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Releasing the Source Code

Active Member
Md M Member Since: Oct 17, 2017
1 of 6

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?

 

 

Community Guru
Preston H Member Since: Nov 24, 2014
2 of 6

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.

Community Guru
Preston H Member Since: Nov 24, 2014
3 of 6

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.

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 6

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

 

No

Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
5 of 6

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. 

Community Guru
Jennifer D Member Since: Feb 15, 2016
6 of 6

@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?

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