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Read the rest of Vodafone UK Samsung Genio Slide Availability Confirmed [Samsung Genio Slide (CorbyPro B5310) Given Free on Contract With Vodafone UK]

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The Nexus One phone from Google Inc. is shown at a demo in Mountain View, Calif.

Google’s Nexus One smartphone has been well received, but complaints about the search giant’s lack of retailing savvy are starting to pile up.

The latest that has bloggers clamoring: double termination fees levied by both Google and T-Mobile that can add up to a whopping $550 for customers who cancel their contract.

Even for the wireless business, that’s a large number (not to mention, more than it costs to buy an unlocked Nexus One). T-Mobile charges Nexus One customers $200 for canceling at any time in the first eighteen months of their 2-year contract.

The rub is that on top of T-Mobile’s fees, Google charges its own $350 “Equipment Recovery Fee” for Nexus One buyers who cancel their contracts in the first 120 days. That means anyone who buys the phone online with a T-Mobile contract and wants to get out within 3 months are going to have to fork over a hefty total of $550 (excepting a 14 day risk-free trial period).

In comparison, Verizon Wireless levies a prorated $350 fee- the highest in the industry- for canceling on its contracts.

A Google spokeswoman said in a statement that the Equipment Rental Fee is a way for the company to recoup the subsidy it gives to contract customers. “This is standard practice for third-party resellers of T-Mobile and other operators,” she said. A T-Mobile spokesman said that the carrier’s early termination fee is standard for its customers on contract.

This latest criticism comes on the heels of other bad news that has cropped up since the Nexus One went on sale exactly a week ago. Some customers have complained that the phone doesn’t stay connected to T-Mobile’s 3G data network and reverts instead to an older network that can make surfing the Web or watching videos on the phone excruciatingly slow.

Another target has been customer service. Google, which handles all the questions on the phone, only offers e-mail support and can take several days to respond. In response yesterday, Google said that HTC Corp.- the makers of the phone- will start providing telephone support.

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A UK job site for contractors from accountancy to trade jobs – receiving the latest and highest paid contract jobs from the major job sites.

http://www.contractjob.net

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Tesco, a company that seems intent on world domination, have confirmed that their mobile phone division, Tecso Mobile, are to offer both the iPhone 3G and the iPhone 3GS on contract and Pay as You Go before Christmas.
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Read the rest of Tesco Mobile iPhone 3G & iPhone 3GS Release Confirmed [Tesco to Offer iPhone On Contract & PAYG in Joint Venture with O2]

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The Samsung Omnia II has just become official. Just like we told you a few days ago, the phone has been properly announced by Verizon Wireless. The Omnia II will be available in stores starting with December 2 for $199.99 after a $100 mail-in rebate and with a new two-year contract.
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Read the rest of Verizon Samsung Omnia II Release Date & Pricing Confirmed [Samsung Omnia II Available on Verizon December 2 for $199.99 on Contract]

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Just yesterday we’ve shown you the Pantech Impact, a phone ready to meet your messaging needs which will be available in AT&T stores for $99.99 with a new contract. Today we have a similar phone to show you. The Sanyo Incognito SCP-6760 has been officially announced by Sprint and it also happens to a phone dedicated to hardcore texters.
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Read the rest of Sanyo Incognito Phone Now Available from Sprint for $49.99 on Contract [Sanyo Incognito SCP-6760 Messenger Phone Gets Official] (276 words)

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AT&T has a brand new phone for us and this time it’s coming from Pantech. The Impact will be available starting this Sunday, November 22, and it will cost $99.99 after a $50 mail-in rebate when purchased with a new 2-year contract.
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See: Pantech Impact Gets Official [AT&T to sell Pantech Impact for $99.99 on Contract]

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Want to bail out of your Verizon service for a shiny new iPhone, or head to another carrier before your contract ends? There’s an early termination fee for that. And starting next week, that fee is going to double if you’ve bought a smartphone or other mobile the carrier considers an “advanced device” high-end enough to warrant a steep $350 penalty for ditching.

Currently the ETF starts at $175 and is pro-rated by $5 each month you’re in your contract. If you pick up a BlackBerry or Android phone (like the new Droid) after November 15, though, you’ll be in for a $350 starting fee that drops by $10 a month. That means even if you cancel your contract in the very last month of service you’d owe Verizon a $110 chunk of change.

