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murshedroyal1
Community Member

Releasing the Source Code

Dear All,

 

We have awarded a fixed rate job to a company through Upwork. In our contract it was mentioned that the developer should release the source code at the end of each milestone. 3/5 Milestone is completed and 4th Payment is under escrow account. When we asked for the source code they refuse to release the source code saying that as per Upwork Policy and their company policy they can release the source code only after getting the complete payment. 

 

Is there any Upwork Policy that states the Source Code cannot be released until the project is completed? 

They should be able to release the source code for the work they have been paid for without any risk?

 

What are my options to get the source code atleast for the work they have been already paid?

 

 

15 REPLIES 15
prestonhunter
Community Member

Md M:

 

What that freelancer (or group of freelancers) told you is completely wrong.

 

They need to do this the right way, or you should stop working with them. If think they are probably scamming you.

 

Here is what they need to do:

 

If you set up a milestone for Phase 1, then they need to deliver ALL FILES for phase 1.

 

THEN you need to review the files. Look them over. Test them. Secure them on your own private server in a place the freelancer can not get to. If the work meets your satisfaction, THEN you release payment. If the work does not meet the specifications that were agreed upon in the contract, you ask for changes. The freelancer makes those changes and delivers the changes to you before you release payment.

 

For EACH milestone, you obtain and review all files, all source code before releasing payment.

 

You should be able to test the functionality and correctness of each phase before releasing payment.

 

Otherwise, work with somebody else. Because you are just throwing money away if you are paying for milestones but not receiving and testing the source code.

re: "What are my options to get the source code atleast for the work they have been already paid?"

 

What if there are no "options" because the source code does not exist?

 

What if the freelancer was lying when she said that she had done the work in the first three milestones? What if she never did anything and just took your money?

 

You need to tell the freelancer that she needs to turn over all the work files within 24 hours, or you will have to terminate the contract.

 

If she doesn't turn over the files, then report her to Upwork Customer Sercice, because she is just a scammer.

 

If she turns over the files, then secure them in a place that she can not get to them, and then terminate the contract.

re: "Is there any Upwork Policy that states the Source Code cannot be released until the project is completed?"

 

No

VladimirG
Community Manager
Community Manager

Hi Md M,

 

Please communicate directly with your freelancer/Agency regarding the delivery of work you already paid for and feel free to contact Customer Support if you can't resolve this issue with them directly. 

~ Vladimir
Upwork
cupidmedia
Community Member


@Md M wrote:

Dear All,

 

We have awarded a fixed rate job to a company through Upwork. In our contract it was mentioned that the developer should release the source code at the end of each milestone. 3/5 Milestone is completed and 4th Payment is under escrow account. When we asked for the source code they refuse to release the source code saying that as per Upwork Policy and their company policy they can release the source code only after getting the complete payment. 

 

Is there any Upwork Policy that states the Source Code cannot be released until the project is completed? 

They should be able to release the source code for the work they have been paid for without any risk?

 

What are my options to get the source code atleast for the work they have been already paid?

 

 


 Why did you release milestones 1 2 and 3 without receiving the source code, if that was in your contract?

e7fb0934
Community Member

We are going through the same experience after providing papers and concept to build an application. A few weeks after, my twilio account was signed into and bills ran up to $8k which I now have to pay for . I mentioned this to the freelancer and requested the codes, the application went down and all atempts to get the codes are stalled. At the moment, I am practically begging to get the app going at least for POC presentations. I need help to get the freelancer handover codes and restore app before finding a reliable group to take over.

Hi Idua,

 

I'm sorry to hear that. Could you please confirm the contract ID of the job you're referring to so I can check? 

~ Joanne
Upwork

Hi Idua,

 

I'm sorry to hear about the problem you're experiencing on your contract. One of our team members will reach out to you directly via a support ticket you can access both from your account and your registered email address, and assist you further. Thank you.

~ Vladimir
Upwork

re: "I mentioned this to the freelancer and requested the codes, the application went down and all atempts to get the codes are stalled."

 

I recommend that you do NOT work with ANY freelancer who does not provide you with CONTINUAL, UNFETTERED access to all of the source code.

 

It is your source code. Not the freelancer's.

 

You should have continuous access, AND you should have your own private archive that freelancers don't have access to.

I am literally experiencing same. Did upwork customer care ever help you resolve this?

Hi Adukwu,

 

Thank you for reaching out to us. I can see that you opened a support ticket regarding this issue and are now being assisted by one of our agents. If you wish to update the team with new information, I highly suggest that you post it on the ticket thread so our team can be more efficient in assisting you.


~ AJ
Upwork

re: "I am literally experiencing same. Did upwork customer care ever help you resolve this?"

 

It is not necessary to contact Upwork Customer Support to handle a situation like this.

 

Clients have all the tools they need, at their fingertips, in order to manage projects and freelancers, and in order to receive and archive source code.

 

Your goal should be to learn how to do this effectively and easily, without asking for help from Customer Support.

 

If you have questions about how to do that, feel free to ask here in this thread.

In hourly jobs I agree that all files should be released whenever buyers requests them.  However, on fixed priced contracts it is bit tricky.  Often, the effort required and milestone set up are not linear.  In development type work lot more effort is spent setting/coding the files.  Once that is done rest is easy with bit extra effort.  Crooked (but smart) buyers know that.  Once the code is written and demonstrated they know they can take it inhouse and do it themselves.  In other words this is underhanded way of cheating freelancers.

re: "Crooked (but smart) buyers know that. Once the code is written and demonstrated they know that can take it inhouse and do it themselves. In other words this is underhanded way of cheating freelancers."

 

I'm not sure what you mean by "crooked buyers"...

 

It is the freelancer's responsibility to set up fixed-price milestones the way he wants them to be set up.

 

If a client hires a freelancer like this:

Here is the plan:

Milestone 1: Create source code for calculating the Boson-Taylor factor for Class 3 atavants: $100

Milestone 2: Install source code on server: $100

 

...And then the freelancer does milestone 1, and gets paid $100, and the client ends the contract... Then the client has not violated any Upwork rules. The client has not done anything wrong.

 

The freelancer did milestone 1 and was paid for milestone 1.

 

The client realized he did not need to the freelancer to do the next milestone. So he ended the contract.

 

The freelancer did not get paid for the 2nd milestone. But the freelancer also DID NOT DO THE WORK for the 2nd milestone.

 

It's fine.

bobafett999
Community Member

It was freelancers mistake to set up a contract in a such a linear fashion and the buyer took advantage of it.

 

I would setup the contract as milestone 1 for $175. Milestone 2 for putting on the server $25.

 

Then the buyer can have all the source code and play with it.

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