WinterInVenice.co.uk is one of the companies affected by the unethical practises of Crystal Clear Digital Solutions Limited.
We helped setup the site for Mel from WinterInVenice.co.uk. We worked closely with her in the process of the whole setting up and deployment of WinterInVenice.co.uk into the fatcow hosting services account.
After the deployment was done, Crystal Clear Digital Solutions Limited sent a document over to Fatcow.com causing WinterInVenice.co.uk to be unjustly shut down.
Hence as a result we had to move WinterInVenice.co.uk to another temporary hosting site on SiteGround.com and thereafter shift it back. During this time our company incurred unwarranted cost in terms of time, money and effort (losses) ensuring WinterInVenice.co.uk the site remains up despite attempts by Crystal Clear Digital Solutions Limited to thwart WinterInVenice.co.uk.
Crystal Clear Digital Solutions Limited's unethical practise should be seriously frowned upon.
The complaint has been investigated and resolved to the customer’s satisfaction.
Yes I too heard about this recent stunt by Scott. I believe Mel supplied Fatcow hosting with over 10 appendices of proof detailing how false Scott Smiths allegations have been in accusing Mel of theft. He has the audacity to throw libel claims on the Black Widow victims group when he chooses to openly call Mel a thief, with zero proof of this.
I have advised Mel that she has a case against Scott Smith purely on the basis of ‘Libel’ as Fatcow hosting has investigated the evidence sent in by Mel and Fatcow has reinstated her site winterinvenice.co.uk back online.
This evidence document contained actual emails exchanged between Mel and Black Widow (and the many project managers she was assigned). This document proved that Mel did not steel anything as the entire design, website content, concept, functionality, images, graphical layout was put together by Mel. Her company merely wanted BW to code the site in keeping to her exact brief. This they failed do after nearly twelve months of wasting Mel’s time. She told me the so called demo was not in keeping to her brief. The demo did not even function. All this was captured in emails and later used as Proof to throw Scott Smiths false allegations out of the water. I have copies of all these emails sent to me as Mel copied me in them. I will post the original email sent to Fatcow hosting.
20th February 2010
ATTENTION: FATCOW, David C. Bryson, General Council & Mr. Josh B from Legal Department (legal@fatcow-inc.com)
General Council DMCA Counter Notification
70 Blanchard Road, 3rd Floort. Burlington, MA
01803
Dear Sir,
Reference: www.winterinvenice.com and www.winterinvenice.co.uk
I refer to the initial email sent to me by Mr. Josh B from your legal department notifying me of an alleged infringement on the above website. With that email you sent me an attachment from Scott Smith of Crystal Clear Global Solutions Limited accusing me of theft and claiming that he owned the copyright to the material used on the above sites.
Scott Smiths letter was not supported by any evidence of this alleged theft; neither did it have a police report to confirm the data was stolen. There was no supporting proof that he even owned anything on the above referenced sites.
In response I detailed a letter to you on the 17th of February with supporting pieces of evidence (10 appendices) that proved that everything on the site belonged to me.
I swear under penalty of perjury that I have not stolen any trademarks, content, images, design, concept or layout from Mr. Scott Smith or Crystal Clear Global Solutions Limited.
I do not need to disable or remove anything from the above sites as they do not infringe on any trademarks, content, images or design as I own all rights to them.
I sent you ten appendices full of proof and supporting evidence that the site belonged to me. Pls see appendix 1 and appendix 2. These two appendices in question confirm the very fact that I supplied Black Widow AKA Crystal Clear Global Solutions with all content, Images, design brief, Layout instructions, and concept. All they had to do was code my site in keeping to my exact specifications. This they failed to do. I was not supplied with anything.
Mr. Scott Smiths Company Black Widow Internet was contracted to build a site in keeping to an exact design and concept provided by me. This included images, content, layout, style and functionality.
They took 50% upfront payment and never completed the site. My appendices contain emails that prove this. I was not supplied with even a demo that worked in keeping with my brief. Nearly twelve months I pushed them to complete and I soon realised that they were never going to deliver. I realised that this was a scam as they have done this to several innocent businesses here in the UK.
