• Report: #679879

Complaint Review: Chakery Design

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  • Submitted: Fri, January 07, 2011
  • Updated: Sun, April 17, 2011

  • Reported By: Jonathan — Short Hills New Jersey United States of America
Chakery Design
835 E Lamar Blvd. # 304 Arlington, Texas United States of America

Chakery Design Malcom Chakery Stalled, never started project, made threats, no apology, no refund Arlington , Texas

*Consumer Comment: Chakery Web Designs is the best & delivered for me on time!

*REBUTTAL Owner of company: Rebuttal Letter In Further Detail

*REBUTTAL Owner of company: Client Changed Scope Of Project Decided He Wanted A Flash Template Instead

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I hired Chakery Design to design two websites for me, totaling $3,600. I paid both in full within one week of agreeing. Malcom agreed that the first site would be done in 2-3 weeks. The second week I wanted to start the second site, and got no response for it. After 5 weeks went by, I started calling and emailing to get some response about my website progress. I received an email telling me the whole family was sick so they couldn't call or email me. The website designer was also sick a week earlier and thats why he couldn't make progress on my site. Over 5 weeks I only saw two mockups for the first site which were templates. The agreement was that I would get two custom websites, not templates. That is clearly fraud. The last time I contacted him, I requested the work to get done quickly or to issue me a refund. He responded after a couple days and started sending me threatening emails about suing me and told me to "lawyer up". I disputed the charges with my credit card issuer since I have seen no real work on my first site, and no work at all to show for my second site, since it was never started. I still have not been refunded. I am awaiting reimbursement for my credit card issuer, while Malcom continues with threatening emails to slander me on the internet and sue me in Texas.


This report was posted on Ripoff Report on 01/07/2011 08:27 AM and is a permanent record located here: http://www.ripoffreport.com/r/Chakery-Design/Arlington-Texas-76011/Chakery-Design-Malcom-Chakery-Stalled-never-started-project-made-threats-no-apology-n-679879. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 1Consumer 2Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Chakery Web Designs is the best & delivered for me on time!

AUTHOR: Billy B. - ()

I used Chakery Designs on several occasions to develope a website for me and my ex-girlfrien Yanine. Malcom is very professional and a good business man. Malcom is a family man that cares about his clients. Malcom always addressed every concern promptly and resolved every detail to our satisfaction. Malcom does have health issues which is just part of life but I am thankful he is alive to do the service he does. When looking for a web designer it is hard to find one that will do what they say. I am glad I found Malcom Chakery and his service. As for the person who reported this report I am commenting on  all I can say is you my friend aren't telling the whole truth to your story. I believe Malcom's rebuttal to your claim because I saw what he did for my company & Yanine's company. My advice is Rome wasn't built in a day. When you make changes to the original idea it takes time to put it together. When preparing a website I learned from Malcom to have all of your content for each page ready before contacting a web designer. This saves time & money. I plan on Malcom creating a new site for me soon. But before I contact Malcom I am making sure I have content, pictures and everything I need in place before pulling the trigger to begin the new site.

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#2 REBUTTAL Owner of company

Rebuttal Letter In Further Detail

AUTHOR: Malcom - (U.S.A.)

Just to give you a preview of what you are about to read.. This is a letter from CD to our merchant processing company PayPal that we sent in to dispute the chargeback when Jonathan Martin, Shorthills, NJ Riveting Media went to his credit card company and asked for his money back. When he did that PayPal automatically takes the money from my account while they investigate the dispute. Jonathan Martin, Shorthills, NJ Riveting Media claimed that we did no work and so on. My claim was that Jonathan Martin, Shorthills, NJ had a signed contract, and had changed the scope of the services to be completed by our company, and that he had buyers remorse. Based upon the investigation from Jonathan Martin's credit card company and PayPal they ruled in favor of CD. Jonathan Martin has now taken to alternative means of trying to recoup his money such as posts like these on the internet. Also he has posted my personal information on YouTube and has asked people to prank call me forcing me to file a police report to track the progress of his behaviors. He has sent letters to the better business bureau more than once even after the case has been considered settled with the BBB. Please read below. 


