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A client tricked me... again!

ritadelr
Active Member
Ghita S Member Since: Jan 1, 2018
1 of 20

Hello everyone! 

I feel so bad for having to ask for help again knowing that a lot of people will come for me and blame me for this but I have been tricked again for trusting a client... So I have started this contract with this client for a Visual Identity project and we've split it into 2 milestones one after the 1st task gets approved and the 2nd after I deliver everything. After MULTIPLE reviews which I didn't say no to because I just accepted the job because it's something that I am personally passionate about... the client came once the visual identity was almost done and requested to put everything in a google drive file and then lastly to send them the landing page which I did since we were almost done and I thought that there is another milestone so I fully trust them and everything is going well so far... well guess what?! They never put the 2nd milestone or activated it and I didn't notice because I've had a super busy week and they tricked me into getting what they needed and stopped answering me. I am in such a bad place because I've been here before and this time it's worse because the first milestone is not even worth 1 logo and I have designed a full visual identity for them which they are already using in their social media and website. I contacted the platform's support team to contact them for me but they are ignoring their emails as well. So what should I do? How can people get away with something like this? and yes I do acknowledge my mistake but like I said it was a busy week and didn't bother to double-check if they have activated the milestone. Please help.

a_lipsey
Community Guru
Amanda L Member Since: Jan 23, 2018
2 of 20

Okay, well, you know all the schpiel about not working without a funded milestone. Being busy is not really excuse for making sure that things are in order for you to work with someone. So continue to tighten up your personal system to be more careful.

 

That said, I believe you can issue a cease and desist order or take down order to them since they are using work they did not pay for, and, therefore, you still own the copyright to it. Tell them you'd be happy to release it to them for use if they would pay you (through UW) as agreed. 

 

THat's the only recourse I suspect you have.  

ritadelr
Active Member
Ghita S Member Since: Jan 1, 2018
3 of 20

They stopped answering through UW, is it okay if I send an email to them that way I am sure that they will read it? I make sure to follow the platform's guidelines so I didn't want to contact them via email even if they provided me with it

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
4 of 20

You are free to contact them outside the platform. Just make sure you don't accept any payment except through Upwork.

ritadelr
Active Member
Ghita S Member Since: Jan 1, 2018
5 of 20

I'm relieved thank you for your help all of you! Do you know any platforms who help freelancers solve legal problems?

michael_skaggs
Community Guru
Michael S Member Since: Aug 29, 2017
6 of 20

Ghita S wrote:

I'm relieved thank you for your help all of you! Do you know any platforms who help freelancers solve legal problems?


That would all depend on your jurisdiction, really.

 

However, even if they try to not pay by claiming the work wasn't done as specified, that still doesn't give them the right to use what you've already done. If they end up using it without payment, you can always file a copyright claim against them with the relevant governing body in their area (in the US, you could file a DMCA claim).

 

And as others have pointed out, you're free to communicate with them however you like. Upwork only requires that you get paid on Upwork, not communicate.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
7 of 20

re: "Do you know any platforms who help freelancers solve legal problems?"

 

Lawyers to whom you pay large amounts of money.

 

As a practical matter, you need to maintain a philosophy that "what happens on Upwork stays on Upwork."

 

For 99% of situations:

If you have a problem with an Upwork client, then the place to resolve it is on the Upwork problem.

And nowhere else.

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
8 of 20

Preston H wrote:

 

For 99% of situations:

If you have a problem with an Upwork client, then the place to resolve it is on the Upwork problem.

And nowhere else.


Except, of course, for the many, many, many situations we see here in which a milestone was never created or there was no contract, and so the freelancer has no recourse through Upwork but may have a variety of options (the most common of which is sending a FREE takedown notice).

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
9 of 20

Preston H wrote:

As a practical matter, you need to maintain a philosophy that "what happens on Upwork stays on Upwork."


No, she does not, and she should not, nor should she be encouraged to encourage clients to cheat freelancers.

 


Preston H wrote:

Lawyers to whom you pay large amounts of money.


This is factually incorrect. She doesn't need a lawyer, she can spend a few minutes educating herself how to issue a takedown-notice herself and a few more minutes to issue the takedown notice.

 

It does not cost anything and there are free templates on the net you can download and just include your name.

ritadelr
Active Member
Ghita S Member Since: Jan 1, 2018
10 of 20

My client now is back after I've emailed them and told them that what they did is illegal and now they are playing the "We don't like your quality fo work" card when they were all over it before disappearing and I am speechless at this point, they're trying their best to get out of this without paying one more penny 

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