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Can I ask payment for Source Code from client?

jaidev_bangar
Active Member
Jaidev B Member Since: Feb 3, 2016
1 of 14

I had one dispute with client, which upwork has closed by making a refund of 4 hours out of 40. Now dispute is closed, that client tried to put lots of  blame on me, "Like I am liar, I messed up with her code, I intentionally messed her code and so many other things",  and also was not listening to me when I was asking her its not my fault. Even her mobile developer later said all is well.

 

But she was like, "You do not know me", "I will **Edited for Community Guidelines**you" and many more things.


Now contract is in paused state and client is asking for source code. I am thinking of asking her payment which I done an overtime for her on every weekend.

 

Or please suggest what should I do?

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 14

If you have an hourly contract as a freelancer, then all of your work product belongs to the client who pays you fully for your time.

 

Those are Upwork's rules, not yours. It's not up to you to decide this.

 

If the client hasn't paid you fully for your time, then the work product doesn't belong to her.

jaidev_bangar
Active Member
Jaidev B Member Since: Feb 3, 2016
3 of 14

What about the blames she was putting on me. She asked me that I had messed her code etc. She called me liar

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
4 of 14

Jaidev B wrote:

What about the blames she was putting on me. She asked me that I had messed her code etc. She called me liar


That is irrelevant.

I would just let this go.  Get out of the contract as elegantly as you can, if you can.

 

jaidev_bangar
Active Member
Jaidev B Member Since: Feb 3, 2016
5 of 14
Petra R wrote:

Jaidev B wrote:

What about the blames she was putting on me. She asked me that I had messed her code etc. She called me liar


That is irrelevant.

I would just let this go.  Get out of the contract as elegantly as you can, if you can.

 


I asked same to her, and said I will work on all the changes and will make it working if its my fault, but she straight forward disputed the full week hours.

I never keep code of any client, even if they come back after years to me. I had given code to some client who approached me after 2 years.

but this lady is very arrogant lady, she never listen to right things. I think she needs some lesson. I am just looking what could be best way. so that next time, she can't do something to other freelancer.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
6 of 14

Jaidev B wrote:


but this lady is very arrogant lady, she never listen to right things. I think she needs some lesson. I am just looking what could be best way. so that next time, she can't do something to other freelancer.


It is not your place to "teach a client a lesson" - If you withhold the code you will have Upwork come down on you like a ton of bricks.

Either refund ALL the money earned under the contract and keep your code, or send the code and be done with it.

 

tlbp
Community Guru
Tonya P Member Since: Nov 26, 2015
7 of 14

Arguing and angry words have no meaning in a contract. You agreed to do X work for Y money. If you received Y money, you hand over X work. If you want to write a contract that says, "I won't turn over work if you are rude to me" you can do that. However, that is not the contract you are working under right now. 

jaidev_bangar
Active Member
Jaidev B Member Since: Feb 3, 2016
8 of 14

 


Preston H wrote:

If you have an hourly contract as a freelancer, then all of your work product belongs to the client who pays you fully for your time.

 

Those are Upwork's rules, not yours. It's not up to you to decide this.

 

If the client hasn't paid you fully for your time, then the work product doesn't belong to her.


Preston H wrote:

If you have an hourly contract as a freelancer, then all of your work product belongs to the client who pays you fully for your time.

 

Those are Upwork's rules, not yours. It's not up to you to decide this.

 

If the client hasn't paid you fully for your time, then the work product doesn't belong to her.


Its client product, that s fine, I am just checking , is source code delivery must? as per Upwork Support. they said its all on me..

My feedback is pending yet, she will definitely ruin my feedback, so I have to be very careful in this case.

 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
9 of 14

Jaidev B wrote:


My feedback is pending yet, she will definitely ruin my feedback, so I have to be very careful in this case.

 


You are top rated. Just use your perk (if you haven't used it in the last 3 months / 10 contracts...)

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
10 of 14

Give her ALL the code and end the contract. You will NOT get in trouble with Upwork for giving her all the source code.

 

Upwork has posted rules, but there is room for interpretation and accommodation, especially when it means trying to help a client have a better experience.

 

For the record, in case anybody is interested, here is the actual pertinent section from Upwork's current ToS documentation:

 

https://www.upwork.com/legal#optional-service-contract-terms

 

Screen Shot 2019-01-29 at 9.00.21 AM.png

But keep in mind that these are rules and guidelines prepared by administrators and lawyers for the purpose of helping things run smoothly. Upwork is not going to penalize a freelancer for providing source code to a client even though a client got a refund on some of the payment, thus negating the "full payment" clause in a technical sense.

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