This is a seller response letter letting you know that Jonathan Martin, Shorthills, NJ  Jonathan Martin Films who is the son of Kathleen Martin signed up for a website http://jonathanmartinfilm.com  to be designed by our company CD. We have done work that the client has approved. We keep every response from our clients on file. The client in our opinion is trying to take the work that we have done to another design firm and is only reversing the charges due to financial troubles on his end. Just to be clear this is the son named Jonathan Martin who has used his mothers credit card to purchase a website. 


In the very beginning the client Jonathan Martin presents us with sites that he would like us to design his site based off of these sites mentioned by him below on November 30, 2010


I haven't decided on a name or domain yet. I was wondering if you had any suggestions for a short name that domain is still available as a ".com"


Here are some sample sites that I liked:


The flash text changing on blue on each page is really nice. http://www.auroracoast.com/contact.html


This is really creative: http://www.groovylikeamovie.com/#home


So these were the sites that we came up with based on his feedback. November 30, 2010






Here was the first design concept that we presented to the client http://www.chakery123.com/clients/jonathanmartin/mock01/  "link is now inactive"


His response was..
Jonathan Martin Sun, Jonathan Martin Films - Riveting Media 19 Dec 2010 at 12:35pm 
Thanks! It looks really nice. I like the background and the color of the company name on top. And the overall layout is nice. I wish I could see how the other pages work, and videos play. Could the videos when played, open on top of the window (ex: previewing a music video in itunes)?


I really like the font and size, looks perfect. Will the testimonials fade in and out? Do you have any really creative designs/layouts I could see? Something as creative as this: http://www.groovylikeamovie.com/#get-in-contact


I really like the clean look of the one you have though and color, I just want to see some others to make sure this is the best. Thanks!


MC Sun, 19 Dec 2010 at 7:36pm 
Jonathan,


as soon as the home page is approved our designer will begin working on the inner pages like your suggesting above. we want to make sure that we have everything on the home page as close to perfect as possible.


Jonathan Martin - Jonathan Martin Films - Riveting Media Sun, 19 Dec 2010 at 9:28pm 
Ok great! I do love the clean layout of it, I'm just thinking if it could somehow be really creative and show/feel what the business is about, if possible. But it looks great either way. 


Web Team Mon, 20 Dec 2010 at 7:49am 
Jonathan,
OK then let us know, is the home page design finally approved? Once we get final approval from you then we will move forward working on the other pages.
Thanks


Web Team


Jonathan Martin Jonathan Martin Films - Riveting Media   Mon, 20 Dec 2010 at 9:05am 
no, I just want to see a couple more mockups before I finally decide on one. Something really creative. 




Come December 27, 2010 we come up with another design concept after going back and forth with the client to make sure we did it the way that he requested
Jonathan,
We have created 2nd mock up. Please take a look at http://www.chakery123.com/clients/jonathanmartin/mock02  and let us know your thoughts.
Thanks


Web Team
Pay Pal Team: This is where Jonathan Martin, Shorthills, NJ makes up his mind that he has totally changed the scope of the project by requesting us to design a full flash site where we had agreed to some flash functionality as we do that on all of our websites. But here you can see the client is now looking at $65 dollar templates. In his mind he made the decision to reverse the charge and try to find a $65 template. His response below.


It looks like the same layout as the first mockup. I'm looking for something very different than most sites, and more creative. I mean the way people will navigate the site needs to to be very different. Here's three sites that I really like, especially the look and layout of the first two listed here: 


http://www.saizenmedia.com/reinvented/


http://www.flashtemplatestore.com/preview/300110890


http://www.flashtemplatestore.com/preview/300110788


But at the start of the project the client said that he likes this 


Here are some sample sites that I liked:


The flash text changing on blue on each page is really nice. http://www.auroracoast.com/contact.html


This is really creative: http://www.groovylikeamovie.com/#home


So these were the sites that we came up with based on his feedback. November 30, 2010. We had almost completed what he had initially requested and now he is changing the scope of the project at the end. Again the client had it in his mind that he was going to reverse the charge once he found templates. See our conversation back and forth below.








