Joined: 27 Feb 2006
|Posted: Mon Feb 27, 2006 5:20 pm Post subject: The agreement I made with "Brian Night"
|From January 15 to January 23, I exchanged about a dozen emails with "Brian" going over everything that he wanted on his website and getting many of the particulars, including color preferences, style, logo, etc. "Brian" also told me that his radio station was exactly 2 weeks old, when I contacted him originally and that he was going through the financial pressure of opening a brand new company… something I understood and identified with.
On January 24, I emailed "Brian" a standard Nondisclosure form. Then he was silent; he simply stopped communicating with me until I sent him an email, on about February 6, asking him about returning the Nondisclosure form to me..
On February 6, "Brian" sent me an email saying that he had been sick
On February 9 and February 14, I sent "Brian" follow-up emails asking for the signed Nondisclosure agreement.
On February 25, I phoned "Brian" and this time he faxed the completed and signed Nondisclosure agreement to me. The copy that he faxed to me is attached to this report as Attachment A. The fax number that he sent it from is 301-739-1176 -- which belongs to the Bethel Assembly church in Hagerstown, Maryland. I countersigned the Nondisclosure agreement and sent it via postal mail to the address that "Brian" had given me, which was:
Pulse FM Radio
500 West Wilson Boulevard
Hagerstown, Maryland 21740
On that same day, on February 25, I emailed "Brian" and attached our proposal (labeled Attachment B) and a contract, in which we proposed doing about $25,000 worth of work at no charge, in exchange for free advertising on his radio station for as long as his radio station remained in business. "Brian" immediately returned an email to me in which he had printed his initials and name on the signature lines electronically. I thanked "Brian" for returning it and specifically told him that I needed the hard copy signature and asked him to send me the signed document by postal mail.
Sometime during the next week, the countersigned Nondisclosure agreement that I had sent via postal mail was returned to me as "undeliverable". I phoned "Brian" and he said that his address was "East Wilson Boulevard", rather than "West Wilson Boulevard". I re-sent the documents using the new address. That piece of mail was also returned to me as "undeliverable". At that point, on a phone call with "Brian" he exploded over how "stupid" the post office is and complained that the post office "keeps not delivering our mail!"
I was still waiting for the hard copy of the signed contract to arrive, but it never did. I finally, on March 2, decided to just go with the electronic copy that I had received and started to work on "Brian's" site.
I hired one of my developers to create the basic look of the site, plus an introductory Flash animation. I paid that developer, out of my own pocket, a total of $300.
I had already started programming many aspects of the site for the previous 5 weeks, and now threw myself into it full-time. The site that I created for him over the course of the next month was worth about $25,000.
In the meantime, "Brian" called me repeatedly. He loved the Urangatang radio commercial I had sent to him, and he had created another snippet of one for us free of charge. He phoned me when he was "on the air" and several times I heard him talking (supposedly) on the air, with me hearing him as via his cell phone. From everything I could tell, he was aggressively advertising my company as promised. Of course there was no way for me to listen to the station myself and hear the ads, since the radio station was in Maryland and I am located in New Jersey.