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Freelancer is presenting my Web Application (client Materials) as his own. How can I stop him?

Active Member
Ricko S Member Since: Jul 12, 2016
1 of 6

1) I have screenshot PDF of the messages where the freelancer talks about his website "##$#$# etc" that he has under his control.
2) The screenshots also show that i gave him the client material. 
3) The letter he signed says he has returned/destroyed all client material.
4) The video shows the Freelancer is using client materials 5 days after his written certification that he has returned/destroyed client materials.
5) If you visit the website "##$#$# etc" you will see the client is using my client material (intellectual property).
6) The letter [infringement.pdf] has these details.
7) Today, 7.11.16, the freelancer continues to present my client materials.

8) The client materials is a FULL live Web Application, not simply designs.

 

Does the TOS protect me?

Who enforces the TOS?

Who shouldi speak with at upwork?

 

I have read the TOS & had the Freelancer certify that he has returned or destroyed my client materials.:

 

CLIENT MATERIALS

Client grants Freelancer a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Materials as necessary solely for the performance of the Freelancer Services under the applicable Service Contract. Client reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials. Upon completion or termination of the Service Contract, or upon Client’s written request, Freelancer will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and Deliverables (except for Background Technology as permitted by the Service Contract) contained in or on Freelancer’s premises, systems, or any other equipment or location otherwise under Freelancer’s control. Within ten days of such request from Client, Freelancer agrees to provide written certification to Client that Freelancer has returned or destroyed all Client Materials and Work Product as provided in this subsection.

 

 

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
BEST ANSWER
2 of 6

Hi Ricko,

 

I see you already have an open ticket about this issue and the team is assisting you with it. I encourage you to continue communicating via that ticket and provide as much information and evidence as you can so the team could address your concerns more effectively. I will also follow up with them.

~ Valeria
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Active Member
Ricko S Member Since: Jul 12, 2016
3 of 6

thank you.  Can anyone tell me the process to escalate this issue?  

I have provided (UTC timestamped) videos & screenshots. 
1) Screenshots of freelancer claiming (upwork messages) the name and ownership of his website

2) Screenshots of freelancer stating he will use his website to test the work
2) On the freelancer's website my owner information still comes up

3) I have provided incorporation documentation

4) I have provided DUNS # showing the corporate name also

5) I have provided (UTC) time stamped videos showing both (freelancer's & mine) web applications are identical

6) Screenshots of upwork conversation telling the freelancer where All my client materials live

7) Screenshots of upwork conversation giving access to freelancer of the client materials

8) Screenshots of upwork conversation & getting a signed certification that freelancer returned/destroyed all client materials.

 

 

Today all of my client materials are still being used by the freelancer through his website.

 

please someone guide me. this is so stressfull,  i've missed days of work because of this and hardly been able to eat well. 

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
4 of 6

Ricko,

 

Thank you for providing additional information and screenshots today. The team will review them and update you via the ticket as soon as possible.

~ Valeria
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@Ricko S wrote:

thank you.  Can anyone tell me the process to escalate this issue?  
.....

please someone guide me. this is so stressfull,  i've missed days of work because of this and hardly been able to eat well. 


I am surprised about the photo you are using. 

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Active Member
Ricko S Member Since: Jul 12, 2016
6 of 6

Thank you Valeria for getting involved.  The freelancer has taken down my WebApp.  The TOS is the only thing that gives confidence to me as a client.  There is no way to express the stress and worry intellectual property issues cause.  I'm glad that it's all over now.  Take Care Valeria.

 

Bye bye

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