Web Team Tue, 28 Dec 2010 at 12:51pm 
Jonathan,
I have checked the 3 above reference sites. Those all sites are in Flash based website. So in the HTML based website cant be created animated effects like those sites. Yes we can take layout design as referenced and can create something like those designs, but cant use the animated affects. Hope you understand what I mean.
Thanks


Web Team


Jonathan Martin  Jonathan Martin Films - Riveting Media  Tue, 28 Dec 2010 at 12:53pm 
I don't understand why you can't do a flash site? I've had a flash site before this. I don't want something lesser quality than what I'm replacing. Cant you use flash templates? I definitely have to have flash.


----------------------------------------------------------------------------------------------------------------------------------


You will notice that he is now requesting us to use flash templates. If you look at what he said I the very beginning he is not asking for a full flash site at all. The sites he mentioned in the very beginning are very minimal with regards to having flash.


The client was providing us with content on December the 25th. When our contract clearly states below that we are not required to start the project until we have received all of the content from the client. We still went ahead and did work before he provided us with all of the content. Once he sent us what he did, he expected us to have the project completed over night. See our terms below. 




 6. TERMS & CONDITIONS Client shall provide all of the content for the project before CD begins its work.. The Client must provide all of the content in digital format, i.e. Word, JPEG, TIFF, Excel or other compatible format, by email or other compatible electronic means, to CD. Client must provide its logo if CD is not contracted to create one. The Client will designate a contact person that can make decision related to the project. If the Client wishes to change the scope of the project any time after it has been approved by Client, the Client agrees to pay CD to make the requested changes, at CDs standard hourly billing rate.


We also have a policy on refunds were it is clearly stated that we do not offer refunds on funds paid to CD. Please read the terms below.




 3. PAYMENT Client shall pay CD in the amounts set forth in the Project Estimate. The Amounts in the Project Estimate represent an estimate of the scope of work required to complete the project. In the event the actual work exceeds the Project Estimate, CD will secure Clients approval before commencing any additional work on the project. No files created by CD will be transferred to any party until payment terms are met. There are no refunds on funds already paid to CD. 


4. TERMINATION If for any reason Client terminates the project, Client will be liable to pay CD the full amount for work actually performed, up to effective date of termination. If Client allows the project to be placed on hold for more than two weeks, payment for work already performed to date will be due. No refund will be issued on funds already paid to CD.


Kind Regards,


So in this rebuttal I am simply pointing out that the client is obviously upset because of the fact that his own credit card company did not rule in his favor. They called it buyers remorse so now Jonathan Martin has gone to great lengths to defame me and my company online which has been in business for almost a decade. We have worked with clients like American Airlines, Texas A&M, Lockheed Martin, Georgetown University, University of Michigan, Dallas Baptist University, University of California, Santa Barbara and have a great track record for taking care of our clients. So when I see Jonathan Martin go onto YouTube and post my personal information and request people to call my company and prank call me like he did, I had no choice but to file a police report so that it was documented. The same way he has posted here he has posted on many other sites including contacting our better business bureau and they too have closed out the case and have considered it settled. 

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Here what some of our clients have had to say about our company..




Thank you for the excellent service you provide for Conejo church.  I am amazed at the personal and prompt attention you give to my requests, ideas and dreams. Your creativity, professionalism, and skillfulness all combined with your extraordinary personal touch is simply the best. 

You and your fantastic team of designers have made creating and maintaining our web site a delightful experience. Thank you!

I highly recommend Chakery Design to anyone looking for a creative, fresh and effective presence on the web. 
Thank you for your excitement, creativity and commitment to make us successful. 

Sincerely,
W. Rex Holt, pastor

------------------------------------------------------------------------------------------------------------------------------


Thank you for doing such a great job on updating my website, it looks fantastic! I really appreciated how any change I needed, you put in a ton of effort and the result really shows.
Thanks Again,

Brooke 


------------------------------------------------------------------------------------------------------------------------------


Thank you for all your help. You turned what was a terrible website into something our company can be proud of. What impressed me was that you were genuinely concerned about our needs. I would highly recommend your company (and already have) to anyone who wants positive results.
Thanks again.

