Do Upworks client TOS state what a reasonable response time is to freelancer request?

[ri3dviz]

Just wonder if there is anything in the TOS as to how long is acceptable for clients to respond to a freelancer request for information, review, feedback on a job in progress etc.

Thaks.

[martina_plaschka]

No, that would be ludicrous. Upwork does not interfere between client and freelancer and how often or how they communicate, with the one exception of keeping everything on upwork before hire. They work on the assumption that both client and freelancer are professionals. 

[ri3dviz]

With all due repects breech of contract law says differently. You cannot prevent a vendor from doing their job because you're non-responsive. A contract is not a one sided affair, I'm in the USA I don't know about other countries.

[prestonhunter]

This is not about "breech of contract."

Upwork is a software system, supported by personnel.

By definition, it can't define "reasonable."

The answer to the original poster's question is:

"It doesn't matter."

When I work on an hourly contract, I do my work, and I get paid. Any response from a client is irrelevant.

When I work on a fixed-price contract, I do my work, and I get paid.

Automatically.

If the client does nothing, then Upwork releases all escrow money to me automatically.

If client feedback is required as part of the project, I set things up so that such feedback takes place IN BETWEEN milestones. That way I am never in a situation where I need to wait for the client to do something in order to get paid for my work.

[ri3dviz]

Of course it maters, if completing the job requires client approval on phases of the contract and they fail to respond you're out time and money as a freelancer. In the USA that is a breech of contract and any judge would see it that way.  I have sued and won in court for that exact breech. Upwork doesn't control my ability to take one of their users to court.

[martina_plaschka]

You mean breach not breech. 

You are obviously free to take legal action against anyone you wish. Upwork will not interfere with that either. 

[ri3dviz]

Whatever I'm not here for a spelling check. The fact is you chimed in saying it was a rediculous question when in fact it's not.

[ri3dviz]

Upwork "can't" interfere. Why are you in this thread I asked a simple question you called it  ludicrous.
It's not, it's a straight forward question and if they don't have terms of service that control client behavior then why not?

[feed_my_eyes · Accepted solution]

There's nothing in the terms of service that requires clients to respond to messages within a certain period of time. You're free to set up your own contracts with clients and take them to court if you think it's worth your while.

[ri3dviz]

Thank you, If there's not terms in TOS for client behavior there should be. Just sayin.

[prestonhunter]

You may feel that it "should" be there.

But it can't be. 

And it doesn't need to be.

If the client does nothing, then I get paid for all of my work.

I am not losing any time or money if a client disappears completely and never responds or never answers questions.

As a freelancer, I lose nothing.

That is how hourly and fixed-price contracts are structured on Upwork.

Your concern is valid, but it has already been addressed.

[ri3dviz]

The client can try and claw back the money can't they? They can file a dispute can't they?

[prestonhunter]

It is possible for clients to file disputes and it is possible for clients to try to clawback money. I don't look at those things as being connected to the concern about a client not responding to a freelancer's questions.

When I think of clients who don't respond at all, I think of clients who have disappeared completely. I think of clients who aren't monitoring the Upwork channels at all. So I assume that they aren't going to dispute a freelancer's hours. And they aren't going to dispute a freelancer's fixed-price milestone submission.

It is Upwork's intention that freelancers get paid even if a client does nothing. That is how things are set up right now. Because that is how the Upwork system is ALREADY set up, I don't see any reason why Upwork would need to "define" a reasonable time to respond.

If a client submits a fixed-price milestone, Upwork automatically releases the escrow money after 14 days.

That is sufficient, isn't it?

[ri3dviz]

No not really. Say you have a client that deposits money into escrow, they say the need the project in a week you work on it and they disappear for 10 days, then they come back and say we need to review your progress and you'll have to work with our time frame as to when we respond. In that case the freelancer has invested time = $$ and they're essentially at the mercy of the clients whims, especially if they don't want to ruin the client freelancer realtionship.

At what point does it become abuse? I would argue that is abusive and also a "breach" of contract law,

[moonraker]

---

Robert I wrote:

In that case the freelancer has invested time = $$

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For which the freelancer gets paid in most cases, unless there's a dispute. And there are protections in place for freelancers.

[feed_my_eyes]

I'm not at the mercy of anyone's whims. If a client makes unreasonable demands, I'm free to end a contract at any time. And being a top-rated freelancer - as you are - you can even remove occasional bad feedback reviews. If you find yourself working with unreasonable clients more than occasionally, then you need to improve your vetting. 

[ri3dviz]

• We collect this escrow deposit to confirm your client's ability to pay, but payment is dependent on your client's satisfaction with your work.
  
  This is from the TOS.
  
  

[ri3dviz]

And this, which then can lead to arbitration:
While our goal is to help you build strong relationships, we recognize that sometimes things simply don’t work out. If a client refuses to release funds or requests an escrow refund for a milestone that you’ve completed, you can file an escrow dispute. The disputed funds will remain in escrow until a resolution is reached. To learn more about the escrow dispute process, click here.

[moonraker]

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Robert I wrote:

 and if they don't have terms of service that control client behavior then why not?

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Becasue that would be... ludicrous.

It would be ridiculous to expect a client to respond within a particular time frame. They are busy with other tasks. They are also human and have breaks, go on vacation, fall ill, and so on. Or maybe they've just changed their minds and don't feel like going ahead with the project. Regardless of the reasons, they absolutely should not be forced to respond because some freelancers are impatient.

If you don't have what you need to continue then wait. It's as simple as that. Welcome to freelancing.

[ri3dviz]

I'm 64 I've been freelancing for over 40 years, as a consultant in house to some of the biggest companies on the planet and in my own work space. I have also sued and won breach of contract cases for exactly what I'm saying. There is nothing ludicrous about it.

[moonraker]

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Robert I wrote:

There is nothing ludicrous about it.

---

You want to sue clients for not responding to you quick enough, and we're supposed to think that's reasonable?

I don't care who you've alledgedly sued in the past. It is utterly nonsensical to expect such a thing on a platform like this. I say that as a freelancer and a client.

But I'd like to see you try to sue them. For our amusement.

[ri3dviz]

It's not about quick enough it's about impacting you financially which is considered damages in a court of law. You have to know your rights to protect your rights. if you want to be abused that's a choice. You don't even live in the USA, but you can read about what constitutes a breach of contract here in the USA.

[prestonhunter]

Lawsuits have no place on Upwork.

[ri3dviz]

Yes I know that. I asked a simple question does Upwork have TOS about response time. That's it.

[kochubei_valeria]

Hi Robert and others,

Upwork TOS as well as Help articles outline processes around payments and protection for Hourly and Fixed Price contracts. Both contract types involve defined client review periods during which the client can review time logged in the Work Diary or work submitted for a milestone (depending on the contract type.) 

That said, the terms of any contract, including scope, deadlines and due dates for milestones, preferred communication tools and cadence, are for clients and freelancers to decide upon together. It's best practice to document them in the contract offer and reference them if any issues arise later. If either party is not satisfied with the terms and expectations outlined in the offer, they can negotiate different terms or find a project or candidate they consider to be more suitable.

 I'd like to note that a few comments have been removed from this thread as they were in violation of the Community Guidelines and the thread has been closed from further responses. While we encourage discussion, feedback and  allow criticism, posts that come without constructive feedback or are disparaging of other members won't be allowed. Forums like the Community are at their best when participants treat each other with respect and courtesy.
We do appreciate your participation, so please be considerate of this in your future replies.