vdubeau
Member

Ending a fixed-price contract

I have a fixed-price contract where the client has been unresponsive for the past 3 1/2 weeks despite leaving him messages. No work was done as I keep trying to talk with him about details and options on how to do things. I will probably end the contract on th 14th as it will then be a month.

 

If I end the contract will his escrow payment be automatically refunded? I certainly don't want to keep it. What affect will in have on me if I end the contract?

 

Thanks to all.

"Remember, no matter where you go, there you are."
Buckaroo Banzai
2 REPLIES 2
mtngigi
Member

Vince,

 

Send this to your client as a last-ditch effort. I had to do this with a client and it helped - he was very nice but the job was dragging on and on and was actually getting close to 90 days. Don't know if it will help in your case, but it may be worth a try.

 

3. Dormant Engagements

To be fair to Clients and Freelancers, Upwork has a procedure for Fixed-Price Contracts that appear Dormant. For purposes of determining Dormant status, “activity” means business term or milestone updates or requests, Fixed-Price Escrow Funding, Fixed-Price Escrow Release, Fixed-Price Escrow Refunds, Funding requests, Release requests, Engagement Cancellation requests, Status Report submittals, or actions under the Fixed Price Dispute Assistance Policy.

If a Fixed-Price Contract has a Fixed-Price Escrow Account with a balance but has had no activity for 90 consecutive days after the last milestone date contained in the business terms, then the Engagement will be “Dormant.” Dormant Engagements are subject to the following rules:

  1. Upwork will notify Client when the Engagement becomes Dormant (“Dormant Date”).
  2. If no activity other than Release requests has occurred within 7 days after the Dormant Date, Upwork will notify the Freelancer that the Engagement is Dormant.
  3. If Freelancer and Client take no action for 7 days after the Dormant Date, Freelancer and Client agree that Upwork Escrow is authorized and irrevocably instructed to immediately release escrow funds to Client.
  4. If Freelancer submits a Release request and client does not take any action for 14 days from the date of the Release request, Freelancer and Client agree that Upwork Escrow is authorized and irrevocably instructed to immediately release to Freelancer the amount related to the milestone with Release request.
  5. All funds released to Freelancer under this Section, Dormant Engagements, will be subject to the applicable Service Fees for Freelancers.

Here's the whole thing, if you're interested:

 

https://www.upwork.com/legal/fp/

kochubei_valeria
Community Manager
Community Manager

Vince,

 

If you completed the work for the funded milestone, you can submit it via the system and request to be paid. The money will be released to you 14 days later if the client never replies.

 

If the milestone wasn't completed and you'd like to have the money in Escrow refunded to the client, you can just close the contract. When the freelancer closes the contract, the money in Escrow is refunded to the client.

~ Valeria
Upwork