To explain how we could possibly have even gotten here requires a bit of backstory. When you buy a phone on a carrier in the U.S. (and in many other countries around the world), you typically get a discounted price on the phone in exchange for signing a 1- or 2-year service contract with that carrier. The cell companies are willing to subsidize the actual street cost of a phone because of the guarantee that they’ll make it back as well as a tidy profit off of your cell service over the life of the contract.

Thus the argument goes that because smartphones are even more expensive in actual cost value than that basic, no-frills flip phone you can get cheap or even free, the carrier needs more “insurance” should you decide to duck out early. However, consumers and even some legislators are none too happy with the news, including a Minnesota Senator who seeks to block the deal. Others like David Pogue in his NYTimes editorial tie Verizon’s announcement to other shady revenue tactics and the carrier’s overall reputation of aggressive pricing and steep additional fees.

What do you think: is Verizon over-reaching its bounds? Do we already pay enough in extra data costs for these “advanced devices” to offset the subsidy, or is the company justified in trying to cover its costs?

Tags: ETF, Mobile 2.0, smartphones, verizon

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We’ve covered the highly desirable HTC HD2 smartphone rather extensively here on TFTS (you can access all our HTC HD2 related posts here) and now, if you’re UK based and you are yet to get your hands on the HTC HD2 (but are aching to) we have great news as Vodafone are now offering the HTC HD2 smartphone for a big fat zero if you sign up to a 24 month contract.
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See: Free HTC HD2 Now Available From Vodaphone [HTC HD2 Free on 24 Month Contract in UK, Up For Grabs as of Now]

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Stop and Take a Breath

Our brains and emotions are very powerful. If you think a project is starting to fail, take a breather and get your thoughts in order. You want to think logically and sometimes that’s hard to do when you are pouring your creative juices into a project.

Revisit the Contract

Inspect your own work – are you doing what you agreed to do when you agreed to do it? Is the client? I’ve been involved in projects where my client and I both forgot to go back to the contract and determine what we agreed to do during the project. Once you get started on a project this is easy to do. Review your contracts weekly to make sure everyone is holding up his/her end of the deal.

Review Your Discussion and Meeting Notes

After reviewing the contract, take a look at your notes to figure out if you or your client agreed to any changes or are waiting on any new information. If you agreed to do something extra or make changes and did not issue a Change Order, then it’s on you to follow through with your commitment.

Keep Your Notes in Electronic Format

It is much easier to search your notes when they are in electronic format. Also, reviewing your notes regularly allows you to come up with a Change Order or second project after the first one is complete. It’s almost impossible to have a project go from start to finish without some form of “It would be great if you could…”

Set-up a Face to Face Meeting with Your Client

Face to face is the best since you can read body language. If this isn’t possible, a phone call (with web cam) is a must. Don’t e-mail about anything like this. It’s too sensitive.

When you are with your client, let him/her know how you feel about the project. At this point, it’s best to avoid statements such as “I’ve done everything agreed to” and “…according to the contract…” Pretend you are a child and explain it in very simple terms. Something like, “John (client), this project got off to a great start. I’m getting the sense that everything may not be OK. Do you have the same sense?”  Then pause for an answer. “What can we do to make sure this deal remains a good deal for both of us?”

Hopefully, the meeting goes well and you are able to correct the direction of the project. If the client does not see things the way you do, you have a few options. You can say, “Let’s review the project notes and our agreement (much better than “the contract”) together.”  This meeting follows the same format as the first one, but now you are working with the agreement in front of you. You or your client may realize there is something wrong and can work together to correct it.

Withdrawal from the Project

You could also withdraw from the project. If you and the client cannot come to an agreement about the project and the risk is too high to continue, then you should withdraw. This is a very tough call to make. I’ve only done it twice and it’s not fun because it’ll throw your client’s schedule off and potentially have consequences for you.

Before withdrawing, revisit your contract and make sure you are delivering according to schedule, you know you’ve delivered any deliverable items and can prove it, and there’s no way of moving forward.

Then, get ready for a conversation that could be emotional for both parties. Keep focused on what you need while maintaining an open mind. You may find out that the client agrees with you or needs something different and didn’t know how to ask. You could even save the project at this meeting.

