Can I complete partly paid work of a client t...

diegoalberto · ‎07-03-2019

Client account is on permanently hold due to a violation of terms of service. Client already paid for part of the work with one of two milestones (I haven't received the money yet).

Can I continue working with him until I complete the project?

He's proposing to complete the work using his sisters Upwork account, but I'm not sure if I'm violating the TOS if I continue the job.

What if I continue working with him outside Upwork?

Will I be violating the TOS continuing working with him now that he's permanently on hold?

What to do?

Thanks for you advice.

petra_r · ‎07-03-2019

Diego B wrote:
Client account is on permanently hold due to a violation of terms of service. Client already paid for part of the work with one of two milestones (I haven't received the money yet).

Can you clarify? That money is still in Escrow or has it been released to you?

Has the work for the first milestone been done?

If yes, just submit for payment.

Diego B wrote:
Client account is on permanently hold due to a violation of terms of service. Client already paid for part of the work with one of two milestones (I haven't received the money yet).

Can I continue working with him until I complete the project?

He's proposing to complete the work using his sisters Upwork account, but I'm not sure if I'm violating the TOS if I continue the job.

What to do?

Thanks for you advice.

If the client has been permanently suspended, then he will not be able to fund the second milestone, but you should (probably) be able to get your money for the first milestone (provided the client's TOS violation was not linked to their payment method and the milestone was properly and legitimately funded using a legitimate payment method (rather than some stolen credit card etc).

Diego B wrote:

He's proposing to complete the work using his sisters Upwork account, but I'm not sure if I'm violating the TOS if I continue the job.

Bad idea - that account will probably also end up suspended.

diegoalberto · ‎07-03-2019

Money is at -Milestones Paid- and appears as pending on payments.

The work for the first milestone has been done (development environment setting up and some documentation).

What if I continue working with him outside Upwork?

Will I be violating the TOS continuing working with him now that he's permanently on hold?

Thanks for your reply

kat303 · ‎07-03-2019

Diego B wrote:
Money is at -Milestones Paid- and appears as pending on payments.
The work for the first milestone has been done (development environment setting up and some documentation).

What if I continue working with him outside Upwork?
Will I be violating the TOS continuing working with him now that he's permanently on hold?

Thanks for your reply

If you want your Upwork account suspended, sure, go ahead and work outside of this site. Did you read Upwork's TOS. because if you did, you wouldn't be asking such questions. Also, think about this, If there is something wrong with the clients financial account what guarantee do you have with this stranger that you just connected with over the internet that you will be paid.?

Until the client's suspension is lifted by Upwork, and you will get a notification from Upwork (not from the client do not do any more work. And if this client is going to use his sisters account, that suspension might be permanent.

diegoalberto · ‎07-04-2019

Yes, I did read the TOS and I'm aware you must no work outside Upwork with clients you met there. What I did not found on TOS is what happens with clients that got banned from the community, just left them with the unfinished job? Wanted to clarify that as seems not to be clear on TOS.

Thanks for your reply.

petra_r · ‎07-03-2019

Diego B wrote:
Money is at -Milestones Paid- and appears as pending on payments.

OK, so you are fully paid for milestone 1.

I'd walk away at this stage.

Diego B wrote:
What if I continue working with him outside Upwork?

Unless you have Upwork's permission, you can't.

Kathy wrote:
Until the client's suspension is lifted by Upwork, and you will get a notification from Upwork (not from the client do not do any more work. And if this client is going to use his sisters account, that suspension might be permanent.

It already is. (permanent)

aocumen · ‎07-03-2019

Hi Diego,

I was unable to identify which client you are referring to, but I would recommend that you refrain from working on the contract until the client solves the issue with his account. Please know that using another person's account is a violation of the Upwork Terms of Service, and I would suggest that you recommend your client against using his sister's Upwork account.

Working outside the platform is a violation of the Terms of Service, and doing so may jeopardize your account. As such, you are also risking not being payment protected through Upwork's Payment Protection program if you decide to work outside the platform.

~ Avery

diegoalberto · ‎07-04-2019

Thanks for your reply Avery.

I just wanted to confirm what to do with the permanently on hold client as the job is unfinished. I did not want to leave the client on the limbo, but I'm aware of TOS and won't continue working with him.

I think the I willl just loose the week of work I did with the client and return him the money he paid. Will have to cover the Upwork and currency conversion fees tougth.

What should I do with the contract? It appears as suspended. Shuold I just finish it?

vladag · ‎07-04-2019

Hi Diego,

Could you please share a screenshot of your conversation with the client and their sister's Upwork account with me in a private message? Thanks.

~ Vladimir

Can I complete partly paid work of a client that got his account permanently on hold?