Thank you for reaching out to me to inform me of this complaint and to establish another side to this incident. This has definitely been a difficult miscommunication and resolution. Upon arrival to the event in 2015- it was pouring with rain and lightning, they had no individual to
greet me as everyone was crammed into the pavilionI eventually located *** and she was not exactly sure what to do about my needs. In that moment as they were in the middle of doing many other activities, I did offer to reconnect around a future event to allow a reschedule of services if I was availableThis does go against my contract as all events are rain or shine. I was not informed that my services were no longer needed, that I was not going to have a place to set up and had still made the minute drive out to their venue. They had a large turn out for their event and I wanted to establish a new relationship with this company, on the whim I did state I would allow a reschedule, which after this incident, will probably not happen again for future clients In May of I was contacted by *** via FacebookI discovered Facebook not sending my messages in a timely manner and this year, have also found out through a colleague with a similar issue, Facebook business pages have a junk folder which many emails go into. I did discover her email in this location. In addition to Facebook glitches, I have spoken to very few customer through this format and rarely check this inboxI had responded that I was going to honor her request for a rebooking and would follow up on her requested date. It is true that I did not follow up as Facebook is not my primary process for communication so inevitably, her inquiry fell of my list of client contactsThis is not acceptable for my ideal business management but am slowly working on establishing ways to catch all of the internet messaging systems consistentlyI do not use my Facebook business account as often as I had hoped and have missed other opportunities due to the glitches in their messaging system. As of I adopted a new software called 17hats, to assist in keeping up with bookkeeping, contacts, email and booking agreements. This has been a successful transition and has streamlined my processes very wellPrior to 17hats, I used a software called ManagerSal, which is the software that our original contract was created and signed. I have always required a deposit and signed booking agreement for all events. *** had signed a booking agreement previously and I had assumed they would sign another one and that they knew of my protocolI do see how I should have established my expectations however, after my initial contact with her via FaceBook, our communication was not a part of my cross check system. I was contact via email and voicemail when it was closer to the event, at this time I was out of town and not able to check any voicemail's or emails as I was not in a service areaI had to leave town for a family matter that was urgent and had me disconnected to matters at home. My business is very small, part time and slowly growingI returned from my trip to hear the voicemail's and read the emailsHer emailed stated that she wanted a full refund or she would take me to small claims court and contact the Revdex.com. I was taken back by this information and very upset around the mishap. I informed her of why she was not in my books and my policy. This is the reason it was missed however, I recognize my communication was not to my own expectations given the circumstances. I try my best to manage my business and all of its affairs and unfortunately, this established relationship had taken a hit due to a communication glitch in my system. I offered to redeem her services for a date up until December of 2016, she had inquired for the date of Halloween 10/31/16, which is my biggest date of the year and I was already booked the entire day with customers I serve every Halloween I was in the process of finding another artist to attend her event when I started to see the reviews that were being written to various sites I have my business listed. I do not feel that I owe *** a refund as we never secured a date in my calendarI can understand her frustration and she has shared that frustration on every forum online in great detail. This is her right as reviews are to reflect positive and negative experiencesMy business reputation is very good, I have a strong and loyal customer base and hope to continue this momentum to eventually have this as my Full Time focus. I hope to find resolution to this matter but at this time, I am not sure how to do so. In what I have gathered, *** will continue to push until I pay, which is not a fair settlement as she did not accommodate me as a vendor in and assumed my presence in her recent event without a confirmed agreement I want to be of support in any following needed informationThank you for your time. Thank you, Stella *** Faces By Stella www.facesbystella.com ###-###-####
I am rejecting this response because:
