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mahiadel
Community Member

The client ended the contract after taking the work and didn't pay the rest of the milestones

I was writing a children's book for a client and after submitting the work for the client to review, she took it, said there was no needed edits and didn't pay the rest of the milestones. She just paid the first milestone which was less than third of the total. 

 

The problem is that the rest of the payments of the milestones were not funded. I've tried to reason with her, but in vain. What can I do? 

10 REPLIES 10
g_vasilevski
Retired Team Member
Retired Team Member

Hi Mahi, 

I`m sorry about the inconvenience this had caused you, unfortunately only funded milestones are eligible for our Upwork Payment Protection.
In order to be protected you milestone needs to be funded and you will need to submit your work on the official milestone, to learn more about this check out our guide Fixed-Price Protection for Freelancers
Please send me a PM(click on my name) with the contract ID and our team will review the client further.

~ Goran
Upwork

Dear Goran,

 

Thank you for answering me. 

 

I'm trying to send you a PM, but it says that I don't have enough priviliges! What can I do?

Hi Mahi, 

Our team will reach out to you via ticket and assist you further.

~ Goran
Upwork

Thank you Mr. Goran. I'll be waiting.

petra_r
Community Member


@Mahi A wrote:

Thank you Mr. Goran. I'll be waiting.


 What will you be waiting for? Upwork will not make the client pay you more than the first milestone...

mahiadel
Community Member

Thank you for the support! 

I've sent you a PM, Goran.

 

Thank you very much.

petra_r
Community Member


@Mahi A wrote:

 

The problem is that the rest of the payments of the milestones were not funded. I've tried to reason with her, but in vain. What can I do? 


 Nothing anyone can do. If you work on unfunded milestones, you risk not getting paid.

If that is  risk you are not willing to take, only work on funded milestones in future.

 

The User Agreement clearly says

 


Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. ... If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

Does that mean the client cannot publish the full book without OP consent since only parts of it was paid for?


@Jennifer R wrote:

The User Agreement clearly says

 


Upon Freelancer’s receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. ... If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.

Does that mean the client cannot publish the full book without OP consent since only parts of it was paid for?


 It depends on how the milestones were phrased... If the first milestone was called "Writing the book" then that was done and paid so it is the client's.

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