Pixelfish /yellowbook won't pay subcontractors!

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  • Started 6 months ago by matpez
  • Latest reply from andyaudio
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    1. matpez
      Member

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      Pixelfish, who hires subcontractors for yellowbook.com video shoots has owed me for 2 shoots
      I have done for them following all instructions and meeting all requirements.  They are now
      six months behind on paying me and do not care.  The last message, below mine I received
      from the CEO was April 15, 2009.  I beg of all of you to not accept jobs from them and
      spread the word quickly so that none of you get into this or a similar situation.
      Below is the last two correspondences I had with the company, beginning with mine.

      --------------------------------------------------------------------------------
      Sent April 10, 2009:

      John, although I appreciate a response from your company regarding the $400 you initially
      owed me, I do not find your answers acceptable.
      Let me explain.  The first job I ever shot for your company was November 6, 2008.  I did
      everything according to the directions sent to me.  I waited patiently for over a month
      without any communication.  Soon I saw the client's finished ad on their yellowbook page,
      here:
      http://www.yellowbook.com/profile/loan-finder_1821294083.html?addressId=1

      After waiting a bit longer, on January 22, 2009 I sent my first inquiry about payment. 
      Along with all the information about the client and shoot I wrote "Please advise why this
      has taken so long.  I have another shoot for your company tomorrow and I am not very
      confident that I will be paid for either job at this point.
      Thanks!"

      The response was:
      "I apologize for the delay in payment ~ but for some reason I do not have the invoice copy. 
      I have copied Lilly so she may provide a copy or if it is easier for you, please re-send it
      so I can get you in the system for payment.  I will contact you once I have received the
      invoice to provide a payment date.  Thank you for your patience
      Happy New Year!
      Claudia Thatcher
      Operations Manager"

      On January 28, 2009 I still had heard nothing so I resent the invoice and got this reply:
      "Thanks Matthew I will get it processed and let you know when I will be releasing payment to
      you. 
       Happy New Year!
      Claudia Thatcher
      Operations Manager"

      I patiently waited until February 25th, 2009 when I sent my first copy of the following
      message:

       "Hi Claudia.  I have still not been paid or even heard any updates from you concerning this
      shoot which was November 6, 2008, 4 months ago.  Again, the clip has been done almost 2
      months now and can be seen here:

      http://www.yellowbook.com/profile/loan-finder_1821294083.html?addressId=1

      Then, on good faith alone, I went out and did a second job for your company.  When Lilly
      asked me to step up and get it to you right away, I did.  Your company had my second shoot
      edited and on the advertisers page within a week.  I however have heard nothing.
      http://www.yellowbook.com/profile/cowan-wesley-cosmetic-and-family-dentistry_1820189360.html?addressId=1

      Your company owes me for 2 separate shoots.  It is unacceptable that 1 of them is over 4
      months past and I have heard nothing from you.
      Please let me know that I am actually going to get paid for these jobs.  The treatment and
      communication so far has been very poor.
      Looking forward to your reply."

      Nothing.  No response.  I resent the same message March 9, 2009 and got a response:

      "Matthew â??
      I am hoping to release payment today and am reviewing payables this morning.  I will provide
      an update before the end of today

      Thanks
      Claudia Thatcher
      Operations Manager"
      April 3, 2009 I sent the message a third time.  Then I received this reply:

      'Matthew â??
      I apologize for the delay~ our CEO will be contacting you regarding the payment status as my
      role has shifted and I will no longer be handling the payables.
      I will be sure to send him a message to contact you ASAP.
      Thank you for your patience.
      Claudia"

      On April 7, 2009 I still had no reply from anyone so I finally threatened to write about
      your company and it's horrible service and lack of payment and communication on a very
      popular message board with videographers.  Suddenly, I get a reply from you, the CEO.
      Now, on to your message I received 5 months after my first job for your company, and 3
      months after I first inquired about payment.

      You write "We have finally begun to recover from an unexpected number of customers and
      partners failing to pay for work we delivered.  Our new Accounting Manager, Cheryl Aken,
      starts next week and will be working diligently to get everyone paid as quickly as we
      receive payments from our customers and partners."
      This information should not have any effect on the work I have done for you.  Both shoots I
      did, the final videos are up on the yellowbook site.  I have to make the assumption you
      wouldn't release a final video to a client without payment in full.  If you would, I see the
      first major flaw in your business model.
      Assuming you must have been paid for specifically the jobs I shot for you, I see no reason
      as to why I have to worry about your other clients not paying you.
      Next, you write: "Regarding your account specifically, a payment of $200 is scheduled to be
      sent by the end of this month. If we receive funds enabling us to send payment sooner, we
      will notify you immediately."