J. Luis Tapia

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It has been a real pleasure working with Chakery Design. It is one of the most customer-centric firms that I have recently dealt with. Malcom especially has always been very patient with us and quite clear about his capabilities and deliverables. His team did a good amount of research and understood very well what we were looking for. I wish for creative and productive years ahead for Chakery Design.

Sincerely,
Sanjeev Kumar

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Dear Mr. Chakery:
This note of appreciation is in reference to the fantastic work your company provided the University of Michigan Ross School of Business- Hispanic and Latino Business Students Association (HLBSA). The members of your team incorporated all of our recommendations and allowed us to have our independence while utilizing your creativity and technical ingenuity. Given the nature of the work, and the compressed timeframe, we at the HLBSA were impressed with the results. Thank you again and please feel free to use this testimonial and our contact information should you need any additional references.

Sincerely,
Daniel B. Garcia

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Mr. Chakery,

This letter is to commend and thank you for your excellent service and wonderful creation of the Office of the Student Advocate's (OSA) website at UCSB. We came to you with an idea, limited funds, and the hope of creating a professional, hip, first rate web site. You sir made it happen by being more than just accomodating and creative, but throughout the entire process you helped to make pieces of different puzzles fit together as if they were molded from the same form. You did an amazing job and your customer service is second to none. I thank you for all of your hard work, and the students of the University of California Santa Barbara thank you as well.

Chris Karlin
Advocate General
Office of the Student Advocate
www.advocate.as.ucsb.edu

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What would Malcom do?
Whenever I think of customer service and how I want our company to run, my brain automatically goes to you as my example. My husband and I have been absolutely amazed at your customer service. It has been a pleasure working with you.

Livia K. Smith, President
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#3 REBUTTAL Owner of company

Client Changed Scope Of Project Decided He Wanted A Flash Template Instead

AUTHOR: Malcom - (U.S.A.)

Chakery Design has been in business for almost a decade. During that time we have had only two clients who decided to post on Ripoff Report. The client completely withdrew his mom's money to build this website. We have a signed contract that he backed out on without even discussing it with our company. Had Jonathan Martin from SmartHills, NJ we could have worked this out. As of now I have no choice but to pursue legal action against Jonathan Martin from SmartHills, NJ. 

This is a rebuttal response letter letting you know that Jonathan Martin from SmartHills of NJ who is the son of Kathleen Martin signed up for a website to be designed by our company Chakery Design LLC. We have done work that the client has approved. We keep every response from our clients on file. The client in our opinion is trying to take the work that we have done to another design firm and is only reversing the charges due to financial troubles on his end. He decided a template for $65 would be better on his budget.

Just to be clear this is the son named Jonathan Martin, of SmartHills, NJ who has used his mother’s credit card to purchase a website.  In the very beginning the client Jonathan Martin presents us with sites that he would like us to design his site based off of these sites mentioned by him below on November 30, 2010   I haven't decided on a name or domain yet. I was wondering if you had any suggestions for a short name that domain is still available as a ".com"  

Here are some sample sites that I liked:  
The flash text changing on blue on each page is really nice. (((Redacted)))

This is really creative: (((Redacted)))
So these were the sites that we came up with based on his feedback. November 30, 2010

Here was the first design concept that we presented to the client (((Redacted))) His response was..
Jonathan Martin Sun, 19 Dec 2010 at 12:35pm Thanks! It looks really nice. I like the background and the color of the company name on top. And the overall layout is nice. I wish I could see how the other pages work, and videos play. Could the videos when played, open on top of the window (ex: previewing a music video in itunes)?   I really like the font and size, looks perfect. Will the testimonials fade in and out?

Do you have any really creative designs/layouts I could see? Something as creative as this: (((Redacted)))   I really like the clean look of the one you have though and color, I just want to see some others to make sure this is the best. Thanks!  

 Malcom Chakery Sun, 19 Dec 2010 at 7:36pm Jonathan,   as soon as the home page is approved our designers will begin working on the inner pages like your suggesting above. we want to make sure that we have everything on the home page as close to perfect as possible.  

