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My NEW client from india has changed the agreed terms of service, this hurts me!

ctgfranco
Active Member
César G Member Since: Jan 7, 2019
1 of 3

I'm seeking professional help here, some upwork support.

Hello, My name is César González Franco and I'm a designer, vfx, video editor and I love working on this platform. My problem is that I agree to create a video (very simple as discussed in messages) for $600 and now (4 days later) they have changed the terms, now is not a video, it's a full motiongraphics and they don't have a storyboard, they have been asking for a lot of changes.


A motiong graphics animation for the same leght (video time) cost almost the double $1200 and this situation it's killing me because I don't want to cancel the project and have a negative review or something.

 

And yes, I would like to cancel the project and I will lose 5 days of work because of this client.

 

Can someone PLEASE help me?

Thanks a lot. 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
BEST ANSWER
2 of 3

re: "My NEW client has changed the agreed terms of service"

 

Um... What do you mean by that? It makes no sense.

 

A client can not "change the agreed terms of service" after a fixed-price contract has been agreed to.

 

That is not how fixed-price contracts work.

 

re: "...and now (4 days later) they have changed the terms, now is not a video, it's a full motiongraphics and they don't have a storyboard"

 

This is simply nonsense.

A client can not "change the terms".

 

re: "they have been asking for a lot of changes."

 

In a fixed-price contract, a client can not ask for a lot of changes. A client can not ask for ANY changes.

 

That is why they call it a "fixed-price" contract.

The client and freelancer agree to a FIXED price in order for the freelancer to do a FIXED task.

 

"Fixed" is the opposite of "change."

 

Which means there are only two possibilities:

a) You are making up a silly story just to prank us

[or]

b) You are working with a client who has an insane, preposterous understanding of how fixed-price contracts work.

 

I do NOT think that you are making up a story. I think you are telling us the truth about what happened.

 

I don't know all the details about your situation, but this is what I think you should do.

 

FIRST:
You need to understand that what this client did is NOT acceptable.

 

SECOND:

You need to understand what a client SHOULD DO if the client wants changes:

It IS OKAY for a client to change her mind about what she wants with a fixed-price contract. If a client changes her mind about what she wants a freelancer to do, here is the proper procedure:

a) The client should release all escrow money to the freelancer.

b) The client should close the contract, with accurate, positive feedback that reflects the work done by the freelancer.

c) The client should then ask the freelancer if he is willing to accept a new contract - either fixed-price or hourly, as he prefers - to do the new work that she wants done.

 

THIRD:

NOW THAT YOU UNDERSTAND how things are supposed to work, I believe that you should give the client an opportunity to do the right thing.

 

Tell the client:

 

"Josephine:

Thank you for the opportunity to work on this project. I understand the changes you want to make to this project. Yes, I can do those things. You can go ahead and release the current escrow payment and then close the contract. After you do that, I can complete the project exactly the way you describe if you set up a new hourly contract or a new fixed-price contract for $600. Whichever you choose is up to you."

 

Then you wait.

Do NOT do any more work on the project.

The client then has THREE CLEAR choices:

- release escrow money and set up an hourly contract for you

- release escrow money and set up a fixed-price contract for you

- you do nothing further on the project

 

If you don't hear from the client for a few days, then you should click the "Submit Work for Payment" button.

 

Remember:

You must not criticize the client.

You must be polite and professional at all times.

This is not a negotiation.

This is not an argument.

You are explaining what the client's options are.

 

The client can not get any escrow money back unless you agree to refund the money back to her.

 

I know you said you would like to cancel the project and lose 5 days of work.

YOU HAVE THE RIGHT TO DO THAT.

But I don't think you should do that.

I think you should get paid for the work that you have done.

 

If the client releases all escrow money to you and closes the contract, then you can leave feedback, and you can view the feedback that the client has left you. After you do that, you can make YOUR OWN CHOICE about whether or not to accept a new contract working for this client further on the project.

 

If the client does NOT release all escrow money to you, then you may choose to dispute her non-release of payment.

 

https://support.upwork.com/hc/en-us/articles/211068528-Dispute-Non-Release-of-a-Milestone-Payment

 

You will still have the opportunity to DISPUTE or CANCEL the project yourself. But you have nothing to lose by FIRST giving the client the opportunity to do the right thing by releasing all escrow money to you and closing the contract with accurate, positive feedback.

View solution in original post

ctgfranco
Active Member
César G Member Since: Jan 7, 2019
3 of 3

Yes, I will do just what you said. The project is now "changed" because they wanted to... and there's no an aditional contract, no more explanation than that. 

 

I deeply thank you from the bottom of my heart.

 

Thanks a lot.

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