As stated per Face by Stella, why should [redacted] bear the full onus for a verbal change to a contract. Especially when throughout the Revdex.com response, Faces by Stella listed and admitted to many missteps: "on the whim I did state I would allow a reschedule, which after this incident, will probably not happen again for future clients." Verbally changing a contract should not be "on the whim" if it is not intended to be followed thru on and honored. See Below: As long as the law or the contract itself does not say otherwise, parties to a contract can change it by oral or written agreement. But for this variation to be effective there must be: a valid agreement between the parties – mere notification by one party to the other is not effective; some form of consideration supporting this agreement. This consideration could take many forms, for example: mutual abandonment of existing rights; new benefits being granted by each party to the other party; the parties assuming additional obligations if the contract is breached. "I do not use my Facebook business account as often as I had hoped and have missed other opportunities due to the glitches in their messaging system." [redacted] should not have had to be subject to business IS system issues and glitches. There was also a major HTML issue on facesbystella website causing it to improperly display in Explorer. Finally, there is absolutely no acknowledgement of emails sent to the email address listed on the facesbystella website. The emails were sent prior to the facebook message. Facebook was used as an alternate method of communication after failed email and phone call attempts. There is also absolutely no acknowledgement and explanation for the dismal failure to direct [redacted] to a booking form on facesbystella.com and the lack of any contract. [redacted] booked thru a third party site, GigSalad, that Faces by Stella uses. Where would the booking agreement come from if not directly from Faces by Stella? Surely it is not the expectation of this business to have clients write and submit their own booking contracts?! A date WAS secured on her calendar, "I had responded that I was going to honor her request for a rebooking and would follow up on her requested date." Faces by Stella failed to "follow up" via email, phone call, and facebook. Regarding negative reviews, there is nothing in any of the reviews that was not truthful, even the response from Faces by Stella acknowledges, to some degree, that communication poor: "This is not acceptable for my ideal business management but am slowly working on establishing ways to catch all of the internet messaging systems consistently" "our communication was not a part of my cross check system" "This is the reason it was missed however, I recognize my communication was not to my own expectations given the circumstances. I try my best to manage my business and all of its affairs and unfortunately, this established relationship had taken a hit due to a communication glitch in my system." When asking for a refund, not inclusive of the deposit, it is based on principal, not monetary gain. While [redacted] rejects this response from Faces by Stella, [redacted] does not anticipate or expect any sort of refund. The simple fact that reviews of this situation are posted, along with a "unresolved" history and transcripts of this complaint on Revdex.com is lesson enough. Potential customer will be able to read, judge, and make their own decision on whether to enter into a contract with Face by Stella.
Thank you for reaching out to me to inform me of this complaint and to establish another side to this incident. This has definitely been a difficult miscommunication and resolution. Upon arrival to the event in 2015- it was pouring with rain and lightning, they had no individual to
greet me as everyone was crammed into the pavilionI eventually located *** and she was not exactly sure what to do about my needs. In that moment as they were in the middle of doing many other activities, I did offer to reconnect around a future event to allow a reschedule of services if I was availableThis does go against my contract as all events are rain or shine. I was not informed that my services were no longer needed, that I was not going to have a place to set up and had still made the minute drive out to their venue. They had a large turn out for their event and I wanted to establish a new relationship with this company, on the whim I did state I would allow a reschedule, which after this incident, will probably not happen again for future clients In May of I was contacted by *** via FacebookI discovered Facebook not sending my messages in a timely manner and this year, have also found out through a colleague with a similar issue, Facebook business pages have a junk folder which many emails go into. I did discover her email in this location. In addition to Facebook glitches, I have spoken to very few customer through this format and rarely check this inboxI had responded that I was going to honor her request for a rebooking and would follow up on her requested date. It is true that I did not follow up as Facebook is not my primary process for communication so inevitably, her inquiry fell of my list of client contactsThis is not acceptable for my ideal business management but am slowly working on establishing ways to catch all of the internet messaging systems consistentlyI do not use my Facebook business account as often as I had hoped and have missed other opportunities due to the glitches in their messaging system. As of I adopted a new software called 17hats, to assist in keeping up with bookkeeping, contacts, email and booking agreements. This has been a successful transition and has streamlined my processes very wellPrior to 17hats, I used a software called ManagerSal, which is the software that our original contract was created and signed. I have always required a deposit and signed booking agreement for all events. *** had signed a booking agreement previously and I had assumed they would sign another one and that they knew of my protocolI do see how I should have established my expectations however, after my initial contact with her via FaceBook, our communication was not a part of my cross check system. I was contact via email and voicemail when it was closer to the event, at this time I was out of town and not