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.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
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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 as a PDF, flat $49
What to expect after
A Letter of Demand gives a designer who has stopped responding a clear deadline and a record if you need to go further. If not, a Final Demand ($49) and a tribunal application keep the same paper trail.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.