My complaint is not so much a copyright complaint as it is a business transaction issue. I was approached by a Mr. Donnie Friesen Jr. on January 3, 2016 to rebuild a poorly made website that was old and outdated. The name of his company is Donnie Flooring of Tallahassee. The website is http://www.donnieflooringoftallahassee.com. I was asked to clean it up and make it look more modern. Mr. Friesen solicited me thru Facebook as I know him as a friend of a friend. I will reference parts of the conversation from the “Facebook Messenger Chat” record to this correspondence to help you ( the consumer) further understand my dilemma.
I was asked by Mr. Friesen to rebuild an old website. After I explained to Mr. Friesen my cost and availability he agreed. I am a very busy mom. I work full time in my field for a agency that contracts with the military. I work a lot of hours. I have a child that plays a lot of sports and my husband gone for short periods of times sometimes. I explained to Mr. Freisen that I can only work on the website on the weekends and not every weekend. He agreed that this was ok. I only do freelance work on Saturdays and Sundays and not every weekend because of sporting events and events for my job that by contract I have to attend. There was also no strict time limit put on the project. I was never given a deadline. With that being said. These are the events of what happened over a 4 week period in January 2016.
FB Chat Record January 3:
1/3, 5:57pm Friesen: can u do websites
1/3, 5:58pm Me: Yes. What do you need?
1/3, 6:22pm Friesen : i want u do it. how can i pay u
1/3, 6:29pm Me: I have pay pal. I can do it for $X. I will have to work on it next Saturday if this is OK. I work full time and my kid plays a lot of sports.
1/3, 6:32pm Friesen: can i pay u after it done
1/3, 6:33pm Me: No problem.
After finding samples of 3 different types of templates that would work for the client. I presented all three to the client. On January 9, 2016, I purchased a responsive design based on what the client told me he wanted. I began work on the site on January 10, 2016. I sent Mr. Friesen the screen shots of the website periodically as each page was completed with copy and images. He was satisfied with the results.
FBChat Record January 10:
1/10, 8:59pm Me: Can you send me a list of specific products like tile, hardwood, laminate, and vinyl, etc that you sell.
1/10, 8:59pm Friesen: Go to donniefloors.com
1/10, 9:01pm Me: OH! you have 2 sites?
1/10, 9:03pm Me: Do you want that one to stay up after I finish this one or do you have two different ones for a particular reason?
1/10, 9:03pm Friesen: Yes trafic
On January 14, 2016 I informed my client that I needed the name of his hosting company, password, etc. to be able to test the site. I also reminded my client that I currently reside overseas and I am a very busy mom. I reminded him that from the beginning I told him I freelance on the weekends only.
FB Chat Record January 14:
1/14, 8:15pm Me: Hi Donnie. I just wanted to let you know progress on your site. I have completed and added copy to two more pages and on Sat I am planing to upload to your host. I just need the user name and password.
1/14, 8:15pm Friesen: https://elmore.websitewelcome.com:2083/cpsess5513379908/frontend/x3/index.html?post_login=57498205369071. User elite45. 23floors. (The password 23floors no longer works. Please feel free to hack it if you have the capability.)
1/14, 8:15pm Friesen: how we doing on the website
1/14, 8:21pm Friesen: I have lead for u. For website
1/14, 9:04pm Me: It is 9 P.M. here. I have to get up early.
1/14, 9:04pm Friesen: Wow. U kidding.
On January 15 &16, 2016 Mr. Friesen was becoming impatient and continually asking what the status of the website is. At this point I have already spent at least 20 hours working this website. I normally charge $X per hour to build a website, especially one this complex. The website works perfect and looks beautiful in Dreamweaver.
FB Chat Record January 16:
1/15, 7:41pm Friesen: Hey
1/15, 9:26pm Friesen: How the site
1/16, 4:09am Friesen: Hey
1/16, 5:33pm Me: I am tweaking the site to make sure all the links work.
1/16, 5:33pm Friesen: Ok cool. I hope it today.
1/16, 5:38pm Me: Hmmmm…..May not be until tomorrow. I have not been able to test it on the test server yet.
1/16, 5:38pm Friesen: Ok
On January 17 & 18, 2016 Mr Friesen told me to forget it and he was going to find someone else to build the site. I told Mr. Friesen that he would at least have to pay me the money for the template.
FB Chat Record January 17:
1/17, 11:01pm Friesen: everything ok
1/17, 11:03pm Me: Everything is fine. Why?
