Gail you should create your own book as well, inspired by AL, make it two:

1. The Difference Between A Web Design and Book Design
2. Paano Yumaman ng Hindi Nanggugulang

grabe ang angas ng naka engkwentro mo. tsk tsk wala na talaga ako masabi.

I thought it was obvious that you were referring to the web design. what the heck does he mean? He can use the book cover design for the web site? My god, is he ignorant ?

http://encyclopediadramatica.com/index.php/Legal_action
http://encyclopediadramatica.com/index.php/Internet_tough_guys

In all honesty, full disclosure from the start re: the book design would have been a good move; it’s not inconceivable that a client can commission just a book design, then hand the graphics over to another party as compre for a website. HOWEVER, he did view your previous website design on spec as well, and did not pay for it, so you still have grounds for an IP dispute. Irrespective of that, this series of text messages has been a remarkable glance into the mind of a classic adult bully in the modern age. Never good for PR to be the antagonizing party, especially when it’s in txt-spk.

Thessa: Nah. I love designing more :P

Eric: hehe

Noemi: I really am at loss myself till now.

Paulo: Yeah, well, it’s in his site’s Credit page and I did link to his site. I honestly don’t see the point of making an issue out of the book cover design, since he did pay for it and he has the source file of it. Yeah, as you said, he did see my web design concept on spec and still used it without paying for it. Besides, I’d be arrogant to say that my webdesign concept is the only way to “interpret” the book cover and apply the style into the web site, because it’s not. There are better designers out there who can create a better web design concept from scratch based on the book cover design I made. My web design concept isn’t the only way to apply the book cover’s look and feel.

He incriminated himself, sabi niya you made (and was paid for) the book design and then he told you that the book design was his… Couldn’t make up his mind?

Maybe that’s lesson #12: contradict yourself so that the people speaking to you will win no matter what!

Good luck Gail! We know you’ll win! :D

err correction *will NOT win no matter what… hehehe

oooh. obviously he doesn’t know whom he’s messing with. good luck, gail. :)

seryoso, kumukulo ang dugo ko. good luck at alam naman natin kung sino nagsasabi ng totoo.

pahabol. nasa socsci ka kahapon? late ko nakita yung side message mo :|

What an asshole! And a bad speller, too!

I would definitely take, “di ako si thessa’s” advice,
{
Gail you should create your own book as well, inspired by AL, make it two:

1. The Difference Between A Web Design and Book Design
2. Paano Yumaman ng Hindi Nanggugulang
}

LOL….

mega-POWER to you Gail!

I am just a bit confused on this matter. isn’t that when we serve a contract regarding web design, we stipulate that we hold back the 50% no matter what reason a client has as long as he/she cancels the deal. why then you say you gave a full refund? that tells me a different story and tells me there is something that happened for you to even give full refund when it is our rule not to do that. I never by chance given a full refund to any of my designs for whatever reason because that is what my contract says. Why don’t you stress that out with this guy that it is in any webdesign contract that you might have with him.

2nd confusing part of this issue is you got paid with the book that you did not mention on your first blog (of course you got paid so why bother telling the public that side to make the story more interesting). Why was he willing to pay for the cover and not for the design? was there anything in between that happened within designing the book and designing the website?

It seems he did not have any problem with the book but with the website so it sounds very confusing, you are leaving us stranded on one side of the coin (that looks like your side of the coin) and to think people above me already went on judgement day without looking at the mirror.

please fill me in

one confused designer

for pagina: here is a quote from Ate Gail’s first post regarding this matter, read it through too :)

The reason why he demanded for his money back was simple: he wanted us to put up the demo site (the HTML and CSS version of the design concept) on a location in our server BEFORE he signs the contract. He claims that he had some issues with it. Our point was, if he had issues with it, he had to settle them with us first.

Pagina: you just needed to click on the link to the Sikreto.Com site I provided to see that I did the book cover design and got paid for it. Look at the Credits page, it’s there. If I just wanted to make the story more interesting, I probably won’t even bother linking to his site. But I did.

The book cover design is NOT the issue, it’s the WEB design that is the issue.

I am always against stupid clients because I almost got ripped off with one of my designs and did not get paid in full (of course i kept the other half 50% coz it was part of the deal and he never got to use the design I had) but the idea of giving a full refund sounds like there is too much pressure or too much intimidation that happened between you and your client… I always believe that it was a rule (correct me if i am wrong) for us not to give back the full refund unless it was our mistake and did not fill in the side of the deal. My questions are not pointed to you nor to anybody but to just make sure I am also justified by my action against my clients because never in my life I have given nobody a full refund when it is them who cancels out the contract.

I understand that the web design was the issue but I am getting torn between you having a good deal gone bad (book is the good deal and the webdesign is the bad deal) ending up where client has to ask for a refund.

In my opinion, refunds are not simply requested out of nowhere, disagreement between both parties will result to such. Client not satisfied will result to such. Designer’s not able to deliver what was promised will result to such. This is what makes me more confused.

just my 2000 cents

To pagina: Apparently, it seems that ate Gail’s web design company (Sheero Media) does not have a Cancellation Fee that would allow them to keep a certain amount of the 50% down payment from the client. And apparently as indicated by Gail’s first post, there WAS something between them and the client that went bad.

And that’s the issue on the Contract wherein the client refused to agree and sign it. So both parties have agreed to terminate the web project and this is why ate Gail had to give a full refund. Ain’t that right Gail? (By the looks of it, I’m pretty sure that the client must have threatened ate Gail with a lawsuit as well when he was claiming the full refund.)

