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Questions tagged [legal]

A tag for legal issues surrounding freelance work, such as tax or company incorporation. Questions with this tag *must* follow the "Back it up" rule.

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2
votes
2answers
296 views

Freelance working for a company - what should my contract include?

I started working for a media company as freelance production manager/video editor two months ago, and I just received a contract that doesn't explain anything but the pay I will earn per hour. The ...
0
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3answers
32 views

How can I send an agreement in midst of a project?

I have made an indeed silly decision to not send the agreement upfront to my new client, before starting his Web development project... I actually didnt send it because he is a very close person and ...
1
vote
2answers
126 views

What is the freelancer's responsibility regarding software bugs?

I just started my career as an online freelancer and even though I try to do my best I have this constant stress & anxiety about what will happen if there is a huge unwanted issue/bug in my code? ...
2
votes
4answers
112 views

How to guard against being held responsible for loss/damages whilst helping someone with basic computing?

I'm looking into helping people with the basics of computing: basic excel, word , powerpoint, email, searching the web (Move onto more intermediate things as I grow in confidence and gain teaching ...
1
vote
2answers
134 views

Can client demand a refund for software that fails specifications?

I delivered software which failed to meet the client's specifications. I followed 90% of the specs, but not 100%. Client is asking for a partial refund, for the features which were not delivered. He ...
0
votes
2answers
105 views

How would a contract look like for allowing developers to reuse source code in other projects?

Say you get hired to build a company some software. The company wants the source code, but it is OK with you reusing the source code in your other projects. What kind of terms should be included in ...
10
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4answers
32k views

Is an agreement by email reply enough to act as a signature in a legal contract?

I am about to start a contract with a remote client and want to start quickly. Rather than sending a signed contract by "snail mail" for them to sign and return, would it be enough to email the ...
-1
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1answer
74 views

Any ways to earn by getting clicks and views?

I can get a minimum of 5000 views/clicks per day. Is there any that I could use this skill?
1
vote
1answer
64 views

Supplying your own people to a client. Conflict of interest? Full disclosure?

I was recruited as a software developer through an agency to an end client. Now having worked with the client for a couple of years they trust me and are always asking if I know fellow developers that ...
7
votes
4answers
5k views

How to backup declared income when the invoice is lost?

An invoice for some work I did awhile back seems to be missing and I can't find it, yet I want to make sure I am declaring that amount in my tax statements. If I get audited, what's the best way to ...
1
vote
3answers
220 views

How can a teenager start freelancing?

I've been freelance programming on a few niche forums for about two years now, and have a decent portfolio built up. I'd like to start working in other places and learn how to market myself better. ...
1
vote
2answers
84 views

If I worked for clients at a marketing agency, am I allowed to say I worked for them now that I'm freelance?

I’m making a website and would like to add their logos to a “happy clients” section. I won't be including any of the work I did for them, just their logos.
5
votes
1answer
100 views

Do you own the right to publish someone's work after you pay them?

Let's say I ask someone to make a 3d model of a monster, can I then publish his work on a modding website? Is there any other thing I need to be aware of? Do I have to put his name to credit him for ...
4
votes
3answers
107 views

What guarantees do employers/freelancers needs to take for big projects?

If you plan to be involved in a project that is relatively big, costs a large amount of money, and extends for over a month, what kind of guarantees and planning ahead do you need to do to protect ...
1
vote
3answers
537 views

Selling software online

I'm thinking of selling my software online, so via my website, and also via bidding sites such as eBay. Legally, is there any documentation I need to provide or get them to accept such as terms and ...
5
votes
2answers
275 views

Virtual address for freelance use?

I'm a solo freelancer working from home in a developing country. Sometimes I need a trusted-feeling address to show for my clients. Is it illegal to rent a virtual address from a developed country ...
1
vote
1answer
50 views

Non-EU citizen in Germany under student visa - how much work can I take?