      This is a problem.  This is 100% unacceptable, and as a CEO of a business, you know it.  If
      this situation were reversed, not only would your company be after me for payment, you would
      have tacked on late fees and interest.  I am going to attach a new invoice to this email
      with a $100 late payment fee attached to it.  That is a fair way to conduct business and you
      know you would have done the same, probably only after a month after the promised and
      contracted payment date.
      After some fluff about how Lilly thinks I'm great, you continue: "Again, I sincerely
      apologize for any negative impact the delay in payment has caused you.  We are committed to
      righting the situation as soon as possible and greatly appreciate your continued patience."
      If you are committed to "righting the situation as soon as possible" you would not be
      offering my half of what you owe me 5 months late,  " by the end of this month".
      The next message I receive from you, or anyone in your company needs to include that you
      have already sent my payment in full, without a post-dated check, within one week from right
      now, or I am posting this entire exchange on several videographer message boards. 
      You know that I am in the right in this situation and it is now up to you to correct it.
      I look forward to your reply.
      -------------------------------------------------
      Reply April 15, 2009:

      Matt,

      Thank you for your message.  I empathize with your frustration as we are in a similar spot
      with our own customers and I apologize for any unfulfilled â??promisesâ?? by our accounting team
      that you highlighted in your message.  We mistakenly made payment commitments based on our
      own customersâ?? promises to pay us for work completed.  I hope you understand that we never
      intentionally misled you but simply made commitments we should not have.
      I hope you also understand that if we were in the position to pay you in full, we would have
      already done so.  Whether a project you shot paid us or not has no bearing on our ability to
      pay you.  Iâ??m sure you are aware that businesses donâ??t keep separate cash accounts for every
      customer, but rather manage the incoming and outgoing payments as a whole.   As to your
      assumption that we receive payment before delivering video, that is usually the case.  But
      major partners like Yellowbook have negotiated different terms and currently are paying us
      about 40 days after the video is delivered (well after it is already â??liveâ??).  However, many
      other customers and partners have simply halted projects or failed to pay altogether which
      has unfortunately put us behind on payments to vendors. 
       I know none of this information helps you pay your own bills, but please understand we have
      been burned by customers promising to pay us but donâ??t, which leads us to break promises
      made to you and others.  It is my goal to have you paid in full by the end of April as Lilly
      has identified you as a high priority, but I am hesitant to make a firm commitment due to
      the desire to avoid the same issue of making a commitment we are unable to fulfill.  I
      appreciate your request for full payment immediately, but unfortunately I am unable to
      increase the amount we can pay you as we simply donâ??t have the funds to do so.
      You are of course free to post this exchange on any message board you like, but I hope you
      see that we are doing our best to fulfill our commitment to you.
       
      Regards,
      John McIntyre
      CEO

      Posted 6 months ago # Login to Send PM
    2. TheDVshow
      Member

      thedvshow

      From the payroll clerk direct to the CEO contacting you direct? hmmmm...

      I really dislike it when video pros are given the run around when it comes to getting paid.

      I know you're PO'd but complaining on a public forum is not going to change anything. It really makes all (yes I said all) parties involved look like idiots fighting in the supermarket isle over a can of beans.

      At this point, you really have no recourse but small claims court and that's not even worth bothering for at $400- you will likely spend more time and money trying to settle it out- costing more in the end. If it was $4000 sure, pull out all the stops and drive there with the police, hire a lawyer, get collections on their butt if you have to... but... it's $400....??!

      Be persistent and you may see your cash. Make no threats - just charge them interest, send them invoices by certified mail where they have to sign to receive proving they got it, keep a paper trail. THEN drop the big bomb when you have more firepower.

      Learn these lessons like I did ions ago:

      1. Consider the "check is in the mail" routine a red flag. If two months go by after your first shoot and you never get paid? Don't go on another shoot for that same client. NEVER. You would never ask a cobra to bite you twice so don't go back to that client- EVER.

      2. Ask for a retainer fee up front or 1/2 of the total project amount before you even shoot.

      3. Make it a rule to not schlep your time and gear out the door for anything less than $100/hr.

      $400 is chump change- gone in 10 minutes at a baseball game. Your time and skills are worth more than that!

