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canceling a contract

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Community Guru
Virginia F Member Since: Feb 15, 2016
11 of 20

Jeffrey M wrote:
It is.

This brings up a real issue, that I have experience with. If I cancel, he could theoretically sue me (or upWork) for lost income because he would have to start over. That's why I have a liability clause in my personal contracts.

So he's paid me a little money. Does that help my record if I cancel and what exactly happens when I cancel.

I thought I would go back to the client and tell them that I made a mistake in the fee and I can't afford to do the work and give him the opportunity to pay me more.



I can't speak to whatever contract you had with him outside of the contract in place when you're hired on Upwork (did you have one?). You were given some advice in that first post, and if you do a forum search for "ending a contract", you'll find tons of posts on this subject matter and what to expect. *You can try and have a conversation re more pay - that may or may not have a good outcome.

*If the client is asking for work that is outside of what was discussed and agreed upon in the contract (is he?), then you can address that "scope creep" by simply stating that you'll be happy to do more work, as soon as he funds a new milestone.

If you don't want to work with him anymore, you were advised (By Petra in your first post) what will happen if you cancel.
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Active Member
Jeffrey M Member Since: Sep 28, 2019
12 of 20
It is.

This brings up a real issue, that I have experience with. If I cancel, he could theoretically sue me (or upWork) for lost income because he would have to start over. That's why I have a liability clause in my personal contracts.

So he's paid me a little money. Does that help my record if I cancel and what exactly happens when I cancel.

I thought I would go back to the client and tell them that I made a mistake in the fee and I can't afford to do the work and give him the opportunity to pay me more.
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Active Member
Jeffrey M Member Since: Sep 28, 2019
13 of 20

Re: Web Address

There more projects on my site then on my profile. I put my web address on my cover letters too. Is that againt the rules?

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Community Guru
Preston H Member Since: Nov 24, 2014
14 of 20

re: "I put my web address on my cover letters too. Is that againt the rules?"

 

No.

 

You can put anything you want in your cover letters.

Web address. Email address. Phone number. Skype handle. Etc.

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Community Guru
Christine A Member Since: May 4, 2016
15 of 20
If you agree to do a project for a certain amount of money and there's no change in scope on the client's part, then IMO, you should do the project. It's not the client's fault that you underbid and now you want to get out of working for them because something better came along. If they pay you a nominal fee then they'll be able to leave you a bad review, and if they don't, you'll take a hit since it will be a zero-payment contract. So if you're asking if there's a way to get out of this without any consequences, the answer is no. Best case scenario, the client might acknowledge their own failures in moving the project forward, and not rate you too harshly.
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Felicia O Member Since: Nov 26, 2016
16 of 20

Christine A wrote:
If you agree to do a project for a certain amount of money and there's no change in scope on the client's part, then IMO, you should do the project. It's not the client's fault that you underbid and now you want to get out of working for them because something better came along.


*IMO = Work ethics Smiley Wink

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Community Guru
Preston H Member Since: Nov 24, 2014
17 of 20

There are three separate areas of consideration that are relevant here:

 

a) What does the Upwork user interface physically allow me to do with regards to cancelling a project?

 

b) What considerations are there with regards to cancelling a contract in terms of how it will impact me, my Upwork profile, and my JSS?

 

c) What is the "right" thing to do with regards to ethics and professionalism?

 

It is helpful to not confuse these, and to understand that they are separate.

 

With regards to the mechanics of Upwork's user interface, a freelancer can cancel a contract at any time. Moreover, Upwork's ToS rules allow a freelancer to contract a contract at any time.

 

That is a simple fact.

 

Understanding that you CAN cancel this contract immediately, the next thing to consider is: Should you?

 

There is a price to pay for a zero-pay contract. Such a contract is detrimental to a freelancer's JSS.

 

That is something to consider, and others have given you advice on this topic.

 

Other posts have referenced the 3rd consideration: What is ethical, professional?

 

Let me speak from the perspective of a client, NOT for the original poster's project, but of a hypothetical project that has nothing to do with this thread:

 

What I really want is for my project to get done. I don't actually care if YOU do it. I didn't know you before I hired you. You are not my wife's nephew. I don't owe you anything.

 

So if you can help me get my project done quickly and efficiently, that's really what I want. It is VERY POSSIBLE that the BEST way you can help me is to cancel this contract immediately. Because then you will no longer be wasting my time, dragging out a process that would be better handled by somebody else who is actually excited about doing it.

 

If this project is one that you can only do in a half-hearted way, in between your other commitments, then you are not helping me by staying on.

 

We have hardly begun. If you cancelled the contract and let me work with other people, then I hold no animus toward you. My appreciation for you helping me to accomplish my goals will be evident in my feedback.

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Active Member
Jeffrey M Member Since: Sep 28, 2019
18 of 20
Thanks for your thoughtful email. Greatly appreciated. Couple of notes;

I have been paid a whopping $50.00. so maybe that will help my score

I have not been the one holding up the project, so far. Client's been taking vacations and not getting back to me etc.

What has thrown a huge wrench into this project is that the client did not think to register the new company's name, and it appears that the name is being used by a similar company. It take 4 months for the USPTO to come back with a yea or nay on a new name that we don't yet have.

So while there are other considerations for wanting to cancel the job, my thinking is to use this delay due to the naming, as a way to back out as graciously as possible.

Thanks again for everyone's input.








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Community Guru
Virginia F Member Since: Feb 15, 2016
19 of 20

Christine A wrote:
If you agree to do a project for a certain amount of money and there's no change in scope on the client's part, then IMO, you should do the project. It's not the client's fault that you underbid and now you want to get out of working for them because something better came along. If they pay you a nominal fee then they'll be able to leave you a bad review, and if they don't, you'll take a hit since it will be a zero-payment contract. So if you're asking if there's a way to get out of this without any consequences, the answer is no. Best case scenario, the client might acknowledge their own failures in moving the project forward, and not rate you too harshly.

Exactly ... that's why I asked the OP if he was experiencing "scope creep".  Because if that's not the case, he should honor the contract.

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Community Guru
Virginia F Member Since: Feb 15, 2016
20 of 20

Jeffrey M wrote:

Re: Web Address

There more projects on my site then on my profile. I put my web address on my cover letters too. Is that againt the rules?


You just cannot have a direct link on your overview or in your portfolio.

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