Jonathan Martin Sun, 19 Dec 2010 at 9:28pm Ok great! I do love the clean layout of it, I'm just thinking if it could somehow be really creative and show/feel what the business is about, if possible. But it looks great either way.   

Web Team Mon, 20 Dec 2010 at 7:49am Jonathan, OK then let us know, is the home page design finally approved? Once we get final approval from you then we will move forward working on the other pages. Thanks Web Team  

Jonathan Martin Mon, 20 Dec 2010 at 9:05am no, I just want to see a couple more mockups before I finally decide on one. Something really creative.     

Come December 27, 2010 we come up with another design concept after going back and forth with the client to make sure we did it the way that he requested

 Jonathan, We have created 2nd mock up. Please take a look at http://www.chakery360.com/clients/jonathanmartin/mockup02 and let us know your thoughts. Thanks  Web Team

 This is where Jonathan Martin makes up his mind that he has totally changed the scope of the project by requesting us to design a full flash site where we had agreed to some flash functionality as we do that on all of our websites.

But here you can see the client is now looking at $65 dollar templates. In his mind he made the decision to reverse the charge and try to find a $65 template. His response below.  It looks like the same layout as the first mockup. I'm looking for something very different than most sites, and more creative. I mean the way people will navigate the site needs to to be very different. Here's three sites that I really like, especially the look and layout of the first two listed here:   (((Redacted))) 

But at the start of the project the client said that he likes this  
Here are some sample sites that I liked The flash text changing on blue on each page is really nice. 

(((Redacted)))

This is really creative: http://www.groovylikeamovie.com/#home  


So these were the sites that we came up with based on his feedback. November 30, 2010 Rolls around. . We had almost completed what he had initially requested and now he is changing the scope of the project at the end.

Again the client had it in his mind that he was going to reverse the charge once he found templates. See our conversation back and forth below.  

Web Team Tue, 28 Dec 2010 at 12:51pm
Jonathan, I have checked the 3 above reference sites. Those all sites are in Flash based website. So in the HTML based website can’t be created animated effects like those sites. Yes we can take layout design as references and can be create something like those designs, but can’t use the animated affects. Hope your getting what I am trying to say. Thanks Web Team  

Jonathan Martin Tue, 28 Dec 2010 at 12:53pm I don't understand why you can't do a flash site? I've had a flash site before this. I don't want something lesser quality than what I'm replacing. Cant you use flash templates? I definitely have to have flash.

 You will notice that he is now requesting us to use flash templates. If you look at what he said I the very beginning he is not asking for a full flash site at all. The sites he mentioned in the very beginning are very minimal with regards to having flash.  

The client was providing us with content on December the 25th. When our contract clearly states below that we are not required to start the project until we have received all of the content from the client. We still went ahead and did work before he provided us with all of the content. Once he sent us what he did, he expected us to have the project completed over night. See our terms below.    

 6. TERMS & CONDITIONS Client shall provide all of the content for the project before CD begins its work.. The Client must provide all of the content in digital format, i.e. Word, JPEG, TIFF, Excel or other compatible format, by email or other compatible electronic means, to CD. Client must provide its logo if CD is not contracted to create one. The Client will designate a contact person that can make decision related to the project. If the Client wishes to change the scope of the project any time after it has been approved by Client, the Client agrees to pay CD to make the requested changes, at CD’s standard hourly billing rate.   We also have a policy on refunds were it is clearly stated that we do not offer refunds on funds paid to Chakery Design. Please read the terms below.      

3. PAYMENT Client shall pay CD in the amounts set forth in the Project Estimate. The Amounts in the Project Estimate represent an estimate of the scope of work required to complete the project. In the event the actual work exceeds the Project Estimate, CD will secure Client’s approval before commencing any additional work on the project. No files created by CD will be transferred to any party until payment terms are met. There are no refunds on funds already paid to CD.   4. TERMINATION If for any reason Client terminates the project, Client will be liable to pay CD the full amount for work actually performed, up to effective date of termination. If Client allows the project to be placed on hold for more than two weeks, payment for work already performed to date will be due. No refund will be issued on funds already paid to CD.


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