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can client use code for what they haven't paid?

tirthpatel
Active Member
Tirth P Member Since: Jun 22, 2015
1 of 6

Hey Guys,

 

I just had dispute with one client, and I have to refund last milestone payment to them. do they stil have rights to use my code for that milestone? 

 

I know their end clinet too(this guys were middelware, taking project from someone and giving it to me on upwork), should I send their end client email to inform them that, as I haven't been paid they should not let them(My client) use that last milestone code? Is it okay with upwork policy to contact their end client to inform about this(Ofcourse here I am not trying to get project outside upwork, I just want to make them aware that guys they are giving project are not the one really working on it) 

 

Any feed back is appriciated.

 

Many Thanks

TIrth Patel

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
2 of 6

1) No, clients are nota llowed to use something they didn't pay for. If they demanded the money back they should not use the code but enforcing this gets complicated.

 

2) No, If you did that you would be breaking the confidentiality agreement. Your client is the person  who hired you. That is the peron who has a non disclosure agreement with you and breaking that could see your account suspended. Do NOT contact your client's client.

tirthpatel
Active Member
Tirth P Member Since: Jun 22, 2015
3 of 6

But I haven't signed any non disclose aggrement with them, does upwork have any policies regarding auto aggrement for non disclosing? 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 6

Can clients use work they haven't paid for?

 

Ethically? No.

 

Physically? Yes.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
5 of 6

@tirth P wrote:

But I haven't signed any non disclose aggrement with them,


Yes you have. It's in the Upwork terms of service.

barada00
Community Guru
Baris A Member Since: Mar 15, 2017
6 of 6

@tirth P wrote:

Hey Guys,

 

I just had dispute with one client, and I have to refund last milestone payment to them. do they stil have rights to use my code for that milestone? 

 

I know their end clinet too(this guys were middelware, taking project from someone and giving it to me on upwork), should I send their end client email to inform them that, as I haven't been paid they should not let them(My client) use that last milestone code? Is it okay with upwork policy to contact their end client to inform about this(Ofcourse here I am not trying to get project outside upwork, I just want to make them aware that guys they are giving project are not the one really working on it) 

 

Any feed back is appriciated.

 

Many Thanks

TIrth Patel


Hello Tirth, let's say you are a writer and wrote a short story for someone. That someone didn't pay you so only you have the rights to that story. After some time you see some other person -a 3rd party- using your story in their book. It doesn't matter how they got your work.  They can't use your story without your permission. You can contact them and ask them to pay you for your work.

 

You can't ask some person you don't know not to use your story. If you contact the 3rd party now, you are on the wrong and you'd make yourself the guilty party. Best thing to do is put the code to your portfolio or some other site with copyright notices and inform your client about that. If they use it then you can act.

 

 

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