for this of course (he is a great salesman even by his standards after all!) and the client, after investing in thousands of dollars with the company, has no choice but to put up with it. Stephen always has a reason for why everyone seems to never do their job, or why his people are constantly quitting or being "fired", but in the end the truth speaks for itself. If you search for their profile on Elance you'll soon see that many others have provided similar feedback. This is only one of the several sites online that this company likely works, so doing research before spending money, or deciding to waste your time busting your hump for this company is a definite must! Additional advice: If you are thinking of working for WebsiteDesignz: Make sure you are working through a 3rd party with escrow.
GET ESCROW FUNDING for everything! No exceptions, you'll thank me later.
Ask the 3rd party escrow organization if they'll support your contract if WebsiteDesignz decides not to pay you for any part of it (including promised commissions or bonuses). Stephen and RC have spent many months perfecting their contracts so they can get away with screwing contractors out of money, so make sure you know what is enforceable in the contract and what isn't.
Don't let them get behind in weekly payments. After all, if they can't even pay a few hundred dollars in weekly base salary, how in the world will they pay you the thousands they've promised you in bonuses or commissions later on?
Don't even consider working for them if you don't appreciate someone swearing and screaming at you every day. I understand how stressful work can be just like the next person, but being sworn at and screamed at over computer speakers is not my idea of an enjoyable workplace.
Ask to speak to employees who have recently left the company. My guess is they won't let you, because no one leaves WebsiteDesignz happy.
Ask for a PHYSICAL address for the company, not a PO Box. If you deside to take legal action down the road this information will be important. Also check the city and state information on all documents (some say Kansas City, MO, others reference Deleware, and even others indicate a New Orleans location).
Be certain that there is a clause for arbitration as an only resolution option. It will cost you nearly $1,000 to file, but it is a lot cheaper and easier to do online than trying to deal with multi-state lawyer issues. If you are considering hiring WebsiteDesignz: Ask to talk to current graphic designers and programmers and ask them how long they have worked there. If you talk to more than 2, there is a good chance it'll be less than 3 months. Stephen will likely give you some story about why that is "not possible" but then if he's not willing, keep that in mind before you make a decision to work with them
Be sure you get solid deadlines and make sure they keep them. Their staff turnover is so rapid that deadlines are always an issue.
When a staff member is no longer working on your project ask to speak to them and find out why. You may decide not to do business with them again.
Ask to speak to the elusive Martin about doing business with Website Designz.
Keep in mind that Stephen will try to tell you that the person that made this report, or anyone else that has anything negative to say about Website Designz, is a "crazy person" and should be ignored. You have to decide for yourself, but don't just take the word of this site, do your own research and ask questions. You'll soon begin to see the holes in his stories. I am quite sure this company has "happy customers". Just be informed before you do business with them. After all, you're the one spending thousands of dollars in programming and development fees! YOU should be asking the questions, not being told what to think.
Best of luck!
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As a member of management at WebsiteDesignz, I would like to take a moment to set the record straight. All sub contractors sign the same basic contract BEFORE they ever start work. Below is a copy of the standard contract. If you take a moment to read, you'll see that compensation is clearly outlined as well as the fact that ALL sub contractors are bound by a non disclosure clause and as per section 9 of the contract, if they are found in violation of their contract they are subject to termination without notice and forfeiture of any right to compensation. This also includes if they leave without notice. If contractors have issue with the terms of the contract, they shouldn't sign the contract or ever start work. Also, please notice that there is a timeline for completion of a specific project; it is the contractor who provides us with the estimate of time for completion. This is after the contractor has reviewed the project contract and, again, has told us how long they believe it will take them to complete the project. But as is becoming so common with people in this workforce, everyone wants to get paid, but no one wants to actually do quality work. I leave you with the copy of the standard contract we use. You decide for yourself... Thanks, RC
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is entered into as of the ( th) day of¬, 2013, between WebsiteDesignz ("the Company") and ("the Contractor").
1. Independent Contractor. Subject to the terms and conditions of this Agreement, the Company hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement.
2. Duties, Term, and Compensation. The Contractor’s duties, term of engagement, compensation and provisions for payment thereof shall be as attached as Exhibit A, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by the Contractor and agreed to by the Company, and which collectively are hereby incorporated by reference.