I then contracted a company called Mind Neurons.com in Singapore to build my site from scratch in keeping to my exact brief. They did so professionally without incident.
Now Scott Smith has the audacity to chase the balance 50% for a site he never completed. My legal team and I are amidst of court proceeding along with several other businesses affected in a similar way having dealt with Scott Smith and Black Widow Internet AKA Crystal Clear Global Solutions Limited. This is why I suspect he is sending letters to of this nature.
I ask you to review all the data that I have sent you and then contact me. You have suspended my site without any proof of infringement. I ask you to view the proof that I have supplied you and ensure you re-instate my site straight away.
Please view all the appendices emailed to Mr. Josh B (legal@fatcow-inc.com) – Printed copies are in the post to you.
Yours faithfully,
Mel Smith
-----Original Message-----
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 17 February 2010 20:52
To: 'legal@fatcow-inc.com'
Cc: 'Teh Gary' ;sandy shore
Subject: FW: [P06734747000000000] Copyright Infringement
Dear Sir,
Further to your letter attached herein I would like to confirm the following:
1. I own all content, layout, visual, design, images, brand, product designs, text (copy), concept, layout and full functionality of the site www.winterinvenice.com and www.winterinvenice.co.uk
2. In November 2008 I contracted the services of Black Widow Internet now known as Crystal Clear Global Limited to build a site to my exact specifications. They were required to build the site in keeping with my design brief that detailed full site layout, images, text, functionality and flow. You will see in Appendix 1 that I have written to a Mr. Adam Wynn at Black Widow internet who was my initial contact at BW, detailing the exact flow of the site.
3. To further prove that I HAVE NOT stolen anything pls see Appendix 2 which details quite clearly that I have supplied Vicky from Black Widow Internet all the visuals, Content and flow. Also in Appendix 2 please see highlighted in yellow my comment to Vicky asking her to MIMIC my brief to the letter. Black Widow was simply contracted to build a website to specification and in keeping with my brief. Black Widow did not create concept, visual or formulate website content. Their job was to merely code the site so that my brief can be converted into a actual website.
4.Despite Black Widows impressive sales pitch when it came to delivering project to brief it became quite evident that the team were incredibly incompetent. You can see the follow up emails detailed in Appendix 3 of me writing to Vicky chasing the project. Appendix 3 is a perfect example of how Black Widow failed to deliver to brief even though it was 3 months after I had contracted them and sent them the original brief. Appendix 3 is an email written in March (3 months after contracting them) - It is clear that they hadn’t even started on my site.
5.Appendix 4 shows you an email detailing my frustrations when I find that the DEMO URL they sent me 10 months into project isn’t in keeping with the Flow I signed off and my original brief.
6. Appendix 5 will prove that I have constantly had to supply them with information because their project managers only stay within the company for short periods of time and their seems to be alot of confusion from their part. Appendix 5 is an email where Scott Smith is asking me to RE SEND EVERYTHING detailing full site flow, concept, visual, layout etc. My frustrations are voiced as I find that the demo URL isn’t in keeping with what they promised to deliver when taking my money.
7. Appendix 6 an email showing you the full extent of the mess and the fact that I haven’t received anything that I was promised.
8. Appendix 7 - example again of how poorly this project was handled.
9. Appendix 8 - shows me asking for compensation as they have not done anything to what was originally agreed
10. Appendix 9 - the final straw. Gives you full breakdown of the severity of the problem.
11. Finally after much hassle and loss of money from my part I decide to pay Black widow internet a visit. I do this by arranging an appointment with Jason Hall (my then project manager who worked for blackwidow) Appendix 9 Arranging of meeting to visit Black Widow premises. Meeting was set for 1st of September- nearly 12 months since I first started speaking to them.
At this meeting it was evident how poorly they had dealt with this entire project. At the end of the meeting I was told that they had originally MISS QUOTED ME and that they wanted MORE MONEY TO COMPLETE SITE. See Appendix 10. - Need I say more.