If it does end, write a handwritten Thank You card and mail it in the next day or so. It’ll make a difference.

In Conclusion

As much as I’d like to say, “It’s just business”, we all know it’s never just business. All clients have personal and professional risk when working with you. Always be open and honest about what you need and want and give your clients time to express their needs and wants, too.

The world we work in may seem large and daunting at times, but you know how small it can be. People will talk about how good/bad their experience with you was. A few negative projects or references are enough to end a company.

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Up until now Verizon’s cancellation fee was only $175 meaning that you could’ve signed a new contract for an expensive smartphone, break your contract and put it up for sale on eBay (for example) getting you a little profit along the way. But Big Red has gotten smarter and doubled their early termination fee, charging $350 to those who break their contracts signed after November 15th — or at least that’s what  leaked document says.

(more…)

See: Verizon Early Termination Fee Doubles on “Advanced Devices” [Verizon ETF to Charge $350 for Those Who Break Their Contracts]

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Rogers Wireless announced that starting today they’ve begun selling the new BlackBerry Bold 9700 online, meaning that Canadians with some cash on hand and a thing for BlackBerry smartphones should be able to get one for $200 if they sign a 3-year contract, or for $600 without any strings attached.

(more…)

See: Rogers Begins Selling the BlackBerry Bold 9700 Online [Bold 9700 Sold in Canada, Costs $300 for 3YR Contract & $600 With No Contract]

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Freelance Contracts: Do’s And Don’ts (via @smashingmag) -

In the world of freelancing, the entrepreneur has to take on a number of tasks for themselves that would normally be handled by a separate department at a bigger company. Most of these tasks are not part of the creative processes that freelance workers are used to, but rather are more tedious, left-brain paperwork. Right-brain creatives often shudder at the thought of these forays into linear domains. Such detail-ridden tasks would strain any freelancer who wears multiple hats, but they must be completed.

One such task is contracts. Drafting a contract that covers you, and doesn’t just enumerate information, is more than important: it is a must. Freelancers do not have the benefit of a legal department dedicated to protecting their interests with a watertight contract. Nevertheless, a freelancer’s contract must be comprehensive, concise and clear. It should outline the scope of the job, scheduling demands, the expectations of both parties and more.

In this post, we’ll help you identify the information that should be included in your contract and make sure you have a concrete agreement that leaves little chance of things getting out of hand… as can sometimes happen to those of us in the freelancing crowd.

These do’s and don’ts will hopefully remove a lot of the headache and guesswork that comes with drafting a contract. By understanding the rationale behind various contractual elements, you will be able to better customize your contracts to fit the specific job you have been hired for.

The Basics

Include the basic information, obviously. The “who” and the “what” of the project. Who is contracting you to do what kind of work? This is standard stuff included in every contract that defines the job as a whole. While this information is probably well known by both parties, put it in the contract anyway so that everyone is on the same page about their roles and responsibilities. Because it is such basic information, freelancers often overlook how important this section is for establishing the framework of the project.

Do’s and Don’ts

K.I.S.S. Keep It Simple, Simon (your name may not be Simon, but it is nicer than the traditional “S” in the phrase.) Do be sure to clarify your role in the project from start to finish and exactly what it entails, so that the client doesn’t try to put a hat on your head that you do not want to wear (for example, trying to make you switch from designing to providing tech support once the project has launched).

You know who you are and what your strengths are; don’t leave room for the client to change your role in the project for their convenience. Be specific about what roles you are and are not willing to play.

Time Frame

This simply establishes the time that the project will take and the duration that the contract covers. Sometimes a freelancer has to leave time open after a project’s completion to help integrate the product into the client’s existing media stream. But not always. Determining that time frame at the beginning and formalizing it in the terms and conditions of the contract will ensure you are not taken advantage of.

Do’s and Don’ts

Many people do not like deadlines, and some freelancers are no different. Whether you love or hate them, including deadlines in your contracts is important. Don’t overlook this detail simply because of the pressure it may bring. Give yourself enough time to properly complete your tasks, while keeping the client’s timetable in mind.

Being vague about how much time the contract covers will give your client room to find things for you to improve after the project has launched. Also, do be sure to include time frames on when the client needs to respond to your submissions with their questions and concerns, so that you are not endlessly strung along waiting to hear back on how to proceed.

