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jaime2039
Community Member

The right way to “break up” mid-job

Hi there! Would love your advice/best practices on this one...I’m definitely struggling quite a bit with my own personal feelings towards the situation. 🙂

I’ve been on Elance/Upwork for about 8 years. I’m a Top Rated freelancer with several hundred jobs under my belt — and I’m the first person to refund 100% of a client’s money if they’re unhappy.

Granted, this has maybe happened twice or three times in my years on the platform, with hundreds of clients during that time. But even if the work is complete, I’ve always felt that these are (mostly) small, self-funded businesses and those dollars count — I never want to feel like someone didn’t get what they paid for.

This week, though, I’m dealing with a different scenario. I’ve been working with this client for about five weeks. We have the upwork proposal in place but, also, I put together a through overview of the specific deliverables so there was no confusion (the job post was vague).

The first piece of this project was a branding review and, from there, a full brand book — new mission, positioning, logo, fonts, color palette, etc. We shared pieces with the client to get initial feedback here and there and got virtually nothing — usually a “we like #3” or “we hate 5” even when pushed for more color/insights. The most we got was, “I’m happy with what I’m seeing.” Positive, at least!

Even so, we felt we had their thumbs up on enough elements so finalized the brand book with the intent of getting sign off then moving into site copy.

Do you know the feeling when you send AMAZING work? That’s how I felt firing off that brand book. The logo came out just beautifully (they agreed), the content was strong and the book itself was gorgeous — our main designer is a 20-year veteran from the beauty industry, who’s worked for major mass beauty brands.

The client responded and asked for the packaging design — this was not included in our SOW. I explained that and he said he’d shared their old packaging (jars) and to just mock up the logo and our creative vision on those jars. I agreed and, over the weekend, our designer created three mocks for the jar, three for the exterior packaging and one lip option. They were stunning and we sent them off.

The client immediately responded and ripped us apart. He said the packaging was garbage, we took none of his feedback into account and that, now, he’s second-guessing all of the work because we clearly don’t “get it.” However, again no specific notes were shared. When I apologized for his disappointment and asked for notes so we could revise, he said he’d shared their clean, beautiful former packaging and ours looks like our designer “had 10 other projects on deadline and simply threw up every visual piece of the brand on the packaging.”

I showed several people the original and the new designs, and they’re very much in line — ours, of course, includes the new logo and approved brand visual, colors and fonts. Otherwise, though, they’re very much in line. Any closer and why redesign the packaging, really.

I asked to get on the phone several times and he ignored my ask. The client now insists he’s been giving amazing feedback this entire time and we’re just ignoring it so we can bill more — it’s an outrageous comment, and certainly not true. I’ve asked him to review the last four weeks of tracking and note anything he feels is redundant and I will refund that time.

He, though, still has provided no feedback except the “threw up” comment. We’ve let him know we’ll hold until we hear back — that we’re happy to do a free round of revisions or happy to refer him elsewhere and wrap up the job on our end. At this point, we’d be guessing and wasting his time, too.

Normally I would offer a refund but this is a team project and I have to pay my designer for her (amazing) work. While I’ve billed about $2000, this is less than they’d likely pay for a quality logo design — and, at this point, that’s approved and I am happy to turn it over to them. They, though, feel like they’ve been ripped off.

I spent lots of time reviewing all messages in the workroom and I’m stumped. The feedback is sparse and not specific. For example, he gave me a list of potential brand names so we rotated them through the deck (in visuals) and shared a page with each mocked with the approved logo. After a round or two he sent a very angry note saying they chose a name the prior week, why am I still using all of the names? I looked back and never saw a final choice, so I asked which name they’d settled on, apologizing if the confusion was on my end. He never responded. I asked again, still nothing — he responded to other questions, though.

When we sent the updated deck I indicated all names were included but we could update based on their final choice. Within minutes I received an angry note saying they’d picked a name, why wasn’t that the only name here, was I not listening, etc. There was zero regard to the fact I had just asked repeatedly with no response.

At this point I feel like we can’t recover from the lack of trust on his end — but even if we could we will likely keep hitting this wall. I think he’s a client who wanted that “wow” moment. Sometimes it’s real! But often getting that moment is the result of collaborative work between client and freelancer. He’s, though, waiting for that lightening to strike.

I can’t refund his money — for what I’ve billed and what I paid my designer, I am breaking even at this stage. I stopped billing for my time because he was questioning everything in the tracker — given the scope of the project I expected to generate personal revenue from my more labor-intensive work (copywriting) which I would be handling myself.