1/17, 11:04pm Friesen: I need asap
1/18, 12:09am Friesen: i will get some one else
1/18, 12:37am Me: What? So I have been working on your site for one week and you tell me you will get someone else. Do you want me to finish it or not? If not, I will need you to deposit the money for the template I purchased.
By January 19, 2016 I needed more info from Mr. Friesen about his contact information, social media accounts and business location for the google map portion of the website. He began to get angry and impatient. I still have not received any money from Mr. Friesen.
FB Chat Record January 19:
1/19, 3:28pm Friesen: how site going
1/19, 3:42pm Friesen: it carpetman for twitter
1/19, 11:05pm Me: Good. OK. I need links to all your social media sites and contact information. I need your business address.
1/19, 11:06pm Friesen: I hope so
1/19, 11:08pm Friesen: i need seo too
1/19, 11:08pm Me: That is an extra charge.
1/19, 11:09pm Me: I still have some questions about some of the text/copy. The copy came directly off of the manufacturers website. We can not use this because of copyright infringement issues.
1/19, 11:09pm Friesen: Can we fix later
1/19, 12:03am Friesen: https://m.facebook.com/Elite-Flooring-supplies-484056235073073/. Invite all your friends here.
On the weekend of January 20 - 24, 2016 Mr. Friesen is still persistent. At this point I am testing the site on a different hosting site to make sure I am covered on all sides. I am now at over 30 hours spent on the website. Still no compensation from Mr. Friesen.
1/20, 8:43pm Friesen: how we doing. hey
1/21, 8:48pm Friesen: Hey
1/23, 4:54pm Friesen: Hello
1/24, 7:08pm Friesen: Hey
1/24, 8:03pm Me: The site works perfect in Dreamweaver. It should work perfect on the live server.
On January 26, 2016 I noticed on this day that the “index.html” from the old site has disappeared off of the “public” portion of the ePanel server. I asked Mr. Friesen if he himself or anyone else has been on the server and could of possibly accidentally deleted the index of the old site. I told Mr. Friesen that I would build him a simple, plain, 4 page website with no bells and whistles for FREE for now until the index issue is resolved with the host. No money has been placed in my paypal account
On January 28, 2016 I told Mr. Friesen that I would put up the new temporary site on Sunday, January 31, 2016 for free. Still no money from Mr. Friesen.
FB Chat Record January 28:
1/28, 6:21pm Friesen: i like to have site up please
1/28, 6:45pm Me: I will have a site up for you on Sunday. It may be a temporary static site for now. I have not had time at night during the week to get ahold of your host company.
On January 29, 2016 Mr. Friesen was still not happy with the situation and began to tell me he was loosing money. I explained that it was impossible because there was no option on the old site for online ordering. It was a plain staid site. There is no customer support phone number for “ePanel”. I called the support line for Host Gator and there was no answer. I was on hold with them for over an hour. When I finally got ahold of someone via the online support it was too late Mr. Friesen deleted me from his social network page and blocked me from all contact with him. He also changed the password to all of the website hosting accounts.
FB Chat Record January 29:
1/28, 6:44pm Friesen: im loseing cistomers
1/28, 6:48pm Friesen: u need to call them asap.
1/28, 8:51pm Me: Please be more patient. I have been hold with them for over an hour.
1/28, 8:51pm Friesen: Well I just lost over 2000 dollars
1/28, 8:52pm Me: So you make 2000 dollars an hour off of your website?
1/28, 8:52pm Friesen: Yes
1/28, 9:42pm Me: I placed a temporary “Under Construction” web page as your home page until your host company can fully restore your old index page on the site.
1/28, 9:45pm Friesen: i did a retore my self i hope u have a good life
Ending FB Chat Message: You cannot reply to this
I did not have enough time to delete my code that I worked on for Mr. Friesen from the hosting server. The code is still on the “ePanel” server. He is not answering his cell phone which costs me more money when I call the states. He is not responding to his email that I sent him. So at this point. I worked over 40 hours on this website. I have not given Mr. Friesen any verbal or written permission to use the code. I have also not been compensated for the original agreed amount.
January 31, 2016. I once again tried to call Mr. Friesen on the matter and he refuses to answer his phone. He is in fact using the template that I purchased. It is currently showing on the live server.
I am placing this information on the BBB complaint board to warn people about Mr. Friesen and his business practices. I found a complaint board with other people who have been burned in the past by Mr. Friesen here:
I will be posting this complaint on the above website also. I would like everyone to know that I will probably never get my money from him, but please don’t do any business with him without a legal binding contract. I did not do my homework on him and I got burned. Fortunately I am only out of a small sum of money and a lot of my spare time. The next time he solicits someone online for website and social media work you may spend a lot more money and time than I did.