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Why Can't Upwork Compel Clients to Respect Terms of a Contract?

enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
31 of 42

Thanks to everyone for your comments and while the whole trouble admittedly boils down to my not insisting on a fully funded escrow, maybe setting everything in context would help someone understand the whole point of my complaint.

Firstly, I set my profile to private due to the very reasons Amy pointed out and didn't assume it'll be off limits to anyone in here. My profile is open for inspection like Eve has noted. Secondly, part of the reason I let my guard down was because this particular client had (and still has) a number of jobs running concurrently. It's one thing for a client to bail out and choose to stay unresponsive and another thing entirely to have him actively running a contract while staying totally unresponsive to a particular freelancer. In a case of the former, I understand very little can be done but when the latter is the issue and there's a formal complaint, how then can he carry on his business without as much as a query from anyone?

The particular contract that has turned out to be problematic had at least 3 other contractors engaged and from what I see, has had a contractor reengaged in the time we've been going back and forth over what I needed. It apparently became more convenient to rehire a tested and trusted contractor than gamble with one yet to deliver on anything even though delays weren't entirely my fault. This is why I think it's pointless leaving messages because his silence appears to be quite deliberate and most of the delays, well intended. Maybe I did get suckered from the start.

I own up to my naivety in not insisting on a funded escrow but I honestly still dont get the justification for rendering a client immune from answering any questions because he weaved himself out of a funded escrow. 

versailles
Community Guru
Rene K Member Since: Jul 10, 2014
32 of 42

@Godwin .U. E wrote:
Better protection, an improved workplace... 

Better how? They provide you with an escrow service and you're not using it properly. Upwork cannot protect you from yourself.

-----------
"Where darkness shines like dazzling light"   —William Ashbless
enebeli-godwin
Active Member
Godwin .U. E Member Since: Sep 22, 2016
33 of 42
Thanks for your comments Jennifer, but I'd appreciate if you kept the snide comments to yourself. You're in no position to judge my intellectual capacity or resolve just because you have an opinion. You can shove the rest of your views. Thanks in advance.
lysis10
Community Guru
Jennifer M Member Since: May 17, 2015
34 of 42

lol alright buddy. Enjoy working for free. I'm not the one posting on a forum that clients don't pay me and I need Upwork to protect me.

kochubei_valeria
Community Manager
Valeria K Community Manager Member Since: Mar 6, 2014
35 of 42

Godwin,

 

I understand your frustration with not being paid as expected.

Unfortunately, we aren't able to force a client to reply to a freelancer. There are, however, mechanisms that allow freelancers to make sure they are paid for their work even if the client disappears.

 

For fixed-price contracts, the freelancer can to make sure they don't do any work for the client until the milestone is funded. If the milestone is funded, the freelancer needs to request payment once they submit work through the system and they'll be paid 14 days later automatically even if the client doesn't respond.

 

For hourly contracts, the freelancer can use Upwork App to properly log time they spend working on the contract with sufficient memos and activity levels and they will be paid automatically according to Weekly Billing Cycle.

 

You can learn more about Upwork Payment Protection here.

 

If a client openly requests you to work for free without a contract or a funded milestone in place, please report them to customer support and attach a screenshot as an evidence. Requesting free work is against Upwork ToS.

~ Valeria
Upwork
a1bb41b9
Active Member
Mark L Member Since: Aug 6, 2017
36 of 42

"they'll be paid 14 days later automatically even if the client doesn't respond"

 

You need to make it clear to employers that this is what happens, or it's just theft. And when one finances a milestone, it doesn't say this.

amymortensen
Community Leader
Amy M Member Since: Jul 3, 2015
37 of 42

just... Wow.  What a comment in the context of this post.  

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
38 of 42

@Mark L wrote:

"they'll be paid 14 days later automatically even if the client doesn't respond"

 

You need to make it clear to employers that this is what happens, or it's just theft. And when one finances a milestone, it doesn't say this.


 Probably Upwork assumes that a client who is entering credit card information into the site has taken the trouble to actually do what he represents that he has done when creating an account and read the platform TOS and related materials, which include a detailed description of how payment works, including how a client may dispute or otherwise interrupt the automatic payment process. 

afifield
Community Guru
Amanda F Member Since: Aug 8, 2015
39 of 42

Not sure why anyone would be against or not understand what Valeria said. Upwork's way of protection for freelancers is that milestones get funded, and payment method is verified for hourly amounts. I ALWAYS make sure the milestone I am working on is funded or if hourly that my client is verified. If a client is unresponsive and the freelancer has done the work required and submitted, it isn't stealing or tricking the client. The work was done so the freelancer can submit and request payment to be released within the time period. Clients can still argue/dispute the release of the funds if work isn't sufficient or if there is an issue with the work. 

 

 

amymortensen
Community Leader
Amy M Member Since: Jul 3, 2015
40 of 42

Amanda, the comment last made seems to be from a client complaining they did not understand that escrow means they have to pay after 14 days unless they contest the quality of the submission or otherwise actively contest what was delivered to them. That is what I understand.  The poster called it "theft" because he was not told by upwork that escrow was released after 14 days.   I don't think it was in response to Valeria's post per se, which was directed at explaining the escrow process to freelancers, not clients.

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