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studiovela
Community Member

Working with customer who changed final deliverable needed without changing terms of the project

I'm working on a fixed-price design project for a customer's packaging. I received a general scope to begin with last week and delivered a few iterations, modified and delivered revised files. The customer has not been very communicative but came back asking for the job to be designed in a different layout for approval that would require more time for me to complete. I am still waiting for responses on this type of deliverable to make sure it's clear, and have let the customer know this causes a delay for me to understand those needs. My question is- can I close out a contract like this? I'm trying to work with them and see what else I can do to meet in the middle but I'm afraid we may not agree if they now desire a larger, more involved deliverable than what was agreed to. I've already spent time developing the packaging and logo. Any advice is appreciated!

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prestonhunter
Community Member

You should understand that fixed-price contract's don't work that way.

 

A client can not "change the final deliverable."

 

If a client wants to change ANYTHING about the task required or the final deliverable, then this is how the client can do so:

 

- The client can CLOSE the current contract and release ALL escrow money to the freelancer.

- Then then client can negotiate with the freelancer for a new contract to do what the client now wants.

 

The freelancer and client may then agree to a new fixed-price contract. Or an hourly contract.


But a client is not allowed to ask for free work. Doing so violates Upwork ToS. And when a client asks for changes to the agreed-upon deliverable, then the client is asking for free work.

 

You should understand these principles when you talk to the client.

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prestonhunter
Community Member

You should understand that fixed-price contract's don't work that way.

 

A client can not "change the final deliverable."

 

If a client wants to change ANYTHING about the task required or the final deliverable, then this is how the client can do so:

 

- The client can CLOSE the current contract and release ALL escrow money to the freelancer.

- Then then client can negotiate with the freelancer for a new contract to do what the client now wants.

 

The freelancer and client may then agree to a new fixed-price contract. Or an hourly contract.


But a client is not allowed to ask for free work. Doing so violates Upwork ToS. And when a client asks for changes to the agreed-upon deliverable, then the client is asking for free work.

 

You should understand these principles when you talk to the client.

pudingstudio
Community Member


Peggy B wrote:

I'm working on a fixed-price design project for a customer's packaging. I received a general scope to begin with last week and delivered a few iterations, modified and delivered revised files. The customer has not been very communicative but came back asking for the job to be designed in a different layout for approval that would require more time for me to complete. I am still waiting for responses on this type of deliverable to make sure it's clear, and have let the customer know this causes a delay for me to understand those needs. My question is- can I close out a contract like this? I'm trying to work with them and see what else I can do to meet in the middle but I'm afraid we may not agree if they now desire a larger, more involved deliverable than what was agreed to. I've already spent time developing the packaging and logo. Any advice is appreciated!


You CAN close any contract. You are not forced to work on any project.

Assuming you are concerned about your JSS; whether closing a contract would affect it badly - that I don't know.

Some (design) jobs are unbearable as client would ask for infinite revisions. I'm positive that this happens most with a logo design work.

It's part of YOUR job to make it clear to your client that you have done work you've agreed to and if more is asked for - should be reflected in payment.

sergio-soria
Community Member

I understand you modified and sent iterations according to what they asked in those revisions. I guess you set a revision limit at the beginning of the project. If now what they are asking for is completely different and exceeds the original scope I think you need to let them know explaining why. If they are serious there may be a possibility to increase the original price, and it's always better to come up with a nice agreement that satisfies both parties.

 

But yeah, you can close a contract if you smell this is not going anywhere. If they did not pay you anything for what you have already done, let them know, professionally, that they will not be able to use those materials. And consider that if a contract ends up with no payment at all it will affect your JSS negatively. So at least you should be paid for what you have already done. When you go to a restaurant they bring you the meal and you have to pay for it even if you change your mind and want a different dish afterwards.

 

Always check client's history before applying. Some clients have a pattern doing what you described, that's why it's so important to leave honest feedback. When communication is very irregular it usually means it's an agency farming stuff. That sometimes becomes a headache because the middle man can't "translate" the client's needs properly to you.

mtngigi
Community Member


Peggy B wrote:

I'm working on a fixed-price design project for a customer's packaging. I received a general scope to begin with last week and delivered a few iterations, modified and delivered revised files. The customer has not been very communicative but came back asking for the job to be designed in a different layout for approval that would require more time for me to complete. I am still waiting for responses on this type of deliverable to make sure it's clear, and have let the customer know this causes a delay for me to understand those needs. My question is- can I close out a contract like this? I'm trying to work with them and see what else I can do to meet in the middle but I'm afraid we may not agree if they now desire a larger, more involved deliverable than what was agreed to. I've already spent time developing the packaging and logo. Any advice is appreciated!


To add to Preston's recommendations, if indeed this goes beyond what agreement you came to with the client at the start, you can request that the client add a new milestone - they will have to release the first one in before they can add another one.

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