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wickettdesign
Community Member

Free sample / how to report client

Hi all,

 

I have just had a conversation with a client requesting a 15 second "free sample". As a motion graphics designer, this is a rather substantial piece of work, so it instinctively felt very wrong.

 

After Googling and finding several other threads about free work, I saw this is a regular problem on Upwork. 

 

I'd like to know if this response is reasonable to keep me safe behind the ToS? I'd also appreciate direction to the ToS where this is stated, as I had to reference a forum post in my response. Is there an easy way to report this client? Finally, what happens to my connects in a situation like this? I was of course unaware from the brief that this would be a dodgy client, and feel hard done by losing connects as a result.

 

Thanks,

Ben

**Edited for Community Guidelines**

 

ACCEPTED SOLUTION
petra_r
Community Member


Ben W wrote:

 

I'd like to know if this response is reasonable to keep me safe behind the ToS? I'd also appreciate direction to the ToS where this is stated, as I had to reference a forum post in my response. Is there an easy way to report this client? Finally, what happens to my connects in a situation like this? I was of course unaware from the brief that this would be a dodgy client, and feel hard done by losing connects as a result.


What you wrote to the client isn't really accurate.  You claim that it is a violation of the ToS to offer a free sample (it is not) and that "you'd both get into trouble" (you wouldn't and the client would, at worst, have their job post taken down)

 

The way to report it is to flag the job post as inappropriate and complete the field with what happened.


The client is also not necessarily dodgy, the client likely just doesn't know. Friendly and polite advice usually works better than reporting and making claims that aren't quite accurate.

 

You can just refer the client to your portfolio.


My way to deal with this, is to say "Hi Freddy, sure, I'd be happy to create that 15 second clip for you! The cost for that would be $ XXX, I'll start as soon as you set up the contract and can have it finished for you by this evening."


That tells the client that you don't work for free without getting all hot under the collar and mentioning violations and sanctions and what have you.

 

The relevant part of the ToS is here - 4.1 Prohibited site use

 

  • Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;

 

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5 REPLIES 5
petra_r
Community Member


Ben W wrote:

 

I'd like to know if this response is reasonable to keep me safe behind the ToS? I'd also appreciate direction to the ToS where this is stated, as I had to reference a forum post in my response. Is there an easy way to report this client? Finally, what happens to my connects in a situation like this? I was of course unaware from the brief that this would be a dodgy client, and feel hard done by losing connects as a result.


What you wrote to the client isn't really accurate.  You claim that it is a violation of the ToS to offer a free sample (it is not) and that "you'd both get into trouble" (you wouldn't and the client would, at worst, have their job post taken down)

 

The way to report it is to flag the job post as inappropriate and complete the field with what happened.


The client is also not necessarily dodgy, the client likely just doesn't know. Friendly and polite advice usually works better than reporting and making claims that aren't quite accurate.

 

You can just refer the client to your portfolio.


My way to deal with this, is to say "Hi Freddy, sure, I'd be happy to create that 15 second clip for you! The cost for that would be $ XXX, I'll start as soon as you set up the contract and can have it finished for you by this evening."


That tells the client that you don't work for free without getting all hot under the collar and mentioning violations and sanctions and what have you.

 

The relevant part of the ToS is here - 4.1 Prohibited site use

 

  • Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;

 

To quote the response in the forum post I linked him (posted by you I believe!) : 

 

"Asking for free samples is a violation of Upwork's terms of service"

 

Perhaps it was a little presumptuous to suggest he is dodgy as he may not know the rules. But in any situation it is ridiculously cheeky to ask for a 15 second motion graphics free sample!

 

I'll word my response a little better next time.

 

Thanks for your help.


Ben W wrote:

But in any situation it is ridiculously cheeky to ask for a 15 second motion graphics free sample!.


See, the client is hiring an expert like you because they don't know the first thing about motion graphics.

As far as they can know, making 15 seconds of wizardry takes 5 minutes 🙂 or less... As I said, assume ignorance, not malice to start with.

I had quoted to the client that it would take a week to complete a minute long animation, but yes I see your point, assuming ignorance will be the order of the day from now on!

 

In the latest update, the client has decided to continue with the proposal - he has just sent me a word document containing our "contract" - what is the correct course of action here? Politely explain that the contract is only through Upwork?

I may just leave this one as it seems more hassle than it's worth! 


Ben W wrote:

I had quoted to the client that it would take a week to complete a minute long animation, but yes I see your point, assuming ignorance will be the order of the day from now on!

 

In the latest update, the client has decided to continue with the proposal - he has just sent me a word document containing our "contract" - what is the correct course of action here? Politely explain that the contract is only through Upwork?


Is the client new? Just tell him that's very nice, and to please hire you using the HIRE button.


Send him this link https://www.upwork.com/hiring/startup/hire-freelancer-5-simple-steps/

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