Sep 18, 2021 01:03:22 PM Edited Sep 18, 2021 01:09:33 PM by Cheche P
Sep 18, 2021 01:53:50 PM Edited Sep 18, 2021 02:00:33 PM by Preston H
re: "Can i reject the additional work and still get paid of my original work?"
Yes.
I believe that you have encountered a client who does not understand how fixed-price contracts work.
YOU need to be the professional.
You need to be the one who explains things to this client.
Always be POLITE. Always communicate in a professional manner. But that doesn't mean you need to do what a client says.
Tell the client:
"Beatrice:
Thank you for your note. I want to help you achieve all of your goals with this project. The agreed-upon task has already been completed. What you are asking for is out of scope (not specified in the original task agreement), but I am eager to help you with this. You may now decide between the following options:
a) You may close the current contract and set up a flexible hourly contract so that I can do the additional work and anything else that you need
b) You may close the current contract and set up a new fixed-price contract for $245 so that I may do this additional task.
c) You may close the current contract and work with other freelancers on your team to complete these tasks.
Thank you."
After you provide this useful nformation to the client - which lets HIM choose what to do next - then the important thing is that YOU don't do any more work on the project. It is a VIOLATION of Upwork ToS for a client to ask a freelancer to work for free. By asking you to do work that WAS NOT specifically written down in the original task agreement, the client is violating Upwork ToS.
If this client doesn't pay you for your work, then you may need to take the steps outlined here:
https://support.upwork.com/hc/en-us/articles/211068528-Dispute-Non-Release-of-a-Milestone-Payment
...But let's hope that doesn't happen.
I suspect that this client needs you a lot more than you need him. You are providing him with valid choices, and I believe he will choose one of those three options. Remember: YOU are in charge.
Sep 18, 2021 01:58:45 PM by Cheche P
Sep 18, 2021 02:02:00 PM by Preston H
re: "Can I end the contract now?"
Yes!
You may end the contract at any time.
You may end the contract right now if you want to.
re: "Will I be paid for it?"
If you end the contract now, then all money in escrow will go to the client.
re: "Or should I wait for a mediator since I filed a dispute?"
If you already filed a dispute, then you will need to wait for the dispute process to play out if you want to get any money.
Sep 18, 2021 02:12:27 PM by Preston H
re: "What should I do to make sure that I will get paid?"
If you officially filed a dispute, that means the contract enters into "mediation."
This means that an Upwork mediator will facilitate communication between you and the client.
The Upwork representative will ask you questions. She'll ask the client questions. She will NOT DECIDE who is "right." She will try to get the two of you to agree.
You may offer a compromise. For example, the client may say he wants to pay only 50%. And you can say you are willing to let the client pay only 90%. If you and the client can not agree on who gets the money, and how much, then nobody gets anything. The next step would be to go to arbitration, which would cost you $291, and cost the client $291, and cost Upwork $293 (all non-refundable).
Sep 18, 2021 02:19:46 PM by Cheche P
Sep 18, 2021 07:56:23 PM by Petra R
Girllyn O wrote:
This is really helpful. What if we both don’t agree and nobody gets paid. What will happen to the escrow fund? Will it going to be back to the client?
You will have to go to arbitration (at a cost of $291 per party) or the funds are returned to the client.
Sep 18, 2021 02:16:54 PM by Tonya P
Girllyn O wrote:
Thank you. What should I do to make sure that I will get paid?
It sounds like there was a significant communication breakdown between you and the client. You may end up not being paid if you cannot convince your client that what they are asking is outside the scope of the work. No one here can make that determination.
Sep 18, 2021 09:16:27 PM by Cheche P
Sep 18, 2021 09:24:34 PM Edited Sep 18, 2021 09:27:58 PM by Preston H
Cheche, you do understand that none of those details matter at this point, right?
Upwork is not going to listen to your side, and make a determination that you deserve the money. That isn't what Upwork does.
What if you are right?
It doesn't matter.
What if the client is right?
It doesn't matter.
Upwork isn't going to make a decision. Right now is the time for you to come to an agreement with the client.
The good news is that all of this is your fault. That means that YOU have the power to do better next time. You have learned about how to be more cautious with regards to scoping work and providing a fixed-price quote.
Tell the mediator that you will give the client a $50 refund. That means you will keep $50.
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