To put it simply, they had first promised to deliver to my exact specifications, then taken my brief and wasted my time for over 12 months and now wanted MORE MONEY to complete it because the original quote was INACCURATE? - and I had to pay for their mistakes?
This is when I decided to wipe the slate clean and approach a completely new company who specialise in coding to exact brief. I gave this new company all my concepts, visuals, content, flow and overall web design. NONE OF THIS BELONGED TO BLACK WIDOW. BLACK WIDOW HADNT EVEN COMPLETED THE SO CALLED DEMO AT THE TIME LET ALONE A SITE.
The new web company coded everything from scratch and in keeping with my exact brief. Within 4 weeks my site was up and running.
I had lost far too much time and money with Black Widow and started digging around to see if they have treated other innocent business like mine. I found several (over 25) people who have suffered the same fate as me having dealt with black widow.
Their stories were exactly the same as mine. I lost the 3000GBP I paid them upfront (+ over 150, 000 worth of potential internet trade) but the other victims had lost much more than me. I have copied many of them in this email so you can write to them personally should you wish.
We have now collectively reported Black Widow Internet and Crystal Clear Global Solutions to the Police, the UK trading Standards, the Department of Trade and Industry and finally several regulatory bodies.
I want to make it very clear that all the information, data, content and visuals on my site below to me and were never the property of Black widow. They were merely asked to code a site in keeping to my exact brief and visual layout - which after 12 months they failed to do - having taken my money upfront.
I had a phone call from them 3 weeks ago chasing for the BALANCE PAYMENT for a site they never completed nor provided me with. HOW CAN THIS BE LEGAL?
I suspect that they are now trying every way possible to upset me as they have probably heard that I have actively collating cases of evidence proving that they have done this to many other people. This is illegal.
I have backed everything with proof - it would be interesting to see if Black Widow can do the same?
Removing my site from your hosting company would be illegal as I have NOT STOLEN ANYTHING FROM BLACK WIDOW. This email and the ten appendix prove this.
I await your reply, pls confirm that you have received all 10 of the appendix I have emailed through to you.
My legal team will be in touch with you tomorrow.
Mel Smith
Appendix 1
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 17 February 2010 20:38
To: 'legal@fatcow-inc.com'
Cc: 'Teh Gary' ‘sandy shore’
Subject: APPENDIX 1 - This indicates the first brief that I have sent Adam Wynn at Black Widow Internet
APPENDIX 1
This shows my email to Adam Wynne the sales contact from Black widow Internet detailing exactly how I want the site to be built.
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 08 August 2008 10:27
To: 'adam.wynn@blackwidowinternet.com'
Subject: notes
Hi Adam,
Pls see notes
Warm Regards,
Mel Smith
Winter in Venice Gifts Limited
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 17 February 2010 20:39
To: 'Teh Gary' ‘ sandy shore’
Subject: APPENDIX 2 Email from me to Vicky at Black Widow Internet giving her full access to down load all visual, flow, site content
This is Appendix 2.
It is the email from me to Vicky at Black Widow Internet providing her with details of my file share server so she can down all images, visual, website content and structure. Also see below highlighted in YELLOW asking her to MIMIC the build of the site in exact keeping of my brief and full visual layout.
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 14 March 2009 20:58
To: 'vicky@blackwidowinternet.com'
Cc: 'laura@blackwidowinternet.com'; 'michael christopher'
Subject: FW: website images
Dear Vicky,
Hope you are feeling better and thanks for your email. I have uploaded everything to two sites. The first part is attached here. Please click the link below and
http://drive.123-reg.co.uk/HOME
Password: website
Username/ email: accounts@winterinvenice.co.uk
Once you get in, you will see several folders. PLEASE CLICK ON THE ONE THAT SAYS WEBSITE MAIN. This should open all the documents you will need. I have put the main product content on a word document file called WEBSITE CONTENT, this has all the website information. Also attached our sub files which have the data for all the headings on the main home page.
You will also find a folder called LIFESTYLE. This folder contains several sub folders that have been marked so that you can easily pick the right photo/image for the product catergory. The lifestyle shots are photos that depict the EXTRACT and the Customer comments (Why you love it). I will be sending you a separate link where I have uploaded product images so that you can use it on the main product page for the anamatic.
