Disgusting client

[karishma_ahir]

I have sent 5 designs of t-shirts to "graphic designer for t-shirts" and he had replied to me that my designs are wonderfull. But he did'nt give me opportunity. Because I have sent him my original 5 designs of t-shirts. Is he fraud or not?

[ceefaeca]

To my understanding, you still have all rights for your original design and the person cannot legally use them.

[sjbercot · Accepted solution]

I'm sorry this happened Karishma. You should know that it's against the ToS for clients to ask for free work, which includes samples. If you want to be sure you will be paid for your work, never submit work without a contract and fully funded milestone (or an hourly contract). Make sure you have a great portfolio that clients can use to evaluate your style and whether or not it will be a good fit. 

This client also doesn't own your work, so can tell them they can't use it.

[karishma_ahir]

SEE ATTACHED FILES.

HE DIDN'T REPLY ME AFTER.

I HAVE SENT HIM 5 BEST HIGH QUALITY DESIGNS.

[PradeepH]

Hi Karishma,

I checked and noticed that the reported job is already removed and appropriate action has been taken on the Client's account. Please note that we do not encourage Freelancers to submit samples or test designs to the Client before they are hired as this may lead to non-payment for the work.

Thank you.

Pradeep H.

[wlyonsatl]

Pradeep H.,

If the client's account has been removed, how will Karishma communicate to allow Karishma to be paid, if the client does the right thing? Or locate the client if Karishma wants to try to track whether he's using her unpaid-for work?

[prestonhunter]

Will:

You pose interesting questions here.

Upwork's primary responsibility here is to help maintain the quality of the platform as a whole. This means that Upwork has removed the account of a "client" it has found to be harmful or fraudulent. That is the right thing to do.

The original poster used Upwork incorrectly, and I hope that she has learned from her mistakes here. Upwork has no further responsibility to the original poster in this matter.

If the the original poster wants to put these T-shirt designs into her portfolio, she is welcome to do so.

[petra_r]

---

Preston H wrote:

 This means that Upwork has removed the account of a "client" 

---

Are you sure?

The job post has been removed. That doesn't necessarily mean the client has been... Generally clients are told that they're not allowed to ask for free samples and get a slap on the wrist for a first offence. 

[prestonhunter]

Petra:

You asked:

"Are you sure?"

Yes.

I was replying to Will's post, which begins:

"If the client's account has been removed..."

So I was addressing a hypothetical which has, as its core premise, a client's account being removed.

The main point of my post is that although certain ramifications of such a removal may be interesting to ponder, and may indeed to potentially problematic for an individual freelancer, if Upwork has removed a client account, they have done so for a reason. And that reason outweights the (tiny) possibility that a freelancer such as the original poster might be able to get money from the client by persuading the client to do the right thing.

[wlyonsatl]

Preston,

I see where Upwork encourages freelancers to provide to prospective clients "Portfolios and samples of past work."

https://support.upwork.com/hc/en-us/articles/360049608113-Sharing-Information-on-Upwork

But after a quick look, I can't find any prohibition against a freelancer sending sample work specific to a client's specific requirements. Experienced freelancers would likely not do such a thing because they know doing so could turn into free work with a fraudulent client.

But that only means it's not a good idea, not that Upork has specifically stated it is a violation of Upwork's TOS to do so.

Using Upwork "incorrectly" is not necessarily a TOS violation either.

[abinadab-agbo]

Everything is not in the ToS.

Routinely submitting free work, even when not asked, might not be a ToS violation.

But it leaves the impression someone is circumventing and could lead to a suspension.

At least a few accounts have gone down this way.

[wlyonsatl]

How do you know, Abinadab, that "At least a few accounts have gone down this way."?

If a freelancer account has been removed by Upwork that freelancer would not have access to this board to talk about their removal. 

Do you personally know a freelancer who has been kicked off Upwork for providing prospective clients with pre-contact free samples?

[dataextract]

Clients asking for FREE samples / work is against ToS of Upwork.

Whereas freelancers providing free samples isnt against the ToS. 

[abinadab-agbo]

---

@dataextract wrote:

Clients asking for FREE samples / work is against ToS of Upwork.

Whereas freelancers providing free samples isnt against the ToS. 

---

 I believe there is no argument over this point.

It is clear.

However, a freelancer can get suspended fo having an OVERWHELMINGLY high number of interviews without getting a contract.

Such a suspension would have circumstantial evidence of circumvention as the reason.

Such a scenario may or may not involve offers by the freelancer to work for free.

In short, action (suspension or setting private) will be taken on your account if you openly advertise on your profile that you're here to do unpaid charity work.

I know at least one freelancer who did just that and reported such action from Upwork here.

Maybe a couple on other fora?

Such disciplinary action would not be based on the ToS, but on the spirit thereof.

Of course in no way, shape or form can the OP here be said to have broken the ToS.

She was merely a victim of the unscrupulous individual who was actuarily doing the breaking of the ToS.

[karishma_ahir]

But I never did that. I have given free samples only after the
customer asks for free samples.

Please see my attached chat.

[abinadab-agbo]

---

Karishma H wrote:
But I never did that. I have given free samples only after the
customer asks for free samples.

Please see my attached chat.

---

This is clear.
You did NOT violate the ToS.
The client who asked you to provide free work, did.

[prestonhunter]

In pointing out that the original poster used Upwork incorrectly, I am definitely not saying that the original poster (a freelancer) violated Upwork ToS or that she should be penalized by Upwork in any way.

This simply means that she worked for free and regrets doing to. She did not fully understand how Upwork works. She would have been better off simply referring a prospective client to her portfolio. Of if she did decide to work for free on behalf of the client, by creating custom sample and sending them to him, she should have - at the very least - done so while understanding that the client is under no obligation to pay for such work.

[abinadab-agbo]

---

Pradeep H wrote:

Hi Karishma,

I checked and noticed that the reported job is already removed and appropriate action has been taken on the Client's accout.

---

Please define "appropriate action".

[tlbp]

---

Karishma H wrote:

I have sent 5 designs of t-shirts to "graphic designer for t-shirts" and he had replied to me that my designs are wonderfull. But he did'nt give me opportunity. Because I have sent him my original 5 designs of t-shirts. Is he fraud or not?

---

The only way you can get paid for work you do via Upwork is to enter into a contract. If you skip that step, you are likely to end up working for free. Sometimes clients make a mistake. Sometimes they are intentionally tring to scam  you.
Check out the resources here to make sure you understand how to avoid similar situations in the future. 
https://community.upwork.com/t5/New-to-Upwork/Getting-Started-on-Upwork/m-p/264214#M2460