able to check any voicemail's or emails as I was not in a service areaI had to leave town for a family matter that was urgent and had me disconnected to matters at home. My business is very small, part time and slowly growingI returned from my trip to hear the voicemail's and read the emailsHer emailed stated that she wanted a full refund or she would take me to small claims court and contact the Revdex.com. I was taken back by this information and very upset around the mishap. I informed her of why she was not in my books and my policy. This is the reason it was missed however, I recognize my communication was not to my own expectations given the circumstances. I try my best to manage my business and all of its affairs and unfortunately, this established relationship had taken a hit due to a communication glitch in my system. I offered to redeem her services for a date up until December of 2016, she had inquired for the date of Halloween 10/31/16, which is my biggest date of the year and I was already booked the entire day with customers I serve every Halloween I was in the process of finding another artist to attend her event when I started to see the reviews that were being written to various sites I have my business listed. I do not feel that I owe *** a refund as we never secured a date in my calendarI can understand her frustration and she has shared that frustration on every forum online in great detail. This is her right as reviews are to reflect positive and negative experiencesMy business reputation is very good, I have a strong and loyal customer base and hope to continue this momentum to eventually have this as my Full Time focus. I hope to find resolution to this matter but at this time, I am not sure how to do so. In what I have gathered, *** will continue to push until I pay, which is not a fair settlement as she did not accommodate me as a vendor in and assumed my presence in her recent event without a confirmed agreement I want to be of support in any following needed informationThank you for your time. Thank you, Stella *** Faces By Stella www.facesbystella.com ###-###-####
I am rejecting this response because:
As stated per Face by Stella, why should [redacted] bear the full onus for a verbal change to a contract. Especially when throughout the Revdex.com response, Faces by Stella listed and admitted to many missteps: "on the whim I did state I would allow a reschedule, which after this incident, will probably not happen again for future clients." Verbally changing a contract should not be "on the whim" if it is not intended to be followed thru on and honored. See Below: As long as the law or the contract itself does not say otherwise, parties to a contract can change it by oral or written agreement. But for this variation to be effective there must be: a valid agreement between the parties – mere notification by one party to the other is not effective; some form of consideration supporting this agreement. This consideration could take many forms, for example: mutual abandonment of existing rights; new benefits being granted by each party to the other party; the parties assuming additional obligations if the contract is breached. "I do not use my Facebook business account as often as I had hoped and have missed other opportunities due to the glitches in their messaging system." [redacted] should not have had to be subject to business IS system issues and glitches. There was also a major HTML issue on facesbystella website causing it to improperly display in Explorer. Finally, there is absolutely no acknowledgement of emails sent to the email address listed on the facesbystella website. The emails were sent prior to the facebook message. Facebook was used as an alternate method of communication after failed email and phone call attempts. There is also absolutely no acknowledgement and explanation for the dismal failure to direct [redacted] to a booking form on facesbystella.com and the lack of any contract. [redacted] booked thru a third party site, GigSalad, that Faces by Stella uses. Where would the booking agreement come from if not directly from Faces by Stella? Surely it is not the expectation of this business to have clients write and submit their own booking contracts?! A date WAS secured on her calendar, "I had responded that I was going to honor her request for a rebooking and would follow up on her requested date." Faces by Stella failed to "follow up" via email, phone call, and facebook. Regarding negative reviews, there is nothing in any of the reviews that was not truthful, even the response from Faces by Stella acknowledges, to some degree, that communication poor: "This is not acceptable for my ideal business management but am slowly working on establishing ways to catch all of the internet messaging systems consistently" "our communication was not a part of my cross check system" "This is the reason it was missed however, I recognize my communication was not to my own expectations given the circumstances. I try my best to manage my business and all of its affairs and unfortunately, this established relationship had taken a hit due to a communication glitch in my system." When asking for a refund, not inclusive of the deposit, it is based on principal, not monetary gain. While [redacted] rejects this response from Faces by Stella, [redacted] does not anticipate or expect any sort of refund. The simple fact that reviews of this situation are posted, along with a "unresolved" history and transcripts of this complaint on Revdex.com is lesson enough. Potential customer will be able to read, judge, and make their own decision on whether to enter into a contract with Face by Stella.