3. Exclusive Services. During the term of engagement, the Contractor shall at all times devote his/her
entire working time, attention, energies, efforts and skills to the business of the Company, and shall not, directly or indirectly, engage in any other business activity, whether or not for profit, gain or other pecuniary advantages, without the express written permission of the Company. The Contractor shall not, without prior written permission of the Company, directly or indirectly, either as an officer, director, contractor, employee, agent, adviser, consultant, principal, stockholder, partner, owner or in any other capacity, on his own behalf or otherwise, in any way engage in, represent, be connected with or have a financial interest in, any business which is, or to the best of his knowledge, is about to become, engaged in the same or substantially similar business lines as the Company or any of its affiliates or which otherwise competes with or is about to compete with the Company or any of its
affiliates. Furthermore, Contractor shall list himself/herself as “unavailable” on any jobs board(s) where they are currently listed. These jobs board(s) will include Elance, Odesk, Guru and Freelancer.
4. Inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the Company; and the Contractor hereby assigns all right, title, and interest in the same to the Company. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by [him or her] in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration. This license is non-exclusive, and may be assigned without the Contractor’s prior written approval by the Company to a wholly-owned subsidiary of the Company.
5. Confidentiality. The Contractor acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s business and product processes, methods, customer lists, accounts and procedures. The Contractor agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into [his or her] possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Contractor further agrees that [he or she] will not disclose [his or her] retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Company and shall at all times preserve the confidential nature of [his or her] relationship to the Company and of the services hereunder.
6. Conflicts of Interest; Non-hire Provision. The Contractor represents that [he or she] is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering [his or her] duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which [he or she] does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of [his or her] productive time, energy and abilities to the performance of [his or her] duties hereunder as is necessary to perform the required duties in a timely and productive manner. For a period of six months following any termination, the Contractor shall not, directly or indirectly hire, solicit, or encourage to leave the Company’s employment, any employee, consultant, or contractor of the Company or hire any such employee, consultant, or contractor who has left the Company’s employment or contractual engagement within one year of such employment or engagement.
7. Right to Injunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Contractor of any of the provisions of this Agreement will cause the Company irreparable injury and damage. The Contractor expressly agrees that the Company shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Company may have for damages or otherwise. The various rights and remedies of the Company under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
8. Merger. This Agreement shall not be terminated by the merger or consolidation of the Company into or with any other entity.
9. Termination. The Company may terminate this Agreement at any time by 1 working days’ written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Company, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. Should Contractor fail to perform all duties outlined herein, Contractor forfeits all rights to compensation as outlined in Schedule A.
10. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in [his or her] relationship to the Company. The Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation hereunder. The Contractor shall have no claim against the Company hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
11. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
12. Choice of Law. The laws of the state of Delaware shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
13. Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in Delaware in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
14. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
15. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
16. Assignment. The Contractor shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of the Company.
17. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:
If to the Contractor:
Name:
Address:
City, State/Province:
Country:
Postal Code:
Phone:
Email:
If to the Company:
WebsiteDesignz
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
18. Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
19. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
20. Unenforceability of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
WebsiteDesignz
By:
Its: Operations Director
Name:
Contractor
By:
Date:
________________________________________
SCHEDULE A
DUTIES, TERM, AND COMPENSATION
DUTIES: The Contractor will be responsible to create code (i.e. LIST SKILLS HERE). [He or she] will report directly to Stephen Fitzsimmons and to any other party designated by Stephen Fitzsimmons in connection with the performance of the duties under this Agreement and shall fulfill any other duties reasonably requested by the Company and agreed to by the Contractor.
TERM: This engagement shall commence upon execution of this Agreement and shall continue in full force and effect through one year from the date of signature. The Agreement may then be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement.
COMPENSATION: As full compensation for the services rendered pursuant to this Agreement, the Company shall pay the Contractor the sum of dollars ($____US) for project as defined in HyperPMA.com at this URL (requires login to Hyperpma.com/index.php) http://hyperpma.com/support2/index.php?module=prManage_view&id=??? A completed project shall mean that all points represented in HyperPMA at link noted above have been submitted and passed Quality Assurance and Client inspection and testing. |
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