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Client not adhering to contract originally mentioned

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Chandralekha M Member Since: Nov 25, 2019
1 of 8

Hi 

I would like to know what must be done on contracts where the client is not following the terms in the contract and when those are the terms upon which I acted on the contract.

So this is just a remedy I need. I have a client who agreed to give me 140Pgs  work on hourly basis with all her terms mentioned  regarding the work on hourly basis. She is very happy with my job but I have done only 30pages but now she wants me to send the original documents and templates I created so that she can edit it without my work. This is really not according to the contract, if it only required me to create templates I would have done, but the contract was to  recreate a 140pgs book. I would not like to  submit something for which I have not agreed for. Please let me know what to do under such situations.

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Petra R Member Since: Aug 3, 2011
2 of 8

Chandralekha M wrote:

...  regarding the work on hourly basis. She is very happy with my job but I have done only 30pages but now she wants me to send the original documents and templates I created so that she can edit it without my work. This is really not according to the contract, if it only required me to create templates I would have done, but the contract was to  recreate a 140pgs book. I would not like to  submit something for which I have not agreed for,


The client has every right to ask for the work you have produced under an hourly contract at absolutely any time. The client does not have to give you any further work.

If you refuse to send the work you have done while being paid under an hourly contract the client can report you to Upwork and you'd likely be in deep trouble, you may get suspended.

 

The client is under no obligation to let you finish all 140 pages.

 

Please hand over everything you have done under the hourly contract immediately. It is not yours, it's the client's and you have no right to withhold any of it.

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Chandralekha M Member Since: Nov 25, 2019
3 of 8
This is nothing to do with the files. I have given the files required for review. It was a answer I was seeking for these kinds of requests. I have received the answer. Thank you
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Jennifer M Member Since: May 17, 2015
4 of 8

Chandralekha M wrote:

Hi 

I would like to know what must be done on contracts where the client is not following the terms in the contract and when those are the terms upon which I acted on the contract.

So this is just a remedy I need. I have a client who agreed to give me 140Pgs  work on hourly basis with all her terms mentioned  regarding the work on hourly basis. She is very happy with my job but I have done only 30pages but now she wants me to send the original documents and templates I created so that she can edit it without my work. This is really not according to the contract, if it only required me to create templates I would have done, but the contract was to  recreate a 140pgs book. I would not like to  submit something for which I have not agreed for. Please let me know what to do under such situations.


You're already at a 77% JSS, so another issue with another client should trigger you to figure out what you are doing wrong. They want their files. They paid for them. Why are you witholding them? Give them their freakin files jeeez.

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John K Member Since: Feb 17, 2015
5 of 8
To be fair, she received a 3.55 review from a client who admitted to making conflicting requests on a short deadline then parting ways before the job could be finished, so her JSS would probably be much higher if not for that client.
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"No good deed goes unpunished." -- Clare Boothe Luce
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Preston H Member Since: Nov 24, 2014
BEST ANSWER
6 of 8

Chandralekha:
It sounds like you are disappointed by how this contract turned out.

 

But if this is an hourly contract, then you should understand some important concepts:

- a client may close the contract at any time

- a freelancer may close the contract at any time

- everything you produce while billing time on the contract belongs to the client

- a client is not restricted to what she may ask you to do

- you are not required to do anything that you don't want to do

 

If you have created some files for the client's project, then you need to provide those files to the client.

 

What if providing those files to the client means that she can perform tasks without your help? Do you still need to provide those files?

 

Yes.

 

What if you had discussed the matter before agreeing to the contract and you had planned to do that work, and get paid for that work? Do you still need to provide those files to the client?

 

Yes.

 

In the future, you may find it helpful to do what I do: Don't think of an hourly contract as having any specific "terms" other than: The client is paying for my time.


Clients hire me for hourly contracts, and then end up asking for all kinds of things. They ask me for things we never even thought of when I agreed to the contract. That's fine! If the client asks me to do something that I think she would be well served by my doing the task, I'm happy do it. Sometimes the client asks me to do something that I am not well-versed in doing, or that I know other people would do a better job with, or be able to do less expensively, and I tell the client so.

 

If you want to have specific terms about what types of files you will provide and what you will not provide, what you will and will not do, then you can set up a fixed-price contract.

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Chandralekha M Member Since: Nov 25, 2019
7 of 8
No files are withheld. This is a situation I wanted to avoid, it does not pertain to any specific client here. So I needed the right answers. I got it .
Thanks for the help
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Chandralekha M Member Since: Nov 25, 2019
8 of 8
All the files are given. No worries. That was not the problem here. I just wanted a solution for a situation that I might witness. Thank you.
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