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Author Topic: PP Sales Anxiety  (Read 55516 times)

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ShadySue

« Reply #400 on: July 15, 2013, 14:50 »
+1
Getty Images contributor hotline: 206-925-6577.

Nobody answers the phone, but you can leave a voicemail.

This post will self-destruct in 15 minutes.

Hahaha. iStock have forbidden contributors from phoning their support number. According to Lobo, even if they are also a buyer, asking with their buying hat, but I'd never be able to find that post. He said never, ever, but Brenda, who is either on an extended vacation or has changed jobs, said we can phone them if we have a serious and genuine suspicion of fraudulent activity on our ports.

Would failure to post sales to our accounts so we could request payment count as fraudulent activity?
Breach of contract, more likely.


« Reply #401 on: July 15, 2013, 15:01 »
+15
Reading this thread the quote "Professionals deal with professionals" constantly pops into my mind. Wonder why... .

Noedelhap

  • www.colincramm.com

« Reply #402 on: July 15, 2013, 15:38 »
0
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?

Shelma1

« Reply #403 on: July 15, 2013, 15:40 »
+1
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?

Of course. They have to pay us the money they owe us.

ShadySue

« Reply #404 on: July 15, 2013, 15:42 »
+1
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?
1. As soon as they have breached their contract.
2. No doubt, yes; though international law is expensive. If you lived in Canada, there may be an equivalent of our Small Claims Court, but they may manage to pay the PP before the case was heard, then you'd be dollars out.

Shelma1

« Reply #405 on: July 15, 2013, 15:53 »
+2
But they're owned by Getty...a U.S. corporation. Wouldn't a class-action suit in the U.S. be doable?

WarrenPrice

« Reply #406 on: July 15, 2013, 15:58 »
+1
Today is 15th; about the time JUNE PP sales report should start.
I'm checking daily for results from StockXpert.  Should happen this week ... for sure.
Wonder how a defunct business manages to produce the kind of results "the first in the business" fails to emulate?

iStock needs to be banned from their own forum.   >:(

ShadySue

« Reply #407 on: July 15, 2013, 16:24 »
+3
But they're owned by Getty...a U.S. corporation. Wouldn't a class-action suit in the U.S. be doable?
We signed that our contract is governed under Alberta/Canadian law.
ASA 15a:
The Site is controlled, operated and administered by iStockphoto from within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, you acknowledge and agree that this Agreement will be governed under the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada with respect to the subject matter of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

In any case, (1) we don't all live in the US.
In any case (2) How long would it take for a class action suit to be heard, and how much would it cost? No doubt they would manage to pony up the day before the court case, even if they hadn't done it before.

Shelma1

« Reply #408 on: July 15, 2013, 16:37 »
+1
A quick Google search tells me that class actions are paid for out of the proceeds of the settlement (like personal injury lawsuits) and are indeed possible in Canada. Beyond that--for example, whether people outside Canada could join the suit-- probably would need an attorney to answer.

ShadySue

« Reply #409 on: July 15, 2013, 16:40 »
0
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?

Of course. They have to pay us the money they owe us.

They seem to have wriggled out of a time scale in the ASA, so maybe this delay is not breach of contract.
ASA 5b
"In response to a written request, iStockphoto will endeavor to make payment of royalties in respect of purchased downloads of Accepted Exclusive Content on a monthly basis on or about the 15th day of the month following the purchase of Accepted Exclusive Content, except when sales reporting from a Distribution Partner is delayed, in which case payments will be made in the month following the date such sale is reported, provided such royalties aggregate a minimum of US$100, failing which royalties owing will be retained until they exceed such minimum."
H*ll, even with regular iS payments, they only have to 'endeavor' to make payment, and I guess it's difficult to prove in law that they weren't 'endeavoring'.
Honestly, this contract is so one-sided if it Scottish, it would probably be considered an 'unfair contract' therefore null; though what good that would do is moot, other than exclusives would not be bound to their 30-day notice period. Everything on their side is grey and fuzzy, everything on our side is cast in stone and in miniscule detail; but at the same time, the whole ASA is deliberately obfuscatory, so that they can always choose an interpretation to suit themselves.
« Last Edit: July 15, 2013, 16:45 by ShadySue »

« Reply #410 on: July 15, 2013, 16:42 »
+1
This is so far beyond incompetence that they'd have to call a cab to get back to incompetence.  This is not an IT problem but a corporate "feck" up.  Out of curiosity (I'm eons away from another payout things being as they are there), are the normal payouts still happening?

Shelma1

« Reply #411 on: July 15, 2013, 16:47 »
+1
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?

Of course. They have to pay us the money they owe us.

They seem to have wriggled out of a time scale in the ASA, so maybe this delay is not breach of contract.
ASA 5b
"In response to a written request, iStockphoto will endeavor to make payment of royalties in respect of purchased downloads of Accepted Exclusive Content on a monthly basis on or about the 15th day of the month following the purchase of Accepted Exclusive Content, except when sales reporting from a Distribution Partner is delayed, in which case payments will be made in the month following the date such sale is reported, provided such royalties aggregate a minimum of US$100, failing which royalties owing will be retained until they exceed such minimum."

The sales reporting was not delayed. Remember, lobo said last week that they'd be pushing through the royalties for both May and June. That means they already have the reporting for both months.