I am a non-EU citizen studying in Germany. According to my visa I am allowed to work 120 days or 240 half-days per year. How is the permitted hours amount calculated if I plan to take freelancing ...
1
vote
0answers
84 views

Not getting paid by Tutorme.com

I work as a academic tutor (with a very good rating) for Tutorme.com, they pay their tutors through PayPal every Wednesday, but recently (for the past few weeks) they stopped doing that. I messaged ...
0
votes
1answer
56 views

Landscaping gig

I moved to Florida, USA a year ago and bought a new house. I have a couple of palm trees, as do all of the houses in the neighborhood, which are mostly filled with people who also moved to Florida ...
0
votes
1answer
88 views

Upwork portfolio - is it OK to use screenshots of a software that I worked on at my workplace?

At my workplace I worked on US-based client projects outsourced to my employer and I'm not working under that employer anymore. These are desktop applications and I have several development-time ...
2
votes
2answers
422 views

Freelancing in Germany as non-EU resident

I am non-EU resident doing a paid internship (Praktikum) in software engineering in Germany. I have received an offer from an outside company to work on a project for some hours on my spare time. Thus,...
12
votes
2answers
249 views

Offsetting own labour as 'allowable expenses' when accounting

I'm a web developer. When I buy a Mac I put it down as an allowable expense and receive a tax break on it. When I buy business cards, they go down as an advertising cost. My broadband is an 'office ...
24
votes
3answers
603 views

When is it a good idea to start considering an LLC or incorporation?

I've done freelance work as an independent contractor for years, which works well-enough for sporadic freelance work. But as I get more gigs and an established portfolio, are there benefits to forming ...
10
votes
1answer
625 views

Out of State Lawsuit for Payment

I'm at the point that I have to sue a client for non-payment. It's large enough that I can't afford to write it off, but small enough for small claims. According to the U.S. law I've researched, you ...
7
votes
1answer
299 views

What is the difference between an LLC and a PLLC?

I'm a mobile developer in the state of Florida and I'm currently freelancing through an LLC I setup a couple years ago. I went to a talk about business startups recently and the term PLLC, or ...
3
votes
4answers
240 views

How do I secure an idea when approaching a company?

The website of a major webservices company could benefit from a simple additional feature. Technically, it would be straightforward to implement this feature (they don't need me for this). ...
5
votes
1answer
129 views

Recruiter forwarding freelancer's profile without consent

Recently I responded to a request from a recruiter of a UK-based, "award-winning" recruitment company. We talked on the phone, and the recruiter proposed to submit my profile to a project as well as ...
3
votes
2answers
1k views

How to handle a disgruntled client who tries to ruin your reputation online?

I am running a small website design and development company, We have done a project for one of the USA based client. Based on my experience, more than 95% of the clients are good, but at least you ...
-1
votes
1answer
62 views

If I am licensing a website to a client, what should the copyright on the site say?

I am currently negotiating a license agreement with a former client that I have stopped developing for. It was up till now just work based on a verbal agreement. Now as we are going seperate ways we ...
4
votes
6answers
480 views

What's a fair price? and how to point that out?

I'm a freelancer, but I don't actually get very involved with programming or application development myself. I thought this would be an interesting question to put across to you as many of you are ...
-1
votes
1answer
121 views

Site created for agency…can I show it in my portfolio?

Previously my agency have created few websites for a marketing agency. They put their site link on these sites: "Site by " Can we put these sites created, in my agency portfolio? There is no NDA ...
7
votes
3answers
1k views

Client refusing to pay

I recently did some web design samples for a client. The client was looking for an e-commerce website and wanted to see samples of what I intended to make the site look like. They were very adamant on ...
0
votes
3answers
133 views

How worthwhile is contractor insurance (esp. in Canada)?

I have an employer here in Canada wanting me to do a gig as an independent contractor, and start asap. Front-End web, fairly straightforward project. At the same time, they and/or the recruiter are ...
3
votes
2answers
444 views

Freelancing at 20 hrs/week. Client wants to move me to full-time. Can I do a 40 hrs/week retainer contract instead under my consulting corp?

