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815ef5a8
Member

What happens if I cancel my contract.

Hello, I have hired a freelancer hourly that works for an agency.  They have only finished 50% of the project for the agreed price.  I paused the contract until we could come to an agreement because the budget has gone over.  It has been two months since we came to an  agreement but I restarted the contract two weeks ago.  He hasn't entered any time and has not worked on the project.  I need advice but also my question is, if I cancel the project is he obligated to give me my project files?  Also if I cancel is it possible for another developer to take over the already exisint project?

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prestonhunter
Member

re: "I need advice but also my question is, if I cancel the project is he obligated to give me my project files?l

 

This is an hourly contract.

The project files don't belong to the freelancer.

All files created while working on the contact - while logging time - belong to the client.

 

Whether you close or cancel the contract or not is irrelevant. The files belong to client.

 

Tactically speaking, the proper thing for the client to do is to make sure that the files are being continually delivered, or are continually accessible.

 

Have the freelancer provide all files to you now. Then if you want to close the contract or not, that is your choice.

 

From a tactical perspective, it makes more sense to obtain the files before closing the contract.

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3 REPLIES 3
andregutierrez22
Moderator
Moderator

Hi David,

 

Once you pay a freelancer all Intellectual Property Rights are transferred to you and this is included in our TOS that everyone needs to accept when they sign up. To learn more about this click hereSection 6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY

 

Thanks!

~Andrea
Upwork
prestonhunter
Member

re: "I need advice but also my question is, if I cancel the project is he obligated to give me my project files?l

 

This is an hourly contract.

The project files don't belong to the freelancer.

All files created while working on the contact - while logging time - belong to the client.

 

Whether you close or cancel the contract or not is irrelevant. The files belong to client.

 

Tactically speaking, the proper thing for the client to do is to make sure that the files are being continually delivered, or are continually accessible.

 

Have the freelancer provide all files to you now. Then if you want to close the contract or not, that is your choice.

 

From a tactical perspective, it makes more sense to obtain the files before closing the contract.

66ecf5bc
Member

Hi David,

As the project was going fine and almost 50%  of the project was done smoothly. Now, after two months when you started again, the freelancer didn't come in contact. The point is that he might not be expecting your back arrival and he might have waited for you at the beginning of two months.

In any case, he is supposed to hand over your files to you whether you continue the project with him or not.

It is also a possibility of his again contact with you and you may restart the project with mutual agreement.

Best of luck.

Thanks

 

https://www.coupongot.com/