Were the TERMS section better in ELANCE or UPWORK?


I need a suggestion from who ever reads this:


Do we have a better TERMS and CONDITIONS where the Freelancer can't set-up or change Terms setup by the client? Or was it better in ELANCE?


After migrating to UPWORK from ELANCE we just got our first project and it was a FIXED CONTRACT. The client set up the milestones and the first milestone itself was about 70% of the whole work that needed to be done on the project but he setup the Payment as only 10% of the total payment. 


Second, Third and Fourth milestones consisted of 25, 30 and 45% of the payment which was the remaining 30% of the work only. 


The client's payment method was not Verified. He had not funded the ESCROW. He funded the ESCROW after 3 days and sent us the required material also after 3 days. The project deadline was 10 days from the date he hired us. When 3 days were wasted in receiving the material and starting the project, we wanted to extend the deadline by 3 days to which he was a little apprehensive. For every little thing he was calling us instead of dicusussing it in the Chat Room. 


My concern here is that setting the date for TERMS and defining the percentage of milestones is controlled by the CLIENT whereas this should be mutually agreeable one, especially in the FIXED CONTRACTS. Now whatever the client wants to pay and whatever client thinks is right, he sets up the same as per his/her convenience. Is this right? Don't the Freelancers have a say in protecting their money? What can a Freelancer/Agency do if the CLIENT does not pay? How does UPWORK protects them in case of a fraudulent client. 


Can we have the same TERMS as we used to have in ELANCE?


Please share your thoughts. 






Did you put your terms in your proposal? If you did, and you get different terms in your offer... discuss it with the client and ask them to change it. If you didn't, then you can't blame the client for setting their own milestones seeing that you haven't requested any. 


Yes, it was better having the boxes to enter milestones on Elance, but just because you haven't got specific boxes doesn't mean you can't specify specific milestones. 


As for not sending the files and not funding escrow... there's no specific boxes on Elance to handle any of that, so that's not a site specific issue. You should handle such issues as you would have done on Elance. The way I see it, if you say it will take ten days then it should take ten days. Unless the client specifically stated that they would fund escrow and send you the files on the day you were hired, then you've agreed to deliver the work in ten days.


Sure, getting the files a third of the way into the project is pushing it a bit. I always put something like the following in my proposals to cover my back....


"The project will be completed within ten days of escrow funding and receipt of the files."


Then if they send the files and fund escrow three days later, then it's been made clear that it's going to take 13 days. Less chance of arguements when day 10 comes and they've not received the work. 



"Welcome, humans. I'm ready for you!"
- Box, Logan's Run (1976)