Advice Needed! Client Using Work Without Payment

[gohersheikh]

Hi,

This is my first contract on upwork. It's fixed price 100$ script.

I sent client proposal telling I can do his script and asked few details. He messaged me and shared details. I worked on script for 4-5 hrs and shared results of script. He was happy to see the results and asked me how I did it. I asked him to hire me first, then I will share technical details.

He hired me and we discussed about technical details. He asked to fine tune some params before submitting, which I did and submitted my first work submission.

Since then the script has turned out to be a project now. I have submitted 7 revision with total 25+ hrs of work now. But he is not satisfied. He gave 20$ bonuses twice, for hard work. But is not marking project done. His job description was satisfied in first submission of work.

After 7 revisions and new features being added in each revision, I asked him to make new milestones for any upcoming feature. I then suggested 11 new milestones for project with different prices.

He thought it's fair and created second milestone of 60$. I asked him mark the first milestone completed so that I can submit work to second milestone. He refused that he won't close first milestone unless work of all milestones is done. I said it's impossible to submit work to new milestone without closing first, I tried hard to explain this part to him. He refused and he deleted the second milestone. I was surprised that it's even possible. He did not pay for the first milestone as well.

Now he has uploaded my work on github publicly and shared on reddit. He also opened new contract to hire some other developers to continue work on my submitted project. I have asked him to pay me as the submitted work is my property unless he pays me. He is still not agreeing and the contract is still open. I have stopped delivering more work but as this is my first contract I do not want to end my contract on a dispute or bad terms.

I need advice on how to deal with this situation. Can he use my work like that without payment? Bonuses are something he gave me for extra effort, but the ownership of work is still mine unless he release payment.

Thank you for reading this.
~GF

[wescowley]

If you haven't clicked "submit work" on the first milestone, then do so. You should have done that when you gave him the first round of work. That's what gets you paid.

[JoanneP]

Hi Gohar,

I checked your account, and it looks like you have already submitted the job using the submit work button. The client has 14 days from the most recent submission on a milestone to review and approve or request changes. If your client doesn't respond to any milestone submission within 14 days, the deposit is automatically released to you. Please check out this help article for more information. 

[petra_r]

The point here isn't so much the submitting of the milestone, it is that the client is using and has published the work that hasn't been paid for.

Gohar, tell the client that you are pleased they like your work so much that they are publishing it already, but that this work is, at this point, your property and that they need to remove your property until it is paid for. TIf they don't take it down, tell them that you'd hate to have to issue a DMCA takedown notice to github and reddit.

[gohersheikh]

Client has ended the contract without payment. He is still using my code base publicly and building on top of it. I have opened a dispute, but I am not sure how will this end. The client has given me false negative feedback as well. Any suggestion on how to deal with payment and feedback?

[jr-translation]

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Gohar F wrote:

Client has ended the contract without payment. He is still using my code base publicly and building on top of it. I have opened a dispute, but I am not sure how will this end. The client has given me false negative feedback as well. Any suggestion on how to deal with payment and feedback?

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You will not receive any payment and should issue a DMCA takedown notice to github and reddit asap.

Report the job if you haven't done it. You can wait for CS to reach out or contact them by scrolling all the way down on the help page.