You paid a deposit, often half the project fee. The designer missed the milestone, then the next one, then went quiet. Or the site finally launched and is broken, off-brief, missing pages, missing functionality, and unfit for the purpose you commissioned. You have already paid for something you cannot use.
A web design engagement is a contract for services. When the designer fails to deliver the agreed scope by the agreed date, that is a breach. You are entitled to a refund of money paid for work not delivered, damages for the cost of completing the project elsewhere, and potentially compensation for delay if the contract supports it.
The legal context
Even where the engagement is documented only by email or a quote, an enforceable contract exists. The designer owes obligations of skill and care, performance to specification, and delivery within a reasonable time. Where the designer is a sole trader or small studio, the contract is enforceable in your state’s small claims tribunal or Magistrates Court depending on quantum. The Australian Consumer Law’s services guarantees may also apply if you are a small business under the relevant thresholds.
Common pushbacks and why they fail
- “You kept changing the brief.” Variations are documented in writing or they are not variations. Vague claims of scope creep do not defeat a delivery obligation.
- “The deposit is non-refundable.” Non-refundable deposits cover work performed and reasonable expenses. They cannot be retained where no work of value was delivered.
- “The site is live.” Live is not the same as delivered. The contract specifies functionality, performance and acceptance — if it does not meet those, it is not delivered.
- “We need more time.” Reasonable extensions are reasonable. Open-ended delay after a missed milestone is breach.
The document and what it does
A Letter of Demand sets out the engagement, the scope agreed, the milestones missed, the amounts paid, and the remedy claimed — refund, completion at the designer’s cost, or damages for procurement of a replacement. It cites the contractual and statutory basis and gives a 14-day deadline before tribunal or court action.
What Claim Done delivers
- Engagement, scope and milestone history captured cleanly
- Statutory and contractual breaches identified
- Quantified remedy: deposit refund, plus completion cost and damages
- Clear deadline and escalation path to tribunal or court
- Drafted and sent on professional letterhead, flat $79
What to expect after
Designers who have stopped responding to emails almost always reply to a Letter of Demand because they know the next step is a small claims hearing they cannot defend. A refund or completion offer typically lands inside 14 days. If not, a Final Demand ($79) and a tribunal application keep the same paper trail.