ComplaintsforM4 Media

• Initial Complaint

  06/05/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  M4 media was supposed to provide a jumbtron 10x17 screen with entertainment for $2900 for June 3 2023 - a kiss cam photographer and two generators. They asked us to provide videos from the vendors which we did and shared the ****** drive with them. On May 31, they said they the quality of what the vendors provided is unusable. I contacted a photographer and introduced them to ********, hoping they can use some pictures the day of. Still they couldnt make it happen due to technical issues because of the outdoors which he knew all along we dont have wifi. So I asked while I was with the photographer on a three way call: since you cant use the videos we collected, the only thing the jumbotron would do is the kiss cam... I asked: what if only two people did the kiss cam and we are paying $2900 just for this? The photographer was with ** on the phone when ******** said: we can cancel with no hard feeling but let me check with the truck company they rent to haul the trailer: If he can cancel or how much it would be.He never called to see if he can cancel on Wed afternoon May 31 knowing he couldn't deliver the streaming or entertainment we talked about in our original conversation. He signed a contract that we did not execute because his scope of work was changing and was unable to do a lot of things we thought he could do. He's keeping our deposit that we gave in good faith without telling us what his cost is. This money was supposed to be used for June 3rd expenses which he did not come to. Not sure why he's keeping the money if he didnt do the work. His scope of work kept on changing and the terms kept on changing because he couldn't do the things we want to do with the jumbotron.

  Business response

  06/07/2023

  Hi ****** (** Vibes),

  
  Thank you for coming to us with your concern. Id like to take this opportunity to discuss each point that you have mentioned.

  
  Per our contract (please refer to your attached file), our company was to provide:
  1. 10x17 Jumbotron
  2. Generator for electricity
  3. Speakers
  4. Kiss Cam with an operator

  
  All of which we were prepared and scheduled to deliver on the 3rd of June. 

  
  You/** Vibes had ample time to email concerns from the date the contract was sent, and from the time the first payment was made. In case you / ** Vibes wanted to modify the agreement if additional scope was to be added.
  - 04/18/2023 - You texted to confirm the contract was received at 9:13AM from a number ending in 0647
  - 04/20/2023 - Invoice was sent with terms due on receipt
  - 04/22/2023 - I signed the contract
  - 05/03/2023 - Date that the check was issued
  - 05/10/2023 - Check deposited and cashed

  
  As stated in the contract you / ** Vibes provided, a down payment ( of the total amount) will be paid upon contract execution, which we signed and received the down payment from you/** Vibes. That payment was put towards reserving the Jumbotron for the date you have requested, our teams time to plan for the event and their time booked for the 2nd and 3rd of June (for preparation, load in, during the event and load out), as well as other equipment that were bought and/or reserved for the event. We have also put in not only a significant amount of work into planning, meeting with you / ** Vibes and members of our team, and the thought into the requests or feedback that you / ** Vibes wanted from us that was not within our scope or contract.

  
  We were not contracted to provide content for you / ** Vibes during the event but we gave you our feedback on the content that you sent us. Gathering the content to be shown on the Jumbotron was your / ** Vibes responsibility. After the files were sent to us, we checked them and saw that several of them would not playback but we were prepared to play all files that worked. In our effort to try to help you, we engaged a photographer that you / ** Vibes contracted for this event to see if she could be helpful in providing content since your / ** Vibes vendors were not able to provide as expected, this was also not within our scope. Although in good faith, we tried to give you additional support. It seemed that none of the options presented would work either technical or financial wise. I called you to see how we can make things work, where you asked what would be the expenses should you cancel and I said that I would need to check my cost then contact you back. Within an hour, you called again to see what my costs were and I told you that Im waiting to get more information to give you that number. You then told me to call once I have it together and I told you that it would probably be the next morning because Im waiting for ***************** to open. While gathering the information, I received a text message stating that you were canceling us and wanted us to return your money. This was without any regard to the time, resources and planning that our company invested into this event, to only be canceled because not enough content could be provided to put on the screen, which again, was not our responsibility. 

  
  We have lost revenue by allocating this date to your company (** Vibes) and not being used. We have invested well over $1,500 that we have lost preparing for this event.

  
  We were also promised that in exchange for a big discount, we would be getting $10,000 in kind for sponsorship that we did not receive, which is lost revenue as well. 

