Contract Issue

[rajhean]

Hello.

I would like an opinion on an issue I am facing with a client.

I was contracted to draw 3 female characters (bust shots) for a client, and illustrate 75 assets in total ( 5 tops for each, 5 hairstyles each etc). This was for $3000 in total. I did all the work, they approved the payment but did not close the contract.

A couple weeks later they requested that they wanted a group picture with the three girls together and it should be full body. That means I would have to draw the rest of the top, design the bottom of the costume, as well as design shoes for them. This was not discussed before. Because of this I asked if this is for a new milestone, they said no.

Am I wrong for wanting it to be a new paid milestone? The client says that $3000 was generous enough, but this was not in our agreement and the comment was insulting because this is the industry rate. I also feel like I'm being held hostage because I know that my JSS is going to go down...

what do you think?

[JoanneP]

Hi Rajhean,

If this was not specified in the first milestone, please remind your client about the agreement you had when you accepted the contract. You may politely explain why you requested to have a new milestone funded for the new task they requested. 

[rajhean]

Hi Joanne!

Yes, I did just that. The client admitted that it was an oversight on their part but went on to say that they felt they were more than generous with the budget. I don't agree, I felt like they paid me what the art is worth based on the industry rate, but now they want a free new concept design.

I feel like I am being forced to do this and please them because it may bring my score down.

[AveryO]

Hi Rajhean, 

I understand why this is a cause of concern, especially since you have excellent feedback on your account. I'm not sure if you've read this article on disputing or responding to feedback where it shared information on how you can respond or dispute feedback.

I would recommend that you try to work this out with your client by discussing why you feel you deserve the $3000 for the project's original scope. You are the owner of your freelance business, and you can decide how to move forward with the project. Hopefully, you and your client get to an amicable agreement. 

[rajhean]

Hi Avery!

Thank you for your response.

Unfortunately, they are not budging. This is even after I have explained my point. We are at a stand still right now. I don't want to do this for free, especially when I have other clients who are paying for my time.

Can I politely notify the client that I will be ending the contract, then dispute the private and public feedback and have it removed?

[data_divas]

Since you are top-rated, I believe you can have the feedback and their score removed if it's bad.

https://support.upwork.com/hc/en-us/articles/219801228-Feedback-Removal

[rajhean]

Thank you Julie!

[prestonhunter]

It is a violation of Upwork ToS for a client to ask a freelancer to work for free.

Asking a freelancer to do something that was not specifically written in the original task agreement is asking for free work. It is a violation of Upwork rules. It is unprofessional.

[rajhean]

Thank you Preston!

I thought so too. I was very polite in trying to explain this to them, but they were very adamant that they already paid a lot and so I should include this concept in the last milestone that they approved weeks ago.

I am just going to inform them that I will be ending the contract, and then file a request to have the negative rating removed.

[prestonhunter · Accepted solution]

John bought a car. He paid a lot for it. He went back to the auto dealer, explaining that he paid a lot for the car, and insisted that the dealer also give him a fancy stereo system at no extra cost.

Do you think John got the stereo system for free?

[rajhean]

Great point!

[tlbp]

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Rajhean R wrote:

Hi Joanne!

Yes, I did just that. The client admitted that it was an oversight on their part but went on to say that they felt they were more than generous with the budget. I don't agree, I felt like they paid me what the art is worth based on the industry rate, but now they want a free new concept design.

I feel like I am being forced to do this and please them because it may bring my score down.

---

If you have been fully paid for the work you completed, inform the client that you are not available to do additional tasks and close the contract after taking screen shots of the conversastions that request you to work for free. If they give you a bad review, use your Top Rated perk to remove it. If they attempt to get a refund, dispute it. If they still try to get a refund, pay the $291 to go to arbitration and kick their butts. 

[prestonhunter]

I read the description of events. I hope for the client's sake that he doesn't try to go for arbitration. Because the client would lose terribly.