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partly in escrow, agreed budget not released

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Ace Contributor
Christine G Member Since: Nov 3, 2017
1 of 12

Hello everyone,

Client agreed for a sum and put only a part in escrow and... and of course, client doesn't pay the remaining payment. I saw another post related to that behavior; the client agreed on 30$ (save in "client budget") and put only 20$ in escrow. Of course, the client did approve the 20$ and not 30$. My report indicates that there is 10$ remaining.

Is there something I should do to get this 10$ the client first agreed to pay ? I speak with her and she said "of course, I will pay the remaining 10$", but she did not act. Since then, no more answers.

As I was recording for an international organization, shall I say that I will contact someone at this institution in order to denounce that they will be using my voice that has not been fully paid for the job ?
The funniest part is that the VO work was about policy related to harrasment... scammed by someone who is producing a video about not harrassing women. Great !
Christine

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Community Guru
Michael S Member Since: Aug 29, 2017
2 of 12

If they only put 2/3 of the agreed budget into escrow, you should have only done 2/3 of the work.

 

But in all seriousness, you're probably going to have an up-hill battle. If you submitted work for what was in escrow, and they approved/released the funds for said work, that constitutes a fulfilled contract, according to Upwork. That's because they would have no way of knowing if you negotiated for a lower amount via email/skype/whatever or not.

 

Never submit work unless the escrow is funded to the full amount agreed upon.

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Ace Contributor
Christine G Member Since: Nov 3, 2017
3 of 12

Manythanks for your answer :-)

I never worked or spoke through Skype or anything like that. All the negociations and agreed amount is mentioned in the Upwork message section. Everybody in Upwork can see if a member of Upwork team jumps in.
As for voice over works, it is sometimes difficult to send 2/3 of the work, but the truth is that I did not see at first that the total amount was not in escrow... :-(

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Community Guru
Preston H Member Since: Nov 24, 2014
4 of 12

Christine: do not worry about this!

 

You made a mistake, but many freelancers have made the same mistake.

 

The important thing is that you learned from your mistake and you won't repeat it.

 

And to answer your question: Yes, Upwork's employees are able to read your Upwork conversations with this client, but there is no reason to. Upwork policies and practices are clear on this.

 

Funded escrow is what counts. Conversations don't count when it comes to how much you get paid. The client has the option to pay you more if she wants to, but that is between you and her, and is not something Upwork would get involved with.

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Ace Contributor
Christine G Member Since: Nov 3, 2017
5 of 12

Many thanks for your answer. Well, I think that yes, any $ I lose is a problem because it is one of the reason I am working in Upwork...

I aso think that if there is an agreement and a confirmation of this agreement after the milestone and escrow has been set up, why Upwork staff should not been involved ? Give me the impression that everyone can scam freelancers with false promises (and repeated ones) .
Well, is Upwork staff cannot do anything, then I will just wrote to the final client and let them know abut the fact that I don't give them the authorization of using my voice to promote their policies because I have not been totally paid for that by the studio who is Upworks' client.
I guess that I can do that, at least, if Upwork do not want to jump in ?

Cheers, Christine

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Community Guru
Tonya P Member Since: Nov 26, 2015
6 of 12

@Christine C wrote:

Many thanks for your answer. Well, I think that yes, any $ I lose is a problem because it is one of the reason I am working in Upwork...

I aso think that if there is an agreement and a confirmation of this agreement after the milestone and escrow has been set up, why Upwork staff should not been involved ? Give me the impression that everyone can scam freelancers with false promises (and repeated ones) .
Well, is Upwork staff cannot do anything, then I will just wrote to the final client and let them know abut the fact that I don't give them the authorization of using my voice to promote their policies because I have not been totally paid for that by the studio who is Upworks' client.
I guess that I can do that, at least, if Upwork do not want to jump in ?

Cheers, Christine


 If every $ is essential, then invest time in reading the Upwork TOS and the New to Upwork forum posts until you fully understand how the engagement and payment processes using Upwork work. 

 

Upwork is not your manager, agent, or parent.  You are operating a business providing a service. Upwork supplies access to potential leads and assists in processing payments. That is all. It is your responsibility as a business owner to ensure that the terms you agreed upon are reflected in the payment documentation. 

 

You are bound by a confidentiality agreement. If you contact someone outside Upwork to complain about a job performed by someone through Upwork, you may be the one whom Upwork steps in to deal with.  Yes there are procedures you can go through to claim copyright or ownership of a work, but since you received a partial payment--you would be on very thin  ice if you were to take action in this case. 

 

Take a step back, take the time to understand your actual legal and contractual rights and then decide how to proceed. If you feel a need for emotional closure, leave the client a review indicating that they failed to fully fund the work and as a result did not pay the final payment.  But you might wait a day or two to see if the client really does intend to pay. 

 

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Ace Contributor
Christine G Member Since: Nov 3, 2017
7 of 12

Well, they have no way to know if I accepted a lower rate through Skype / other platforms ? Well, if I did not give any e-mail or Skype adress in the chat box, it sounds difficult... and plus, it is forbidden ! So, Upwork cannot refuse to jump in arguiyng about something that I could have made and that would have been illegal, no ?

Sounds like a curious reversal of the situation! :-)

 

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Community Guru
Charles K Member Since: Mar 6, 2017
8 of 12

You aren't going to get anywhere on Upwork with this. As Preston said, you made a mistake, and now you know better, and at least it was a pretty low-cost mistake, all things considered.

 

If the client really did agree to pay more and didn't, then technically you own the material, not the client. You could try to make her life difficult, but it's probably not going to be worth it. Especially if the client hasn't yet left feedback on the project...

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Ace Contributor
Christine G Member Since: Nov 3, 2017
9 of 12

Thanks for you answers, all.

Yes, it is a small mistakes but still, your answers would have been the same with 20000$ :-)

Yes, Upwork won't help me, but I assume that because I haven't been paid fully and because the client already let me a 5 stars review (and I left him a less-than-2-stars-review), that does make clear that there is something here that is scam.
Sometime, you read the Terms and Conditions, and you don't image people scaming you for small $. Sometimes, trust is your way to go and there is no need to be accused of not paying attention of your business ;-)
Well, thank you all !
Christine

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Community Guru
Petra R Member Since: Aug 3, 2011
10 of 12

@Christine C wrote:

Well, they have no way to know if I accepted a lower rate through Skype / other platforms ? Well, if I did not give any e-mail or Skype adress in the chat box, it sounds difficult... and plus, it is forbidden ! So, Upwork cannot refuse to jump in arguiyng about something that I could have made and that would have been illegal


 Talking to clients on Skype is not forbidden, let alone "illegal!"

 

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