Attached is also a Power Point presentation which gives you and the designer a idea of what i want the site to look like. Pls mimic everything word to word, design to design.
Pls ring me on Monday at around 10am to discuss all of this. If you download the files then we can talk about each one and go through everything together. Hopefully this way we can nail this and get this site built and out of the way because I need another site built asap for our distribution company.
Thanks,
Mel
Ps. Note that i will be sending you another email with a similar link to download PRODUCT IMAGES for the anamatic.
Appendix 5 (read bottom up)
-----Original Message-----
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 17 February 2010 20:39
To: 'Teh Gary' sandy shore
Subject: Appendix 5
Appendix 5
This email shows you response from SOCTT SMITH basically asking me to EMAIL ALL FILES OVER as they have had internal confusion within Black Widow. Again, this proves that It was me having to send them everything and not the other way around.
We are now several months into project - even the so called demo isn’t working and I am losing money
-----Original Message-----
From: Scott Smith [mailto:scott@BlackWidowInternet.com]
Sent: 29 July 2009 17:45
To: 'Mel Smith'; jason@webdevelopmentunit.com
Cc: roy@winterinvenice.co.uk; drmike@christopher1972.fsnet.co.uk; mike@winterinvenice.com
Subject: RE: [#JCM-771216]: Winter in Venice
Dear Mel,
Hope you are well.
Firstly I wish to personally apologise for this issue. I wanted to step in here as I’m involved in this situation now with Jason due to the importance of it and I wanted to email because I think our actions of wanting to roll up our sleeves and jump into fixing this ASAP may of incorrectly looked like we are not as upset as you on this, or taking this as seriously as you would hope, which we certainly are Mel.
I was with Jason at the time of the call and I know he was itching to get back to the files to try and fix this urgently for you, this is why he was keen to get off the phone but didn’t wish to appear rude to you. I known when you are passionate about fixing something and you have the ability to fix it you wish to jump right in, I hope you can understand this and we certainly did not wish to add any additional stress to you Mel.
On the legal side, we certainly didn’t wish for it to appear as a threat, it’s just what you mentioned legal so Jason needed to see where you wanted to go with this, nothing more, no hidden agenda.
Jasons goal on this is:
1. Rectify the issues asap
2. Investigate how this happened
Even though I can image how frustrating this is, on the visuals the system generates all pages so this is made from the system which is complete so we just need to reskin the front for you.
I believe from Jason that one of my staff told you we would input all your products which is something we don’t do, however on this occasion when I can see how many products you have etc I will see what we can do for you. Right now we have two options, one is for Jason to go over all emails you’ve sent on our ticket system, we don’t mind doing this but this will take considerable time, however if you have the final files there if you wish to email them over we can start work on the “fix” now rather than having a “email investigation” phase before we can start on the more proactive fixing stage.
Please rest assured that I will be working with Jason to arrive at a positive outcome for you as one of my top priorities Mel.
Warmest regards,
Scott Smith,
Director, Crystal Clear Global Solutions Limited
www.CrystalClearGlobalSolutions.com – tel: [protected] – fax: [protected]
www.BlackWidowInternet.com – tel: [protected] – fax: [protected]
Crystal Clear Global Solutions Limited, Suites 40-42, Red Hill House, Hope Street, Saltney, Chester, CH4 8BU, UK.
CONFIDENTIAL & PRIVILEGED.
This transmission contains information that is confidential and/or privileged. This information is intended to be for the sold use of the individual(s) or entity named above. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us immediately.
