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byteblaster
Community Member

Tricky Upwork client with additional contract

Hello. I have problem with client on Upwork.

Before starting contract client asked me to sign "statement of the work" which described detailed TODO's and milestones (with no due date and only with time to complete and they are significantly different from initial job description) with no termination clause and with no payment clause, only sums as described in Upwork’s job milestones. Client located in USA and I'm in Russia.

 

Basically the job is to develop firmware for custom USB headset. I really underestimated the job, it took 5 months instead of 1.5. Once I even proposed client to make a partial refund, but we agreed that I'll finish it.

 

Now code meets all requirements (maybe with some non major issues) from that document and client wants to remove echo on opponents side when talking with developed device, but there are no initial requirements for phone call quality, the only statement is "The user can make phone calls and listen to music using wired headphones." and this requirement is met. So I assume he wants this really hard work to be done for free and I think there will be something else. He constantly saying that I'm liar and not honest person and always trying to psychologically push me.

 

Client even do not agree on compromise with closing this job without last milestone payment. I know that by Upwork's policy for fixed price jobs I do not need to refund anything(edit: it's not always true). I've not sent last source code version to the client because I'm sure that he will not accept it, I've sent only binary for testing.

 

Other problem is additional document with milestones.

After I asked to clarify the list of issues, the client said again that I'm liar, obligated to do the work because I've started it and that he will write me whats wrong with my code and what I owe him(very emotionally).

 

So I have questions:

1. Is that statement of the work legal?

2. If yes, how to terminate it?

3. If I completed and was paid(significant remark: through Upwork) for 2/3 milestones, do I need to pay something back after termination?

4. Can this client behavior be treated as “debt bondage” and where I can report it?

5. What chances he have with this paper(photo) if he'll go to the court?

6. Generally, how can I protect me from this client and resolve that situation?

 

Thanks for attention.

ACCEPTED SOLUTION


Radmir K wrote:

Seems that I've missed the context: "You haven't submitted work and therefore the $1,000.00 in escrow will be returned to your client. 


 

Ah OK. PHEW!!!!

 

So. If you want to get out without the 3rd milestone ending the contract would give you a way out and the client should not be able to dispute the rest of the contract because there will be no money in escrow and the last milestone has been approved over 30 days ago!

 

I would still give the client all the work done to date, it's done and not as if you can use it for anything else.

View solution in original post

40 REPLIES 40


Radmir K wrote:

Support wrote me letter about that I need to contact him and resolve issues. Am I violating TOS?


You're not violating anything.

The client can't dispute and Support will have told him so (the dispute deadline passed a couple of months ago as there is nothing in Escrow anymore) So they try to get you to volunteer something.


If you sent all the work that has been done and refunded the last milestone, you've done what you need to do.

 

Write back to support and explain that you tried for months to make this client happy, that you have handed over X% of the work ven though you've only been paid X% of the money and you've refunded the last milestone.

State that this is all you can do.

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