That said, they’re unhappy and feel they have nothing usable — and that makes me feel terrible. What should I do? I hate feeling like another person things they were somehow taken advantage of. We put so much into this — and we work with many, many other beauty brands who are thrilled with the work. It’s just not a good fit, and I think they’ll run into the same issues with other freelancers.

Thoughts? Open to suggestions...but really want to be fair and appropriate here.
21 REPLIES 21
petra_r
Community Member

Can I just ask if this was an hourly contract?


Did you track your time (not use manual time?)

 

Thanks, Petra!

It is hourly, though the SOW outlines estimates for each project element (we are significantly below those estimates). I was tracking manually but — Oy! — there was an issue with the tracker and no time logged for the first week. Upwork looked into it and helped me get the client to ok manual time, given the issue.

Those hours were logged manually, but the remaining has been logged using the tracker.

You are top rated, so if you need to break up with the client you could use your perk to exclude the contract from your JSS calculation if you haven't used it in the last 10 contracts and 3 months.

 

If the relationship has irreperably broken down, it might be better to end it now rather than let it drag on.

 

I am a little puzzled who actually tracked the time? Was that you or was that your designer?

Thanks! Understood on the Top Rated option (I’ve never used, but was aware). I guess I’m more concerned about what’s right. Would you guys refund any/all of their payment and take the hit? Or are you of the mindset that work was delivered and should be paid for? I’m just really struggling with that from a personal perspective.

I wouldn't refund all of it, the logo was fine and accepted by the client, wasn't it

 

I am a little puzzled who actually tracked the time? Was that you or was that your designer?

 

tlbp
Community Member

If you chose an hourly contract and didn't use the time tracker, Upwork will not back you. You are going to lose the $. If you planned to bill using the hourly format for work that was done by someone else, Upwork will not back you because that choice would violate TOS. You can only outsource or subcontract if you use a fixed price contract. The client may very well have decided to steal the work or he may have planned to steal it all along. But you aren't going to have official Upwork recourse if you didn't play by the Upwork rules. (I didn't read closely enough to determine exactly how you set everything up.) Maybe you are referring to agency freelancers' billings? 

jaime2039
Community Member

Thanks! We have two contracts running, both through an agency account. Just to clarify. 🙂

Appreciate your notes. Just trying to be fair and empathetic...I can’t gauge if they’re just unhappy with everything (their prior visuals, etc were really...rough...) or if they really feel like we’ve taken advantage/delivered poor work. If it’s the latter, it’s a bad feeling and I certainly don’t want to be the root of that. I’m sure you guys understand!
tlbp
Community Member

That's a tough one. I understand the impulse to refund, but at the same time have to wonder why the client didn't communicate better before he racked up a bill. (I've refunded $50 here and there, but $2k is a different animal.)

renata101
Community Member


Tonya P wrote:

That's a tough one. I understand the impulse to refund, but at the same time have to wonder why the client didn't communicate better before he racked up a bill. (I've refunded $50 here and there, but $2k is a different animal.)


I'm sorry this happened, but it might be an indication that you should look at your process for client approvals. The red flag for me in all of this is "vague communication," and it sounds like there was a pattern of that throughout the contract. It might be that you need to stress the need for clear approvals or create some documents that the client has to sign off on at each stage (if you don't have some in place). Then communicate to the clients at the outset that this will be part of the process and that they will be expected at certain stages to explicitly approve that they're agreeing to "X" creative development  before work moves forward. This might include having them individually initial particular aspects of the design (colour swatches, logos, comps, or whatever) so there's a clear track record of what they have approved. If they don't want to do that, you shouldn't start the work. 

There's a saying I like, which goes something like this: Don't look where you fell; look where you slipped.

Meaning: Where in the process do you get the sense things first started going off the rails? 

Hi, Renata! 

Thank you so much for your thoughtful response. Your comments really gave me something to think about...and I think you're absolutely right. Better to overcommunicate, overconfirm, overapprove...then not. In this case I do think we had enough to move into this stage -- they explicitly approved the logos, colors and fonts, and specifically asked we move into packaging. But, to your point, if I could produce that doc saying, "this was confirmed on X date, as is" it would be helpful -- and, selfishly, it would maybe alleviate some of my discomfort. 🙂 

 

Thanks again -- really appreciate the feedback!


Jaime H wrote:

Hi, Renata! 

