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1 I have not signed a formal contract with a regular client of mine, but in the
advance invoice I mentioned the cancellation policy. Will that suffice to charge
cancellation charges?

2 Also, the client is non responsive and not taking the project forward NOR
cancelling it formally despite many notices, so can we cancel it at our end since
the stipulated timeline has passed anyways.

3 Client may try to use the advance give as a pay off for another project I just
completed. What is my recourse for that?

Asked on September 13, 2019 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) If you provided notice of the cancellation policy and any cancellation fees BEFORE he agreed to use you, then by going forward with hiring you foe the project, he would be held to have agreed to that policy and you may charge him. The key is, he must have had notice, so he can be said to have agreed to it, before you started working together, because you cannot change the terms after the project started.
2) If the client has not done what he needed to do to move the project forward and caused deadlines, etc. to be missed, his failure would be a breach of the agreement (written or unwritten) and you could terminate the agreement.
3) If he does not pay all amounts due (including trying to apply a deposit for project 2 to project 1's balance or arrears), you could sue him for what he owes.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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