       

      Brian

       

      Posted 6 months ago # Login to Send PM
    3. matpez
      Member

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      Thanks for the response.    I know that the big copy/paste doesn't make me look great either, but it was better than just me claiming they don't pay without offering up any facts.  I also unserstand the $400 isn't much for anything, but that isn't the point anymore, espiscially 6 months after I was owed anything, now the point is to warn others to not even attempt to work with them fearing the same for all of you. 

      Posted 6 months ago # Login to Send PM
    4. aaron26
      Member

      aaron26

      "<span style="font-size: 13px; line-height: 20px;">I know you're PO'd but complaining on a public forum is not going to change anything. It really makes all (yes I said all) parties involved look like idiots fighting in the supermarket isle over a can of beans."</span>

       

      <span style="font-size: 13px; line-height: 20px;">I personally can't disagree more.  Respectfully of course.  What did his post change?  It changed my actions from now on when I see their job postings on craigslist.  I know to avoid this non-paying company, and others, through other people who have been burned in the past.</span>

      <span style="font-size: small;"><span style="font-size: 13px; line-height: 20px;">And it's not like he didn't give them a more than reasonable chance to fix everything.</span></span>

      Posted 6 months ago # Login to Send PM
    5. Hi Matpez! You are not alone. All those letters that you received were the same letters all the shooters received. The stall tactics of "gee we don't seem to have your invoice could you resend it" actually cracks me up. An the Lily Swardstrom really likes your work etc rings bells. I hope you eventually get paid but I have a feeling you will have to file a small claims action against them.

       

      Posted 5 months ago # Login to Send PM
    6. zoobie
      Member

      zoobie

      Sounds like Pixelfish is cleaning up...but not in a good way. With the above post, they're probably betting half don't bother filing a small claims against them...

      Want to make a small fortune in video production? It's simple...Start with a large fortune.

      Another world's first - http://www.BuskerAlley.com - Busker HD on the web!
      Posted 5 months ago # Login to Send PM
    7. SteveMann
      Member

      stevemann

      1) You can't add late fees post-facto.  It has to be in your contract at the beginning.

      2) You probably still own the copyright for the product.  Yes, this was a work for hire, but the employer has not completed the deal as agreed, so you may try sending the ISP a DMCA take-down letter.

      Posted 5 months ago # Login to Send PM
    8. VideoChick
      Administrator

      videochick

      I apoligize for the typos. I added more info to this post about Says Me:

      Hey, Matpez and the rest of you who replied. I've had similar problems with getting paid for work rendered, video producers sure do get the shaft a lot, and we've learned some valuable lessons through them. So when I read this, I wanted to check them out.

      I've been looking in our Videomaker archives to see if we've done any work with this Pixelfish company, and have come up with nil, so far. We try to keep our advertising integrity high, so if we had a problem with them or heard of one, we would not allow them to associate with Videomaker. However, Videomaker is teaming up with a company that does similar business called Says Me TV.

      <span class="492414916-10062009"><span style="font-family: Arial; font-size: x-small;">One of the differences with SaysMe.TV is that the video producer makes his own
      deals with the clients for whom he produces video ads.  He can charge whatever
      he wants and he gets paid directly by his clients... no middle man on the
      production end of the deal, as Pixelfish appears to be.  When the client books
      commercials on cable TV, the video producer is only then paid the
      residuals/commissions by SaysMe.TV.</span></span>

      You can find them on our Home Page, if you're looking for this type of work, please check them out. They only hire 3 contractors per area. Check them out, take a chance, and please let us know your result;, good, bad or ugly.

      http://videomaker.saysme.tv/ DIRECT LINK

      http://www.videomaker.com/ SEE BOTTOM OF THIS HOME PAGE

      Thank you,

      Jennifer O'Rourke, Videomaker Managing Editor

      Posted 5 months ago # Login to Send PM
    9. matpez
      Member

      User has not uploaded an avatar

      Update- June 2009. After I went through with my forum posting threat, I informed the CEO I had done so. Soon after I was sent another email about how they just so happened to get a bonus unexpected payment and would send me a check. They did. This was over 6 months late, so I still caution anyone from taking work from this company.</span>

      Posted 5 months ago # Login to Send PM
    10. aaron26
      Member

      aaron26

      Thanks for the update!

      Posted 5 months ago # Login to Send PM
    11. starcityfame
      Member

      starcityfame

      Hi, I'm new here. I have been reading Videomaker online for a few months.