Nevertheles, regardless of whether Sheero Media kept a Cancellation Fee of not, the client should have NOT ripped off Gail’s design. Just imagine, you work on countless revisions and headaches with the client only to have the project terminated… and then after a few weeks, you see the client with his website using your design you were not paid or compensated for.

pagina writes very well. you must be a writer or someone who works as a PR agent.

Sorry, but I had to edit your “name” :) -Gail

Hehe PR Agent yata. If pagina is a webdesigner, where is their site? tsk.

Gail, I am not surprised you gave a full refund. I do that too in my business as customer satisfaction is my prime concern. Of course a cancellation fee or a certain non-refundable amount is best as it covers initial work already done.

hmmm… after reading the posts, “WAAAHHH!!!”. Man, this client is really pushing my nerves to the limit, I’m not even concerned with this but by just reading the posts, I could feel Gail’s sentiments, especially with the threatening text messages. I thought at first of knowing Al McCaw’s side for impartiality, but based on his reactions, I say, ‘No frickin’ way!’ Al McCaw (Al Sembrano) is just one of the many cancers of the society, preying on the vulnerable to get to the top. He should really be held liable for this. Sikreto.com and Mayaman.com are both B.S. I really wish justice is served here. (I’m confident that it’s on your side, Gail). I would really love to see Al McCaw be humiliated for his threats. I’ll be looking forward for further updates.

All the while i thought my comment was held for moderation..
Na-trap pala ng akismet! hahahha.

Here is a repost:

I was able to read this post following the link at http://www.yugatech.com.

Based from your story, one way of being rich is stealing someone else’s design… well.. that’s the message that Chelsey McCaw Publishing, Inc. (Le Metropole Tower, Salcedo Village, Makati, Metro Manila, Philippines) is conveying to me.

First, i wont think he will sue you. kasi lalabas ang baho nila… And if ever they pursue with any charges.. babalik din sa kanila yan.

If that guy is saying that HARDBALL is his expertise, then he’s in the wrong field.. kasi “softball” ang labanan dito.. eto yung dahan dahan kang nasisira or bumabagsak ng hindi mo namamalayan… I’m surprised that the site (sikreto.com) is still up and running.. Isang hack lang dyan patay yan.. with the poor “programming” its easy to find holes and plant bombs.. lalo na when you can get the information pertaining to the site with just a few clicks.. eh minutes lang kailangan to bring that down.

domain: SIKRETO.COM
created: 21-Nov-2005
last-changed: 03-Aug-2006
registration-expiration: 21-Nov-2006

nserver: ns1.kompyuter.com 66.197.156.23
nserver: ns2.kompyuter.com 66.197.156.24

i’m not saying/encouraging na gawin ito.. pero pwede/posibleng mangyari yan.. Imbes na they become rich.. sa kangkungan sila pulutin..

tututukan ko to and i hope you post updates pag meron..

I know its not my fight… and kung tutuusin wala akong pakealam..pero hindi naman siguro masamang tumulong at dumamay diba?

You know what’s interesting?

It’s fascinating to imagine what else he could have gotten away with (if he did)..

Specially on the fact that he wrote the *secrets* of getting rich.

What if it was something like this?

* Pretend I know how to get rich, check.

* Get bits of pieces of other’s works and name them mine, check.

* Get a free website design by ripping off someone, check.

When I get the time, I will personally go through this book and see for myself.

any updates? go gail we’re on your side!

I bumped onto this topic via Yuga’s blog, well all I can say is someone has to teach that guy a lesson.

Bakla ba yan? Sounds like one… Acts like one… sikreto ng mayaman make friends not enemies and “everybody happy”.

eeew i hope his book flops…

i’m with you Gail. i hope you could win this one. and as for al, there’s a thing called karma. no offense, but that’s the way how life goes.

Gail, have you also saved the web cache of his website? It will keep him from claiming innocence if he decides to suddenly remove your design.

have you considered arbitration? it might be better than both sides fighting it out in court.

gail kumusta ka na? si travs ito,remember?

anyway,we’ve been close before kahit thru online lang and i’ve always been taking sides sayo. this time around,i’m on your side again.

ang daming plastik talaga sa mundo…totoo nga talagang don’t judge the book by it cover.

ako kasi bago ako bumili ng book,chinecheck ko muna credibility ng author. would you buy a book that’s just written by kung sino-sino lang? of course no diba? kelangan may makita muna akong mga reviews from inquirer,manila bulletin,tv,etc.

marami pa ako gustong sabihin pero bahala na lang ang diyos sa kanya. sige ingat na lang and goodluck sayo gail

Gail,

Nakakahiya tayong mga Pilipino at dito mababasa ang mga kaguluhan ng ating isipan tungkol sa mga pandaraya na ating ginagawa sa kapwa Pilipino at ito’y nakikita sa labas nang Maynila at pati na sa buong mundo kagaya ko sa USA.

Para sa akin, surrender it to God and let the Lord Jesus Christ do whatever is supposed to be done to the real culprit. Look at Hebrew 10:10 for my side.

Kailangan ko ang mga magagaling na web designer sa atin. Pwede i-refer mo ang mga magagaling diyan?

To you Gail and to your opponent, Al Sembrano,
May the Lord bless and keep you; may the Lord keep you in the palm of his hand. Please revisit the Ten Commandments about our Manufacturer’s Owner
Manual for the solutions to all our problems in life and I am sure you will be amazed if not totally stunned, to discover that all the answers are in there, i. e. The Holy Bible.

I wish you divine peace, love, humility and self control from the Lord Jesus Christ. He said, “come to me those of you who are heavily laden, and I will give you rest.”

Praise God! Peace be with you my friend/s.

J.Robert

ew.. katakot.. pray .. it helps to give you wisdom too..