Thank you so much for your thoughtful response. Your comments really gave me something to think about...and I think you're absolutely right. Better to overcommunicate, overconfirm, overapprove...then not. In this case I do think we had enough to move into this stage -- they explicitly approved the logos, colors and fonts, and specifically asked we move into packaging. But, to your point, if I could produce that doc saying, "this was confirmed on X date, as is" it would be helpful -- and, selfishly, it would maybe alleviate some of my discomfort. 🙂 

 

Thanks again -- really appreciate the feedback!


Glad it helped. Even though I'm, by trade, a "communications specialist," I still need to think through my own processes from time to time.  Also, people tend to do so many things by phone now that they may not acknowledge that what they're doing when they okay something is "formally" okaying it.

Don't think of it as "overcommunicating or overconfriming it," or overdoing anything. It's a way of signalling to your client that "this is a formal acceptance" and that there are some consequences to what they tell you at that point. It might be that by formalizing this step by supplying them with a document that says "you are accepting the proposed design and agree to pay for the development costs involved with us moving forward on it," you help your clients understand that they are formally communicating a desire to procede and all that goes with that acceptance.  Granted, there may still be people out there who will argue this, but then you can just pull up the documents and fire off an email.

You can also pull them out whenever they decide they want to change the colour scheme, the company name, or whatever part of the design they now decide they want done differently that is not what they initially told you. Changing any of these things is not as easy as clients often imagine.

If you and your colleagues did the work, don't refund a dime.

 

Clients should take responsbility for their role in your provision of a high quality product. That includes answering ALL of your questions clearly and on a timely basis.

 

You are a professional and know whether or not you delivered industry standard quality work. If you did, there is no reason to even consider a refund.

 

To paraphrase Abraham Lincoln, you can keep keep some clients happy with your work all of the time, and you can keep all of your clients happy some of the time, but you cannot keep all of your clients happy all of the time.

 

Close the project and move on if you are at an impass with this client. He isn't worth the hassle.

 

Good luck.

No refund.


When a patron orders food at a restaurant, he needs to pay for that food.

When a client hires a freelancer to do work, he needs to pay for that work.

 

These are not complicated concepts.

 

A patron who orders food and does not pay for the food is a thief.

A client who hires a freelancer to do work, and does not pay for the work is a thief.


Preston H wrote:

When a patron orders food at a restaurant, he needs to pay for that food.

When a client hires a freelancer to do work, he needs to pay for that work.

 

These are not complicated concepts.

 

A patron who orders food and does not pay for the food is a thief.

A client who hires a freelancer to do work, and does not pay for the work is a thief.


This is simply not true. It may well be true in the case of the OP, who really does seem to have ended up with a super difficult client, and I would not refund in her situation either, at least not all of it or even most of it, maybe for the part that was started and not finished because the work started is of little use to the client, but it is not true in all cases.

 

There are all sorts of situations where a patron who orders food and ends up not paying for it is not a thief, and all sorts of situations where a client who hires a freelancer and does not pay for the work is not a thief.

What a nightmare - I probably would have cut my losses and run for the hills a lot earlier in the process. Clients who expect you to read their minds are just way too difficult to work with and not worth the stress and anxiety, IMO. If it were me, I would refund the packaging design but not anything else.

 

I was once in a similar situation to this while doing a client's rebranding. The new logo was approved, they were happy with the branding guidelines, I had done print ads and Word templates, everything was rolling smoothly along. Then suddenly the president of the company started questioning everything. It turned out that he'd shown the new designs to his WIFE (who didn't even work for the company) and SHE didn't like them. When I asked what she didn't like, he was unable to articulate it - she just thought that their old branding was "better". I took a deep breath, asked for a meeting with him and we went over all of our previous brainstorming sessions and mood boards etc. and discussed exactly why these colours and fonts and looks had been chosen, and he calmed down and agreed that everything did meet their stated objectives, and then we got back on track (he only gave me a lukewarm review on Elance, though). So, just as a last shot, I know that your client has refused a conversation, but it might be worth sending him a written explanation of the thought process behind the designs (if you haven't already)?

 

And Preston, usually if you're at a restaurant and the food isn't cooked to your liking, they'll apologise and take it off your bill. That's just good customer service. Your position that clients should never ask for a refund under any circumstances continues to bewilder me.

 

Adding a bit of minutia to Renata's and Christine's words > always always follow-up any phone call, Zoom or Skype meeting with detailed notes which you share in the workroom.  This serves as validation of the your process and actions should the job end up in arbitration.

you'd be surprised how many clients in the graphic design  section are unprofessional (to put it mildly)
they rarely provide feedback and quite often couldn't be bothered to reply  at all - or just send you a message " I'm not really into it".  
job posts are two sentences max, budgets are two figures max - it's really shocking how many bad clients I  came across here...

re: "Your position that clients should never ask for a refund under any circumstances continues to bewilder me."