Background: I'm just a couple weeks into starting as a freelance consultant. I'm on a contract at the moment that's like a 20hr/week retainer as a sole prop. I'm planning to incorporate as an S-corp. ...
0
votes
2answers
82 views

Using images in your website without a direct consent of the subject

I am developing a website for my client, and the content for the site is usually provided by him. So in one particular case, my client provided me with images of "his employees". Now my question is: ...
10
votes
4answers
3k views

Whilst employed, can I open a freelancing website account?

I have been working for a company for the last 3 months. 2 months ago I created a personal account on a freelancing website and for trial purposes I have applied to 4-5 proposals on the site, but I ...
0
votes
3answers
104 views

Do I charge taxes to clients in the Netherlands when I'm based in a state with no sales tax?

I am currently based in Portland, Oregon in the US. As a note, Oregon has no sales tax. I have a client in the Netherlands who pays for multiple Skype-based coaching sessions. My client pays through ...
-1
votes
1answer
69 views

If I develop websites as a freelancer, can I use my Forge account for all my clients while charging them a monthly rate for services?

I've just become a freelance web developer and I have a paid subscription to Forge. I want to host all my new clients' sites on my Forge account. Each client pays an upfront cost for the website, plus ...
-1
votes
1answer
42 views

Is a hosting party a 'third-party'?

I'm creating a new privacy document based on the GDPR. I have a site which collects some personal data (first name, last name, location, etc). My site (including database) is hosted by a hosting ...
5
votes
2answers
201 views

Client refusing to pay, threatening to involve lawyer

After working on a freelance Graphic Design project in New York for an individual wanting to start a magazine I had to return back to the UK for visa reasons. I did not manage to complete the project ...
-1
votes
1answer
2k views

Freelance on tourist visa in Australia

Hi I have been trying to seek for a specific answer, I hope anyone can help.I am a Filipino Citizen and will visit in Australia this September 2016-April 2017 for the 2nd time. My boyfriend will ...
2
votes
1answer
74 views

Is it compulsory to mention my postal address in an invoice I create?

I've seen this question about the confusion on using a residential address, but my question is that since I'm a software professional and I don't expect the company to deliver anything to my postal ...
-1
votes
1answer
56 views

Best alternative to get revenue from a mobile application

An acquaintance has asked me to create a Mobile Application for his business. There are two alternatives to get revenue from the application. Get paid one time OR Get a certain percentage of ...
-1
votes
1answer
66 views

How to grant a license to others to use your app

To my understanding, a person must always have a license to use an app. If I get a contract to build a small, simple app, must I still explicitly give a license or is it implied when I send the ...
5
votes
1answer
1k views

What do I need when I want to work as freelance developer in Ireland (Dublin)?

I am german and have a MSc in CS. Since I am planning to live in Dublin for the next years and want to keep some of my current german customers as freelance developer, what legal steps do I need to ...
0
votes
2answers
80 views

Buying 100% member interest in existing LLC. Do I need a new EIN?

I'm soon going to close a transaction with the owner of an existing single-member LLC, that will transfer 100% of the current member's interest to me, making me the sole member (owner) of the LLC. It'...
11
votes
7answers
2k views

Client threatening legal action constantly

I have a client who is constantly threatening legal action against me even though I don't think I have done much wrong. I have done EVERYTHING I possibly can to keep the client happy, but it is never ...
6
votes
5answers
381 views

Who own the “copyright” or intellectual property for the code you have written?

Assuming it has not been exclusively spelled out in the client contract, do the software developer own the rights to the code that he has written for the client? Can he reuse the code in other ...
3
votes
2answers
466 views

When to take legal action against client for outstanding payment?

I have an hourly-rated contract with a client (small tech company, ~5 people + a few contractors). The first 7 months went well - payments tended to be a week or two late on occasion, which I ...
2
votes
1answer
55 views

Does LLC Protect from Personal Lawsuit

I am looking on taking my first job as a freelance developer and the project involves ecommerce. We are starting to get to the contract talks and I wanted to make sure if anything goes horrible wrong ...