      Just the other day, I also came across a Superpages contract opportunity at $150/ 1 hour shoot with mileage paid for over a certain amount and DV tape reimbursement. I had become suspicious in two days, and now seeing this forum post, decided to add my two cents...

      First, the original ad was in craigslist. This should have sent red flags... I was however contacted by what seems a legitmate media company in Texas. They've been contract by Idearc/Superpages. After sending in formal paperwork, which is why I checked them out at first (because I had to sign a W9), they sent me 2 accounts to schedule.

      I called both "customers" several and they seem to be eluding me. One has a message taken by a staff member and the other just an answering machine. You would think a contracted client would return the call or take the call, in either respect, to make the shoot appointment.

      Here, I become suspicious even more... Am I supposed to be the closer?? Why aren't these clients already scheduled?? Well, I would think they are not exactly "sold" on the video ad and are not obligated to go through with it...

      The customer invoice is emailed to me with the moneys filled in, perhaps to make me (the subcontractor) drool to keep trying. I'm beginning to feel I should quit persuing this, now that I've read matpez' post. I don't want to get stuck with doing shoots if and when I finally get these "clients" scheduled. Now that would make me all the furious since I am already suspicious about the whole thing.

      It just seemed way too easy to get this "job" and you know what they say... if it's too good to be true, then it is.

      Any others out there with similar experiences, thinking they are working with high-profile vendors, but are being set up for a rip-off?

      Thanks,

      Ron

      Posted 4 months ago # Login to Send PM
    12. KenzoFKC
      Member

      kenzofkc

      Imagine my surprise to see this forum topic here. Directly relating to difficulties I've been having with Pixel Fish since I first started shooting for them in August of 2008.  The original contract stated I would be payed in 30 days. They amended that to 60 days. Well, anyway, I finally got paid for all the shoots I did in 2008.  LAST WEEK!!!  Pixel Fish currenlty owes me an amount I will not disclose, for gigs dating from early January. 10 invoices over 120 days old. Another 8 or so over 90 days old.

      I've dealt with all the things you've detailed here, and I finally decided to stop shooting for them. I thought I had made myself clear, but my contact scheduled me another gig this week. (I know none of this is her fault, and she's always been super cool with me)  I told her I wouldn't be available for any more shoots until all outstanding invoices were paid in full.  6 months behind is ridiculous.  It leads me to theorize; If the shoots we're doing now are generating the revenue to pay us for the shoots we did 6 months ago, this company will not be viable for long.  Especially in this economic climate.  If they go under, I'm out a few grand, and SOL.

      I truly enjoy shooting for Pixel Fish, but I can't work for free.

      My favorite piece I've shot for them - http://www.cobalt.com/acceptable/

      I lit and shot the whole thing, I'm fairly proud of it. One of my favorite things I've ever shot.  Oh, I shot that in October.  I got paid for it in February.

      Posted 4 months ago # Login to Send PM
    13. The shooter
      Member

      the shooter

      ok...

      Posted 4 months ago # Login to Send PM
    14. visualbeam
      Member

      User has not uploaded an avatar

      Don’t ever work for Pixelfish, Inc. I wish I had stumbled across this blog before I started to work for them. It looks like I am not the only one who has experienced the unprofessionalism of Pixelfish, Inc.

      Posted 2 months ago # Login to Send PM
    15. andyaudio
      Member

      andyaudio

      PixelFish, yup! Here's what I submitted to the California BBB today:

      "PixelFish, Inc. contracted my company, Viewpoint Productions, Inc. to do videography in Denver, Colorado on several dates in January and February of 2009.  I had also done videography for Pixel Fish several times in 2008. Their payment schedule of my invoices for these services was typically slow, from 90-120 days. However, to date they have declined to pay me for two outstanding invoices, totaling $1500, citing 'financial hardship.'

      PixelFish, Inc. has been deceitful in their employment practices with other videographers as well.  Please note the complaint submitted to Videomaker.com, an online blog for videographers at

      http://videomaker.com/community/forums/topic/pixelfish-yellowbook-wont-pay-subcontractors

      I hired a collection service, Shushok & McCoy Inc., in June 2009.  After many attempts to persuade PixelFish to pay me, Shushok gave up, telling me they had never dealt with a company as dishonest as PixelFish. I would like Pixelfish, Inc, to make good on their contracts with me and pay me for my services rendered."

      I realize that living outside of Calfiornia makesit impossible for me to sue them in small claims. I hope someday someone in Los Angeles brings these crooks into court.�  Thanks for listening and spread the word!

      Posted 1 month ago # Login to Send PM

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