1) Is there someway we can compel them to give us the deliverables? And
2) How do we go about asking for a refund? Because as far as we're concerned, we paid them to deliver services WHICH THEY HAVE YET TO FULFILL (in a timely manner, I might add) , and they have NOT rightfully earned that payment yet, so we deserve a refund.
3) We see the person working/ shooting for another company, and basically find it unfair that he is able to complete commitments with other clients. Is there a way to have him complete his obligations to us via the company he is working for? We highly suspect that he is out of funds to complete ours and previous client's deliverables (which is NOT our problem to begin with!), but our contract has a clause which states if the photo company isn't able to complete their services, that they can have another team to complete the service. That is my understanding of that clause, don't have the contract with me as i type this, but I can look it up and post it verbatim on here when I do.
Any help/answers/ advice will be appreciated. Thanks!