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Client is not responding anymore and not paid for the job (Need help)

Hi All,

 

Last month I started a website creation fixed rated job with a new client. I started making pages as per requirements she gave. Point to be mentione here - when starting this job she told me that there is some issue with her upwork account so she could not fund for the job so she created a job with another account (As she said her business partner/teammate) and funded some amount. So first milestone was created with a very minimal amount (25% of the total amount) and said if she likes my work she will fund more(As we discussed with her about price before starting the job). So after making few pages she approved the first milestone but didn't start another milestone. Now when I asked her to create a new milestone and fund it she keeps saying "Concentrate on the work , I will pay you after you complete the whole work.". But I didn't believe her and told her that I'll stop the work untll she started new milestone.

However after a strong argument I finally decided to go with her way as she gave me strong belief that she won't fraud me. Now after working on the all change request and finally completing the project  she is not responding my chats anymore since last week.

Point to be noted - I used to deploy all the codes in my own server for giving demo.

So now my believe is that she was able to clone all the codes using some software which are easily available in the market nowdays . 

 

So what can I do now ? Is there anyway I can get the remaining amount ?

 

Please suggest.

 

Thanks

Dipanjan

 

8 REPLIES 8


Dipanjan D wrote:

Hi All,

 

Last month I started a website creation fixed rated job with a new client. I started making pages as per requirements she gave. Point to be mentione here - when starting this job she told me that there is some issue with her upwork account so she could not fund for the job so she created a job with another account (As she said her business partner/teammate) and funded some amount. So first milestone was created with a very minimal amount (25% of the total amount) and said if she likes my work she will fund more(As we discussed with her about price before starting the job). So after making few pages she approved the first milestone but didn't start another milestone. Now when I asked her to create a new milestone and fund it she keeps saying "Concentrate on the work , I will pay you after you complete the whole work.". But I didn't believe her and told her that I'll stop the work untll she started new milestone.

However after a strong argument I finally decided to go with her way as she gave me strong belief that she won't fraud me. Now after working on the all change request and finally completing the project  she is not responding my chats anymore since last week.

Point to be noted - I used to deploy all the codes in my own server for giving demo.

So now my believe is that she was able to clone all the codes using some software which are easily available in the market nowdays . 

 

So what can I do now ? Is there anyway I can get the remaining amount ?

 

Please suggest.

 

Thanks

Dipanjan

 


 This ship has sailed. Trust is nice, but don't pay no bills. 

You'll know better next time. 

Really disappointed..


Martina P wrote:

Dipanjan D wrote:

Hi All,

 

Last month I started a website creation fixed rated job with a new client. I started making pages as per requirements she gave. Point to be mentione here - when starting this job she told me that there is some issue with her upwork account so she could not fund for the job so she created a job with another account (As she said her business partner/teammate) and funded some amount. So first milestone was created with a very minimal amount (25% of the total amount) and said if she likes my work she will fund more(As we discussed with her about price before starting the job). So after making few pages she approved the first milestone but didn't start another milestone. Now when I asked her to create a new milestone and fund it she keeps saying "Concentrate on the work , I will pay you after you complete the whole work.". But I didn't believe her and told her that I'll stop the work untll she started new milestone.

However after a strong argument I finally decided to go with her way as she gave me strong belief that she won't fraud me. Now after working on the all change request and finally completing the project  she is not responding my chats anymore since last week.

Point to be noted - I used to deploy all the codes in my own server for giving demo.

So now my believe is that she was able to clone all the codes using some software which are easily available in the market nowdays . 

 

So what can I do now ? Is there anyway I can get the remaining amount ?

 

Please suggest.

 

Thanks

Dipanjan

 


 This ship has sailed. Trust is nice, but don't pay no bills. 

You'll know better next time. 


Not entirely. The client cannot use the work.
6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY 

 

@Dipanjan, you can inform the client about the ToS and that they cannot use the work since you still own it, or you wait until the use it and make it sink by filing a DMCA.


Jennifer R wrote:

 


 This ship has sailed. Trust is nice, but don't pay no bills. 

You'll know better next time. 


Not entirely. The client cannot use the work.
6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY 

 

@Dipanjan, you can inform the client about the ToS and that they cannot use the work since you still own it, or you wait until the use it and make it sink by filing a DMCA.


Not that simple.

 

It rather depends on what the funded milestone was defined as. The client has fully paid for whatever was submitted under milestone one.

 


Petra R wrote:

Jennifer R wrote:

 


 This ship has sailed. Trust is nice, but don't pay no bills. 

You'll know better next time. 


Not entirely. The client cannot use the work.
6.4 OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY 

 

@Dipanjan, you can inform the client about the ToS and that they cannot use the work since you still own it, or you wait until the use it and make it sink by filing a DMCA.


Not that simple.

 

It rather depends on what the funded milestone was defined as. The client has fully paid for whatever was submitted under milestone one.

 


Yes, but as far as we know only 25% of the agreed price was paid. He send 100% and is now asking for the remaining 75%. The clients own everything defind under milestone 1, so if that description is very vague, it might be hard to convince the client to pay the rest of the discussed amount.

 

But I think with regards to the DMCA what matters it the amount that has been discussed before agreeing to the contract and not what it says in the milestone. If they agreed on $1000 and the client only paid $250 but uses 100% of the work send and not only the 25% he actually paid for, the freelancer can have the unpaid 75% taken down.

The problem is I am not in the situation of discussing the price further as she is not replying to my messages. So I can clearly understand her intention now.

 

However , thanks for your time and advice. I have also mailed this matter to upwork help center let's see if I can get any help.

 

 


Dipanjan D wrote:

The problem is I am not in the situation of discussing the price further as she is not replying to my messages. So I can clearly understand her intention now.

 

However , thanks for your time and advice. I have also mailed this matter to upwork help center let's see if I can get any help.

 


Upwork can not help you. You need to answer the following questions:

1. Which amount did you agree for the job?

If you agreed amount A and the client only paid amount B, you did not receive the agreed payment. Upwork only cares about the amount in escrow which is $0 at the moment. It is the freelancers responsibility to make sure not to deliver unfunded work. By sending work that was not funded you gave the client what she wanted without securing payment first.

 

2. Is the paid milestone formulated in a way that it could be considered full payment?

This question is not really relevant for this project but it might be usefull for future project.

 

3. Will the client use the work you provided but did not get paid for?

If yes, just wait for it to go online and file a DMCA.

You can send the client one more mail informing her about the situation. She then can decide to pay the agreed amount, not to use the work, or to risk the DMCA.

bizwriterjohn
Member

Many Upworkers experience circumstances like this.  There are techniques to quality a potential client.  One of which can be engaged in the project win phase.  This counsel will not help with your immediate problem.  I am sad this has happened to you and hope for better, for you, in the future.

 

There are several dissenting opinions associated with this piece of thought capital.  I believe the one that essentially relates, "hush up when the project is won" is particularly valuable to consider.  **Edited for Community Guidelines** However, we must all make our judgements of such according to our personal standards.

 

Perhaps the use of this technique will help block circumstances so you do not face situations in the future. 
https://community.upwork.com/t5/Coffee-Break/Tip-of-the-Week-Start-Project-Closing-Processes-During-...

- John.

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