 

I'm just trying to look out for the interests of clients. So many regular Forum participants are freelancers. I think sometimes the client's needs and perspectives are neglected.

 

And I should point out that this is not my position. I regularly explain to clients how they can ask for a refund. There are indeed circumstances where I think a client should ask for a refund.

 

A more accurate description of my position is that clients should decide to never use refunds, disputes or arbitration. Clients should instead work with freelancers proactively and thoughtfully, reviewing work that has been submitted by freelancers, and quickly closing the contract on underperforming freelancers.

 

One of the most common causes of client disappointments and serious financial problems is when clients don't understand what services Upwork does or does not provide. Clients who think there is a "magic reset button" available through refunds or disputes are often extremely disappointed when they find out that they were wrong.


Preston H wrote:

 

A more accurate description of my position is that clients should decide to never use refunds, disputes or arbitration. Clients should instead work with freelancers proactively and thoughtfully, reviewing work that has been submitted by freelancers, and quickly closing the contract on underperforming freelancers.


I understand what you're saying, and perhaps it's not worth wasting your own time to enter into disputes when only small amounts of money are involved. But on the other hand, if clients hire freelancers who miss deadlines, or ignore instructions, or claim to have skills that they turn out not to have (to name but a few problems), then I think that clients should ask for a refund on principle. Because if clients go ahead and pay people despite their shoddy work, doesn't that only encourage these freelancers to stick around and continue to provide sub-par work to other clients?

 

Anyway, this has nothing to do with the OP, who sounds like they did provide good work but had the bad luck to be dealing with a difficult and unresponsive client. And in this case, your advice is also unsound. Clients should not quickly shut down a designer who doesn't immediately come up with exactly what they're looking for; they should be willing to provide feedback and respond to questions in order to get the best results.

re: "I think that clients should ask for a refund on principle."

 

Yes. That is exactly what I think so many clients are doing: They are doing things "on principle."


Which is exactly what I try to point out to these clients: They are NOT acting in their own best interest. They are NOT acting out of enlightened self-interest. They are NOT mercenary-minded or business-minded.

 

I feel like many clients are acting based on their feelings, and that those feelings are leading them to act "on principle." Even if it isn't the best, most cost-effective, most efficient thing for them.

 

I am a big supporter of benevolence and mentoring and helping others. But I think some clients misplace these admirable traits when it comes to asking for refunds and working with freelancers.


I love it if a client mentors youth or less experienced people in her local school or church or youth group or sports team, etc.


I don't mind if a client mentors and trains freelancers she works with as part of an ongoing, fruitful working relationship.

 

But I think many clients want to get refunds or file disputes for a variety of non-productive, illogical reasons, many of whch are not so altruistic:

- want revenge against a freelancer who wronged them

- want to teach the freelancer a lesson

- think that they are supposed to not pay for something if they don't use it

- want to make sure that other clients will not encounter the same problems with that freelancer

- think that asking for a refund is what is expected of them

 

But the biggest problem is the harm that clients do to themselves by thinking ahead of time that they can get a refund for shoddy or unusable work. When often they can't.

 

Clients should really understand that Upwork does NOT intend for them to get a refund because work they hired a freelancer was shoddy or poor quality.

 

Upwork expects that clients pay for completed work (fixed-price) or pay for a freelancer's time (hourly contract), even if the work is pool in quality. A client may very well NOT be able to get a refund.

re: "Clients should not quickly shut down a designer who doesn't immediately come up with exactly what they're looking for; they should be willing to provide feedback and respond to questions in order to get the best results."

 

Perhaps not.

But doing so is a viable option, and is completely within the rules.

 

This is a matter of degree.

 

A client can and should make a decision if they see that a designer's work will never be usable for them, versus seeing that a designer will be able to do the work but needs some guidance.

 

If a client hires a designer or writer or whatever and sees immediately that this is not the right person for the job, then that client is just wasting their time if they continue to work with the freelancer. So the best thing to do is to end the contract and work with other people.


That is best fot the freelancer and best for the client.

 

Such situations should not turn into mentoring or training situations. Unless the client really wants to do that. But if the client does that, she is stepping outside her role as a businessperson and pure client, and is intentionally taking on a different role entirely.

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