I had been making multiple contributions to each issue of International Yacht Vacations magazine when in 2007 company President and CEO Fuat Kircaali installed Grisha Davida as Publisher.
I contracted with International Yacht Vacations in June, 2007 for three articles with an August 1 deadline. Going by past experience with the same magazine, the August 1 deadline implied publication and therefore payment towards the beginning of September, 2007.
All through July, I attempted to reach my contact at International Yacht Vacations magazine in order to finalize the pieces and coordinate delivery of photos appropriate to my three articles. But the writer’s liaison had left, nobody from International Yacht Vacations magazine had notified me of that, and I was left to waste all kinds of time in vain attempts contacting that liaison.
Finally towards the end of July, I managed to get in touch with the new Publisher of International Yacht Vacations magazine, Grisha Davida. He told me the magazine could not pay contributors what it had heretofore been paying them, and his words left no doubt that he intended to pay me less for the articles contracted in June. Only once I notified Ms. Angela Hoy of WritersWeekly did Mr. Davida commit to paying me my established rate.
However, he would not give me a publication date for the three articles, nor would he give me a “no later than” payment date for the three pieces. He used many tricks and subterfuges, so I finally demanded immediate payment for September 21, 2007. He claimed photos I had previously sent were not adequate, so I promised to procure adequate ones in exchange for immediate payment. Here is language from the e-mail with my promise:
I continue to require immediate payment in full for these three articles and an immediate delivery of the PDF files for them. I want the economic angle of this resolved for myself immediately so that I do not have to waste any more time on communications leading up to the point where I would actually receive payment. If you continue to need assistance from me to procure proper photos for the two yacht profiles, I will provide that assistance, provided that you commit to getting a check to me pronto and actually do so.__________________________________________________ _____________________Then here is language in response to my promise to procure new photos, from the Publisher of International Yacht Vacations magazine Grisha Davida:__________________________________________________ ______________________We have your invoice in accounting and we may have the check back in time to send it to you this week. Please understand that this is an unprecedented procedure to pay for an arcitle (sic) in advance. We certainly trust that you will be able to deliver the two pictures we need as they are inlcuded (sic) in your verbal agreement that articles include the appropriate pictures.__________________________________________________ ______________________Under the Uniform Electronic Transactions Act, the above e-mail exchange is legally binding as a contract. Yet while I supplied the promised photos to International Yacht Vacations magazine, Grisha Davida its Publisher did not pay me, either immediately or at any other time.Company President and CEO Fuat Kircaali, besides owning International Yacht Vacations magazine owns Kircaali Media and Sys-Con Media. Again, the names of Fuat Kircaali’s companies are Kircaali Media and Sys-Con Media. Fuat Kircaali was told about 1) how Publisher Grisha Davida was abusing me and 2) how Publisher Grisha Davida had breached a valid contract in which I had fully completed my obligations to Sys-Con Media, Kircaali Media, Fuat Kircaali, Publisher Grisha Davida and Internatonal Yacht Vacations magazine.Yet Mr. Kircaali not only never communicated with me about the breach of contract; he actually blocked my e-mail address. Let that be a warning to all freelancers who would consider working for any of the many publications put out by Fuat Kircaali through Kircaali Media and/or Sys-Con Media. The company owed me $1,500, refused to pay me as per contract terms valid under UETA, and has made no attempt whatsoever to indemnify me for all the deceptive nuisance and lying they foisted on me after I completed three feature articles under contract for them.As of this writing, it appears that the Sys-Con Media, Kircaali Media publication International Yacht Vacations magazine, Grisha Davida, Publisher 1) is not currently publishing; 2) can not guarantee a future publication date and 3) thinks nothing of breaching a contract with a freelancer and 4) owes writers money.