Delivery Details

Putting this in the contract further clarifies expectations at the outset. The client knows up front what the final product will be and how you will be delivering it to them. This frees you from having to guess later on things like what file types they can access, and it gives the client peace of mind knowing that you are both on the same page.

It also gives you an indication of the depth of the client’s knowledge in this area of work and how well they will be able to work with the product once you hand it over. And being able to anticipate the client’s need for assistance in accessing and integrating your product will help you formulate other parts of the contract.

Do’s and Don’ts

Once again, keep it simple. Once you’ve assessed the client’s needs, don’t send them more files or file types than are needed to satisfy the project’s requirements. Don’t try to impress them with a ZIP file full of extras that show how professional you are. This will overwhelm clients who are not design-savvy and encourages needless pestering. Keeping it simple will move your client happily along their way, not only giving you peace of mind from a job well done but freeing you from future distractions as you move on to your next client.

The Financials

For most design work, billing by the job, rather than by the hour, is easier for everyone. You may have already come to an agreement on financial matters, but include them in the contract anyway for good measure. Just because you have an understanding about payment, the client could always conveniently “forget” the amount or change the terms.

Do’s and Don’ts

Agree on an initial deposit (whatever seems fair) before doing any work, to protect both parties if either wants to back out. Make sure the client understands that this deposit protects them as well by committing you to the project and keeping you from being sidetracked by other clients. Also include a Cancellation Clause in the financial section of the contract. This isn’t Santa’s less famous brother; it actually protects you, the freelancer, in case your client backs out by stating the financial obligations of both parties should the project terminate before completion.

Revisions And Alterations

You can also protect yourself by including a clause that states how many alterations and revisions to the product are covered by the fee. You can set the pricing for changes requested by the client that go beyond the number specified in the contract, thus preventing the client from abusing their privilege.

Be clear that this is not a commentary on either party; by including this, you are not implying that the client will be hard to please or that you will need multiple attempts to get it right. It simply recognizes that we sometimes need time to fully process something before making a decision and that we should have the freedom to change our minds about whether an idea works or not once we actually see it in action.

Do’s and Don’ts

Remember that professionalism should win out at all times, so don’t let this part of the contract be any different. Yes, it can be aggravating how some clients come back to you over and over with requests as a result of every whim that moves them, but do be reasonable. Don’t punish all of your clients because of one that burned you in the past. And don’t let pride keep you from accommodating a modest amount of revision by the client, even if they don’t suit your taste. After all, the design may be yours, but they are paying you to create it for them.

The Fine Print And Bottom Line

In the end, make sure the contract is professional and clear throughout, and be as detailed as possible in defining the roles of both parties in the project.

Further Resources

Here are some further articles and related resources:

• Terms and Conditions for Design Contracts
  An extremely helpful post by Shel Perkins that seeks to inform designers about the terminology and general conditions of contracts.
• Web Design Contracts – The How and Why’s of Contracts
  This is another post full of great information that talks about the reasons why designers need to use contracts.
• What goes into a good web design contract?
  It is a question that every designer should ask themselves at one time or another, and this fabulously informative post from Idea15 answers that question.
• Using freelance graphic design contracts
  An article by David Airey dealing with the whys and hows of using freelance design contracts.
• Business of Design Online Forms
  The Business of Design Online offers a number of useful forms free for download and use.
• Freelance Contracts
  A great contract template which makes it easy for freelancers to fill in their own information.
• Logo Design Contract of Agreement
  This is an actual contract drawn up by Logo Designer, Joni Solis, and is a good example to look at when you start drawing up a contract of your own.
• Work for Hire Agreement
  A form necessary to ensure copyright transfer and protect your creative firm when you outsource work to other freelancers. Guaranteeing that you will retain all rights to the work.
• Freelance Design Contracts & Templates
  A fantastic resource full of free downloadable design contracts and alterable templates for easy customization.
• AIGA Standard Form of Agreement for Design Services
  This agreement allows you to create customized terms and conditions for different types of design engagements.

About the Author

Rob Bowen is a talented author and graphic designer, celebrated podcaster and poet, who is now the co-editor and imaginative co-contributor of Fuel Your Creativity. With a background in most areas of the arts, Rob works from a creative wellspring that shows no sign of running dry.

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© Robert Bowen for Smashing Magazine, 2009. |
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