***
-----Original Message-----
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 29 July 2009 15:17
To: jason@webdevelopmentunit.com
Cc: scott@blackwidowinternet.com; roy@winterinvenice.co.uk; drmike@christopher1972.fsnet.co.uk; mike@winterinvenice.com; vicky@blackwidowinternet.com
Subject: RE: [#JCM-771216]: Winter in Venice
Dear Jason
Further to the conversation I had with you this afternoon, we agreed that you would ring me with the information to the following questions:
- Date of completion
- Why this mess happened in the first place. 10 months in and I am NO WHERE NEAR HAVING A COMPLETED SITE
- I need a list of the content info you received from VICKY. I'm worried that she may have not sent the correct stuff that was signed off initially, the agreement was that the site would have all 18 product listings and content put in. ALL CONTENT WAS EMAILED OVER INCLUDING IMAGES AND LIFESTYLE IMAGES. Both LAURa AND ANDREW noted this and their emails confirm same.
- WHERE IS THE GIFT SELECTOR. Andrew worked on getting that sorted.?
- the design below is incorrect, font size, arrangement of text, the Links (TABS), the spacing, the look, everything,
- you have confirmed that you have the correct FLOW that you picked up from Andy (my 3rd account manager who was also given text content) how do I know for sure that this will be the one coded as you have confirmed that TOM sent the wrong file to the coders.
I'm afraid I can't sound pleasant and pretend to understand when Vicky has made such a basic error. I NEED THE ANSWERS AND I CANT WAIT ANY LONGER. I NEED some sort of explanation in writing as to why this happened.
This is just un-believable to say the least.
YOU CANNOT EXPECT ME TO BE ANYTHING BUT UNHAPPY WITH HOW THIS HAS BEEN HANDLED. The reason I was trying to explain to you on the PHONE that I needed some reassurance to ensure that the FLOW IS CORRECT considering mistakes that have been made by the people who dealt with my account from day one is surely not too much to ask.. I didn't appreciate being rushed off the phone when I was merely asking for reassurance. I CANNOT BE UNDERSTANDING> IT SHOULD BE THE OTHE WAY AROUND> You should be understanding given how this project has been handled.
I DONT WANT TO WAIT TO FIND THAT ROUND FOUR - we have PROBEMS WITH THE WRONG FLOW as the links below DO NOT CONTAIN the items on the main flow. Surely you can understand why I asked you to check it.
I NEED TO KNOW THAT THE CONTENT, IMGAES, SITE ARRANGEMENT, and STYLE is as per my brief. I THEN NEED DATE OF COMPLETION.
No more excuses and I really can't carry on losing money like this. I need to be taken seriously and I will do all I can to ensure that I am through legal channels because I AM LOSING MONEY and this is not what we signed up for.
Please come back to me with the answers to the above and a way to put this right. IS THIS WHAT YOU PRIMISED TO OFFER YOUR CUSTOMERS IN YOUR WEBBRIEF INRTODUCTION CD I RECEIVED AND SCOTTS PRESENTATION which is why I signed up.
Regards
Mel
-----Original Message-----
From: Jason Hall [mailto:jason@webdevelopmentunit.com]
Sent: 29 July 2009 09:13
To: mel@winterinvenice.co.uk
Cc: scott@blackwidowinternet.com; roy@winterinvenice.co.uk; drmike@christopher1972.fsnet.co.uk; mike@winterinvenice.com
Subject: [#JCM-771216]: Winter in Venice
Hi Mel,
This one is all down to me. I have had the test link since Monday and thought I had emailed you with it and then when just coming into the email to email your for feedback I realised I had not. I cannot apologise enough for this!
The test link is as follows...
http://www.winterinvenice.co.uk.php5-5.dfw1-1.websitetestlink.com/home.php
http://www.winterinvenice.co.uk.php5-5.dfw1-1.websitetestlink.com/admin
user: admin
password: 1234
Kind Regards,
Jason Hall
Account manager, WebDevelopmentUnit.com
Ticket Details
===================
Ticket ID: JCM-771216
Department: Jason Hall Account Manager
Priority: High
Status: Open
-----Original Message-----
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 17 February 2010 20:40
To: 'Teh Gary'sandy shore'
Subject: APPENDIX 9
Appendix 9
I am now asking for basic answers. When will my site be finished and will it be in keeping with my exact brief.? Answers I never received.
