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Tragedy of a client instead 700$ they paid 50$ and now are asking for the 60$ in escrow !!!

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Community Guru
Petra R Member Since: Aug 3, 2011
41 of 60

Any attempt to link money to feedback is a violation of the terms of service.

 

That said, Dusco, please stop arguing with those people. You are wasting your time.

Just keep the dispute going.

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Community Leader
Dusko A Member Since: May 12, 2017
42 of 60

No no I am not arguing with them. Just to let them know I am not that big fool as they might think. Will send the print screen of the conversation to you and Aleksandar in PM just in any case and if required I can give you access to my Skype so you can verify all is authentic.

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Moderator
Aleksandar D Moderator Member Since: Mar 23, 2019
43 of 60

Hi Dusko,

 

The Client's name and the screenshots will be enough for a report.

 

Thank you.

~ Aleksandar
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Community Guru
Jennifer R Member Since: Sep 15, 2017
44 of 60

Have you discussed the ToS with the client? Until you received full payment you still own your work:


Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof.

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Community Leader
Dusko A Member Since: May 12, 2017
45 of 60

We did in the beginning. I sent proposal for milestones 1 and 2 and they have accepted them. Once they activated the work they sent me completely different milestones. At that point I decided to go along with it thinking all will be fine and this is just precaution from their side which seemed to me fair at the  time.

However as time was passing by and the way they reacted I sensed this will happen and that once I sent them the full car which would mean they have to pay the full sum they will go away. At least I havent sent them any 3D model, but only pictures. For those money thats all that they would ever get.  Anyway I was in no way able to change the milestones they sent, the discussion was almost one-sided and i should have instead 60 applied and submited the milestone for 700$. Will know better.

 

Then I will go now and deny their escrow request. Will write as it was and hopefully other freelances in the future will use my experience to chose wisely when they will come along.

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Community Guru
Michael S Member Since: Aug 29, 2017
46 of 60

Jennifer R wrote:

Have you discussed the ToS with the client? Until you received full payment you still own your work:


Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof.


The devil is in the details on this one, however. "Full payment" could be argued to mean the release of all the funds in the escrow. As long as the milestone/project was setup with a certain amount, and that amount was deposited, it would constitute full payment. The freelancer submitting work to that milestone/project could be considered agreeing to that amount. Where the freelancer would still retain rights would be if they released only part of the escrow funds. In that case, it would be clear that the client retains no rights to the work whatsoever.

 

That's why it's important for people to be sure that the actual amount originally agreed upon is in the escrow before beginning any work for a client. If there's a discrepancy, they need to address that first and foremost.

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Community Guru
Jennifer R Member Since: Sep 15, 2017
47 of 60

Michael S wrote:

Jennifer R wrote:

Have you discussed the ToS with the client? Until you received full payment you still own your work:


Upon Freelancer’s receipt of full payment from Client, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof.


The devil is in the details on this one, however. "Full payment" could be argued to mean the release of all the funds in the escrow. As long as the milestone/project was setup with a certain amount, and that amount was deposited, it would constitute full payment. The freelancer submitting work to that milestone/project could be considered agreeing to that amount. Where the freelancer would still retain rights would be if they released only part of the escrow funds. In that case, it would be clear that the client retains no rights to the work whatsoever.

 

That's why it's important for people to be sure that the actual amount originally agreed upon is in the escrow before beginning any work for a client. If there's a discrepancy, they need to address that first and foremost.


My definition of "Full payment" is the amount agreed upon in the contract.

 

I do not care if a client splits a job into several milestones. Depending on the milestones and the client I send I might send unfunded work but that is my decision and it is my problem if I don't get paid.

 

 

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Community Guru
Petra R Member Since: Aug 3, 2011
48 of 60

Jennifer R wrote:

That's why it's important for people to be sure that the actual amount originally agreed upon is in the escrow before beginning any work for a client. If there's a discrepancy, they need to address that first and foremost.


My definition of "Full payment" is the amount agreed upon in the contract.


Not quite. Whatever has been paid for belongs to the client. So If there is a $ 1000 contract for 10 kittens at $ 100 each, and the client and the freelancer work well together for kittens 1 to 4, with the milestones released-  and then they have a falling out because freelancer delivers a puppy for milestone 5 - and client closes the contract asking for escrow funds  (of milestone 5 or more) back, then kittens 1 to 4 belong to the client. Kittens 5 to 10 do not. Puppy belongs to the client if paid for, to the freelancer if the escrow funds are returned.

 

By the above definition (the amount agreed upon in the contract) kittens 1 to 4 would not belong to the client because kittens 5 to 10, which were never delivered, weren't paid for and that would be wrong.

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Community Guru
Jennifer R Member Since: Sep 15, 2017
49 of 60

Petra R wrote:

Jennifer R wrote:

That's why it's important for people to be sure that the actual amount originally agreed upon is in the escrow before beginning any work for a client. If there's a discrepancy, they need to address that first and foremost.


My definition of "Full payment" is the amount agreed upon in the contract.


Not quite. Whatever has been paid for belongs to the client. So If there is a $ 1000 contract for 10 kittens at $ 100 each, and the client and the freelancer work well together for kittens 1 to 4, with the milestones released-  and then they have a falling out because freelancer delivers a puppy for milestone 5 - and client closes the contract asking for escrow funds  (of milestone 5 or more) back, then kittens 1 to 4 belong to the client. Kittens 5 to 10 do not. Puppy belongs to the client if paid for, to the freelancer if the escrow funds are returned.

 

By the above definition (the amount agreed upon in the contract) kittens 1 to 4 would not belong to the client because kittens 5 to 10, which were never delivered, weren't paid for and that would be wrong.


Yes, but if the freelancer delivers 10 kittens has oredered, the client has to pay for them in full.

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Community Guru
Petra R Member Since: Aug 3, 2011
50 of 60

Jennifer R wrote:

Petra R wrote:


Yes, but if the freelancer delivers all 10 kittens ...


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