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edvardas09
Community Member

Refund after contract has ended

Hello, I have a situation. I had a contract to create a vr experience, I did it, send it to client, he was very happy and payed me, contract has ended. After a month or so, he contacted me again and said that he needs a code of how I did it, but I don't have it anymore, because I though that contract is over and I have deleted it (tried to recover but it didn't work) and now he wants full refund. Can he do that?
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petra_r
Community Member


Edvardas S wrote:
Hello, I have a situation. I had a contract to create a vr experience, I did it, send it to client, he was very happy and payed me, contract has ended. After a month or so, he contacted me again and said that he needs a code of how I did it, but I don't have it anymore, because I though that contract is over and I have deleted it (tried to recover but it didn't work) and now he wants full refund. Can he do that?

The client clearly "can" (as in "is physically capable of" request a refund. Whether anything comes of it is another question.

 

It's unfortunate that the client is unhappy now, but the official dispute deadline has probably passed (30 days after funding of the last milestone...) and the client could, at best, ask for non binding mediation.

 

Was "code" part of the deal or is it usually part of the deal?

Since I am new to upwork, I don't know is code usually is part of the deal, but in contract is said, that only experience (game) is needed, so it doesn't say anything about the code and client didn't ask for it when completing last milestone or marking contract as completed.

Not referring to any specific situation, but speaking generally:

 

It is very unwise for any client to close a contract without getting what they want.

 

If I hire a freelancer, and he does some work for me, and I close a contract, then as far as I am concerned, the contract is over. Even though Upwork's rules say I have a certain number of days within which I can file certain types of actions such as disputes, etc., I'm not going to even think of doing so. The time to get files or ask the freelancer to do something is BEFORE the contract is closed. BEFORE final payments have been made. BEFORE feedback has been given.

 

What if I travel to Paris and stay in a luxury suite at a hotel? Then I check out. The next day, if I return and ask to go to up to the suite so I can take a selfie... will the hotel let me do that? MAYBE. But also: maybe NOT. What if there is someone else already in the suite? What if it simply is their policy to not hand out keys to random people who aren't paying guests?

 

The time to take that selfie was BEFORE I checked out of the room.

 

A freelancer who deletes his files and can't provide them later to a former client? Maybe that is a very silly freelancer. Maybe not. Maybe in the future that freelancer will do what I do, which is to archive files in order to be able provide better customer service. 

But this is the client's problem. Not the freelancer's problem.

 

A freelancer is not OBLIGATED to do anything on behalf of the client after the contract is closed. Just as the hotel is not obligated to let me back into the suite to take photographs after I check out.

Thank you for your answer.

I will archive all projects from now on, I really don't want this kind of problems

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