-----Original Message-----
From: Mel Smith [mailto:mel@winterinvenice.co.uk]
Sent: 29 July 2009 15:17
To: 'jason@webdevelopmentunit.com'
Cc: 'scott@blackwidowinternet.com'; 'roy@winterinvenice.co.uk'; 'drmike@christopher1972.fsnet.co.uk'; 'mike@winterinvenice.com'; 'vicky@blackwidowinternet.com'
Subject: RE: [#JCM-771216]: Winter in Venice
Dear Jason
Further to the conversation I had with you this afternoon, we agreed that you would ring me with the information to the following questions:
- Date of completion
- Why this mess happened in the first place. 10 months in and I am NO WHERE NEAR HAVING A COMPLETED SITE
- I need a list of the content info you received from VICKY. I'm worried that she may have not sent the correct stuff that was signed off initially, the agreement was that the site would have all 18 product listings and content put in. ALL CONTENT WAS EMAILED OVER INCLUDING IMAGES AND LIFESTYLE IMAGES. Both LAURa AND ANDREW noted this and their emails confirm same.
- WHERE IS THE GIFT SELECTOR. Andrew worked on getting that sorted.?
- the design below is incorrect, font size, arrangement of text, the Links (TABS), the spacing, the look, everything,
- you have confirmed that you have the correct FLOW that you picked up from Andy (my 3rd account manager who was also given text content) how do I know for sure that this will be the one coded as you have confirmed that TOM sent the wrong file to the coders.
I'm afraid I can't sound pleasant and pretend to understand when Vicky has made such a basic error. I NEED THE ANSWERS AND I CANT WAIT ANY LONGER. I NEED some sort of explanation in writing as to why this happened.
This is just un-believable to say the least.
YOU CANNOT EXPECT ME TO BE ANYTHING BUT UNHAPPY WITH HOW THIS HAS BEEN HANDLED. The reason I was trying to explain to you on the PHONE that I needed some reassurance to ensure that the FLOW IS CORRECT considering mistakes that have been made by the people who dealt with my account from day one is surely not too much to ask.. I didn't appreciate being rushed off the phone when I was merely asking for reassurance. I CANNOT BE UNDERSTANDING> IT SHOULD BE THE OTHE WAY AROUND> You should be understanding given how this project has been handled.
I DONT WANT TO WAIT TO FIND THAT ROUND FOUR - we have PROBEMS WITH THE WRONG FLOW as the links below DO NOT CONTAIN the items on the main flow. Surely you can understand why I asked you to check it.
I NEED TO KNOW THAT THE CONTENT, IMGAES, SITE ARRANGEMENT, and STYLE is as per my brief. I THEN NEED DATE OF COMPLETION.
No more excuses and I really can't carry on losing money like this. I need to be taken seriously and I will do all I can to ensure that I am through legal channels because I AM LOSING MONEY and this is not what we signed up for.
Please come back to me with the answers to the above and a way to put this right. IS THIS WHAT YOU PRIMISED TO OFFER YOUR CUSTOMERS IN YOUR WEBBRIEF INRTODUCTION CD I RECEIVED AND SCOTTS PRESENTATION which is why I signed up.
Regards
Mel
-----Original Message-----
From: Jason Hall [mailto:jason@webdevelopmentunit.com]
Sent: 29 July 2009 09:13
To: mel@winterinvenice.co.uk
Cc: scott@blackwidowinternet.com; roy@winterinvenice.co.uk; drmike@christopher1972.fsnet.co.uk; mike@winterinvenice.com
Subject: [#JCM-771216]: Winter in Venice
Hi Mel,
This one is all down to me. I have had the test link since Monday and thought I had emailed you with it and then when just coming into the email to email your for feedback I realised I had not. I cannot apologise enough for this!
The test link is as follows...
http://www.winterinvenice.co.uk.php5-5.dfw1-1.websitetestlink.com/home.php
http://www.winterinvenice.co.uk.php5-5.dfw1-1.websitetestlink.com/admin
user: admin
password: 1234
Kind Regards,
Jason Hall
Account manager, WebDevelopmentUnit.com
Ticket Details
===================
Ticket ID: JCM-771216
Department: Jason Hall Account Manager
Priority: High
Status: Open