ShadySue

« Reply #412 on: July 15, 2013, 16:52 »
0
This is so far beyond incompetence that they'd have to call a cab to get back to incompetence.  This is not an IT problem but a corporate "feck" up.  Out of curiosity (I'm eons away from another payout things being as they are there), are the normal payouts still happening?
Yes, the one I requested on Friday went into my paypal today.

ShadySue

« Reply #413 on: July 15, 2013, 16:54 »
+4
The sales reporting was not delayed. Remember, lobo said last week that they'd be pushing through the royalties for both May and June. That means they already have the reporting for both months.
Lobo says lots of things that don't come to pass - even when he capitalises them in bold.

ShadySue

« Reply #414 on: July 15, 2013, 17:03 »
0
Exactly how much right do they have to withhold our money for so long? When can we consider it a breach of contract and is there anything we can do about it in terms of legal action?

Of course. They have to pay us the money they owe us.

They seem to have wriggled out of a time scale in the ASA, so maybe this delay is not breach of contract.
ASA 5b
"In response to a written request, iStockphoto will endeavor to make payment of royalties in respect of purchased downloads of Accepted Exclusive Content on a monthly basis on or about the 15th day of the month following the purchase of Accepted Exclusive Content, except when sales reporting from a Distribution Partner is delayed, in which case payments will be made in the month following the date such sale is reported, provided such royalties aggregate a minimum of US$100, failing which royalties owing will be retained until they exceed such minimum."

The sales reporting was not delayed. Remember, lobo said last week that they'd be pushing through the royalties for both May and June. That means they already have the reporting for both months.
Still, they only have to endeavor to pay, they don't have to actually pay.

« Reply #415 on: July 15, 2013, 17:18 »
0
To all you native English speakers: Is there a difference between incompetence and malpractice? In my book, incompetence is at least showing effort to solve things, but not succeeding, and malpractice is the failure to even try. And I'm seriously beginning to wonder if iStock is even trying to patch things up.

It feels like witnessing a house of cards collapse - a major avalanche of negatives, with only one direction in common. Down. I'm ready to wait out this storm until the new RC targets are enforced upon us. By the current stats and recent tack record, quitting istock entirely will not be such great a loss as it was 12 months ago, or during the Google deal issue.

« Reply #416 on: July 15, 2013, 17:32 »
0
Reading this thread the quote "Professionals deal with professionals" constantly pops into my mind. Wonder why... .

Yeah.  That's a classic, right along the lines of "money is not what makes you happy." 

« Reply #417 on: July 15, 2013, 17:33 »
0
I stopped uploading about a 2 weeks ago.

I'm a supplier. IS calls it a contributor. When a customer doesn''t pay in time it is common business to stop the supply after a warning.

My warning is that I don''t upload any new material for the moment till I get paid.

If they refuse to pay on the long run, I''ll file them

« Reply #418 on: July 15, 2013, 17:39 »
0
Most certainly some of us are working as a photog for a newspaper or a newsagency. If so, would it be possible to call some journalist and let him write an article in the finance part of the newspaper about the mess at iStock/Getty or their ability to pay their suppliers? Those things will be picked up by news stations like Turner or other newspapers.

Will put a bit of pressure on the iS board

fritz

  • I love Tom and Jerry music

« Reply #419 on: July 15, 2013, 17:54 »
+4
Bloody bankers from Getty control all the big players. I think it's worthless. All I can say is: burn in hell Getty burn in hell.

« Reply #420 on: July 15, 2013, 18:10 »
0
is that an assumption or do you know. Getty is just a supplier for them and not a customer. A journalist will ask them for an answer. After that has taken place, the journalist will make up his mind and finalize the article. Little effort I think to do if you have the connections (which I don't  :'())

« Reply #421 on: July 15, 2013, 18:13 »
+1
To all you native English speakers: Is there a difference between incompetence and malpractice? ...

There is. Not all incompetence rises to the level of malpractice :) Generally there has to be some standard of accepted practice that someone failed to live up to to call it malpractice. Sometimes incompetent people get lucky and do no harm in spite of their woeful lack of skills. Sometimes very skilled and competent people make horrible decisions and commit malpractice.


« Reply #422 on: July 15, 2013, 18:16 »
0
I'm anxious. I need that money. I have 3000 photos so I can pay some bills with my PP sales. Low royalties, no PP  ... I have no regret that I've quit exclusivity this spring. I don't trust them anymore. I'm angry. Won't upload there till I get my cash.

Noedelhap

  • www.colincramm.com

« Reply #423 on: July 15, 2013, 21:38 »
+19
I have 'officially' filed a complaint against Lobo's abuse of power and against the ridiculous delay in PP payment. So tomorrow Lobo will lose his job, we will get our PP payment plus interest, iStock will file for bankruptcy as a result and the microstock world will live happily ever after.

« Reply #424 on: July 15, 2013, 23:53 »
+2
I have 'officially' filed a complaint against Lobo's abuse of power and against the ridiculous delay in PP payment. So tomorrow Lobo will lose his job, we will get our PP payment plus interest, iStock will file for bankruptcy as a result and the microstock world will live happily ever after.

Thanks, I only wish you could have done this sooner.


 

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