  
  We were notified via text on 05/31/2023 that you / ** Vibes wanted to cancel our services for the event. We understand that circumstances may arise and feel the need to cancel certain services. However, as a business, we also have our costs to cover as stated above. Also stated on the contract, the deposit will be refunded if we are a no show or if we choose not to participate in the event. Again, we were prepared to deliver and participate with items listed above as agreed upon until you canceled our services.

  
  Thank you,

  ********

  Customer response

  06/08/2023

   
  Complaint: 20142270
  
  I am rejecting this response because:

  On 5/31 ******** informed us that the videos submitted by vendors with their phones as per his request could not be used because of the quality. 

  He suggested to cancel and " no hard feeling" he also said he would see if he can call and cancel the truck - well over 48 hours in advance.

  You can't perform the duties even when we provided  our own photographer to help you out. 

  The money was supposed to be for work done on 6/3/23 which they suggested to cancel.  (The camera man, the two generators, and the actual jumbotron) in good faith we gave them the deposit but they didn't do any of the above duties and kept the money. That's stealing. 

   

   

   

  
  Sincerely,
  
  Bearta Alchacar

  Business response

  06/13/2023

  Hi ****** / ** Vibes,
  
  Thats correct, we provided you feedback regarding the files you sent us. As mentioned previously, several of them would not playback and we were prepared to play all the files that worked. In good faith, we tried to give you additional support. Again, providing content, along with the file type, creation, formatting are outside our scope and your/** Vibes responsibility.
  
  I did not suggest to cancel but asked if you were going to because of the way our conversation was going. You had asked what would our expenses be should you cancel and I said that I would need to check and contact you back. Within an hour, you called again to see what my costs were and I told you that Im waiting to get more information to give you that number. You then told me to call once I have it together and I told you that it would probably be the next morning because Im waiting for ***************** to open. While gathering the information you requested, I received a text message stating that you were cancelling us and wanted us to return your money. This was without any regard to the time, resources and planning that our company invested into this event, to only be canceled because not enough content could be provided to put on the screen, which again, was not our responsibility. 
  
  We spoke with you and your / ** Vibes photographer, using our time that we were not obligated to do, for us to help you.
  
  The deposit that you sent us was for the following, within our contract:
  1. 10x17 Jumbotron
  2. Generator for electricity (one generator, as stated in the contract and our email thread)
  3. Speakers
  4. Kiss Cam with an operator
  
  We lost revenue by allocating this date to your company (** Vibes) and not being used. We have also invested well over $1,500 that we have lost preparing for this event. That said, we were also promised that in exchange for a big discount, we would be getting $10,000 in kind for sponsorship that we did not receive, which is lost revenue on our part as well.
  
  
  Thank you,

  ********

  Customer response

  06/16/2023

   
  Complaint: 20142270
  
  I am rejecting this response because:

  Again, you had not incurred any cost as of May 31 as you stated you would cancel the truck to rent the trailer which you didn't. You also refused to answer any calls. You failed to provide any receipts showing you had incurred expenses. 

  Terrible business ethics: you failed to deliver what you promised you would. 1. live feed 2. asked for iphone videos which we provided, and you said they were low quality 3. failed to work with our photographer to provide a solution for not being able to provide entertainment. 

  We never wanted a 10x17 jumbotron for kiss cam only. We told you from the beginning that the reason we wanted to have you is to provide entertainment. 

  The two generators you are charging us for - you had not even used them and now you are claiming they are expenditures. 

  All the items you listed had not occured yet per your statement on May 31- you just wanted to back out - ************************* was on the call when you made this statement. You just wanted to back out because you couldn't deliver, and you wanted to keep the money. 

  Canceling was your idea. 

  ******* is community based and this is a free festival. I can't believe your conscience would allow you to keep money that doesn't belong to you - you failed to deliver or provide the receipt justifying you keeping the $1450. That's stealing. 

  I also told you that if you can't provide this entertainment - I can have a stage on the opposite end, along with a DJ and bands cheaper than having your jumbotron. 

  We listed you as a sponsor on our app and social media even before you delivered anything.  I have never encountered such an unethical business practice. If you are broke and need the money you should deliver what you promised or at least try. 

  Every solution we offered to help you make your promise come true was shot down and you told me what you can not do not what you can do. 

  Again, All the expenses you mentioned had not even happened, you initiated canceling without any hard feelings, then you wanted to keep the money. Unethical business practices. When asked for reference from other event organizers, I am sure I will have to tell about my experience. 

   

   

   

   

  
  
  Sincerely,
  
  Bearta Alchacar

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