Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Can client release partial payment

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
21 of 38

Hi Jennifer, Fergus and others,

 

If the client wants any amount refunded to them from Escrow, they will need to end the contract and request the refund. The freelancer will be asked to either approve the refund or dispute. 

~ Valeria
Untitled
Community Guru
Fergus M Member Since: May 23, 2015
22 of 38

Thanks, Valeria. That's what I was hoping to hear.

If liberty means anything at all, it means the right to tell people what they do not want to hear.― George Orwell
Community Guru
Douglas Michael M Member Since: May 22, 2015
23 of 38

Preston,

 

I'm sure any and all Upwork contracts have boilerplate supersession clauses in them; so should ours. That's for—heaven forfend!—the courts to sort out if things come to such a pass.

 

It would make sense for us to include in our contracts with clients whatever degree of protection makes sense for us. You give an example of self-protection using your own judgment and the milestone system. Other contractors include advance payments or kill fees as a means of protection I don't believe Upwork foresees or facilitates.

 

There is no reason to believe that Upwork's contracts, let alone its interface, supersede ours with our client on any given point. Garnor and Upwork have confirmed as much in other contexts. We are all contracting for quite different things. We and our clients are contracting with Upwork for provision of different, though related, services. We are contracting with our clients for provision of an entirely different set of services. Moreover, there is always the possibility that Upwork's contract overreaches with provisions that are unconscionable—and therefore invalid, although again that's a speculative legal judgment neither of us have ethe authority to make.

 

Of course, all this is quite theoretical insofar only the litigators among us look forward to seeing the inside of a courtroom, and Upwork can always kick anyone it's unhappy with.

 

Best,

Michael

Community Guru
John K Member Since: Feb 17, 2015
24 of 38

Jennifer asked, "So, let's say escrow is funded for $100. Client decides to release $50 of that to me. How does he get the $50 money back? Does he have to dispute?"

 

Upwork doesn't have a cooling off period to accomodate clients who experience buyer's remorse. So clients must exercise due diligence and make sure the freelancer has delivered whatever was agreed upon before approving a milestone payment.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
Community Guru
Jennifer M Member Since: May 17, 2015
25 of 38

@John K wrote:

Jennifer asked, "So, let's say escrow is funded for $100. Client decides to release $50 of that to me. How does he get the $50 money back? Does he have to dispute?"

 

Upwork doesn't have a cooling off period to accomodate clients who experience buyer's remorse. So clients must exercise due diligence and make sure the freelancer has delivered whatever was agreed upon before approving a milestone payment.


 Lots of catch-22s I suppose for the provider. Thank you for the help.

Community Guru
Preston H Member Since: Nov 24, 2014
26 of 38
I am not saying that Upwork's boilerplate contract LEGALLY or morally supersedes any kind of contract that contractors have with clients.

But the software functions based on Upwork's contract only.

And that means the client can change the contract amount and pay whatever amount they want to pay.
And the client can then end the contract and get the rest of the funds back if he didn't pay the full amount.
The client does not need to dispute anything in order for this to happen.

The contractor can choose to accept the partial payment immediately or choose to dispute the change if he wants to, but PRESUMABLY the client would only pay a partial amount because the work was only partially done or for some other reason that was discussed and agreed upon between client and contractor.

I'm not saying this is what people should or should not do. I'm simply describing what is encoded in the Upwork software and the contract agreement as well as the ToS document.

Personally I'm fine with things the way they are. I don't this set up is a big problem or has been widely abused.
Community Guru
Jennifer M Member Since: May 17, 2015
27 of 38

I'm hoping Upwork adopts the Elance dispute process. I've found that it's provider friendly. As long as you've done the work. Although, I should say that the $1200 Workview dispute I won I think was a scammer. He didn't even dispute the charges. Elance just paid it 2 weeks after I filed a dispute when his CC failed.

 

It's rare that something like that happens, but it does happen sometimes and providers have to use the process in place instead of being afraid of stars.

 

The $877 escrow dispute I won was from someone who wanted free work. You could argue that that's my view on it, but it was the arbiter's too, so I'm comfortable saying the guy was trying to get free work.

Community Leader
Scott E Member Since: Feb 24, 2015
28 of 38

If you're right, then Upwork need to update their help pages, as they're saying the freelancer has to agree to any refunds...

 

https://support.upwork.com/entries/23133488-Upwork-Fixed-Price-Protection-for-Clients

Community Guru
Fergus M Member Since: May 23, 2015
29 of 38

"And that means the client can change the contract amount and pay whatever amount they want to pay."

 

No. He can't. If the client and I agree on a fee of $1,000, and the client decides to pay $999, then I retain copyright to the work and the client has paid $999 for nothing. I get my agreed fee in full or I keep the work. It's that simple.

If liberty means anything at all, it means the right to tell people what they do not want to hear.― George Orwell
Community Guru
David G Member Since: Oct 6, 2011
30 of 38

I don't think Preston is right about the client being able to pay only part of the funded amount. That used to be in the old TOS but not anymore.

 

If the whole amount is funded, then the freelancer has to agree to the lesser amount being released. If the freelancer doesn't agree, then a dispute can be filed.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS