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
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1answer
75 views

Is Refund Consulting legal?

Is 'Refund Consulting' legal in the US and Europe? I have been doing some research about Refund Consulting, but I've not been able to answer this question to my satisfaction.
2
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2answers
90 views

I am about to start bidding for SQL Server/database projects on Upwork/Fiverr but not sure if my software is compliant

I will mostly be doing report development using SSRS and Crystal Reports. And some SSIS and T-SQL query writing. Maybe some performance tuning of their systems. I have the free 2019 SQL Server ...
4
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1answer
48 views

How can I make a good "Memorandum of Understanding" (MoU) to work with a long-term client?

I have a client who wants to work with me on the long term, we have already been working together for over a year and we want to take it further and make it official. I am a software developer and I'd ...
7
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1answer
86 views

Can I anonymously use my public LLC?

I know it's possible to register an LLC anonymously in a few states. This isn't a question about that. For context, I have not created an LLC yet. I work as a freelancer and I have a side project (...
4
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1answer
80 views

How does licensing work when selling an Android app?

A friend of mine founded a startup and asked me to create an Android app for him. I did it with Java in Android Studio, but since I never developed a commercial app before, I have a few (related) ...
1
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1answer
61 views

Documents required for Remote developer to show

I am working for a client for 8 years. I have been hired as a freelancer via the Freelancing platform and after that, I have handled the product single-handed. I am now seeking an opportunity to ...
5
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3answers
296 views

Who Owns the Source Code & IP - Developer or Employer?

Imagine you hire someone on a freelancing site to code a (highly) custom website or app with very specific functionality. After they complete the job, you pay them for their work and they hand over ...
5
votes
1answer
225 views

Do I need to register as a freelancer and where?

I'm german but living since 3 years in the Philippines. I work currently for a local company and have a working visa. Now I got a offer from a german company to work remote as a freelancer for them as ...
3
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3answers
183 views

Freelancer theft of client's property and non-shipment (US client, India freelancer)

I posted a basic hacking investigation job on Upwork and one of the people who applied seemed to be an excellent candidate. His cover letter informed me that he was USA licensed and certified, had ...
1
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1answer
113 views

How can I avoid exposure to liability from indemnification clauses as an I.T. freelancer?

I often work as a W2 employee, but I sometimes get freelance opportunities. I write code and do systems administration, and I have examined different insurance products. I want something that is ...
2
votes
2answers
170 views

Which non-immigrant visa is required to work as a freelancer from the EU in the USA?

I am a freelancer registered in Germany and I am interested to take a freelance contract in the United States. I couldn't get my question answered from the web page of the U.S. Citizenship and ...
2
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4answers
104 views

Work order money refund : Freelancing with an college friend

I was employed by an old college friend for building an App. I was paid an advance of 25 percent of the total amount agreed as an advance to start working. Later, I went to his office for a few days ...
2
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0answers
60 views

Legal requirements when launching a video streaming service

I'm about to launch an app in which the users can transmit the screen of their android phones and then see it in a browser. It is used mainly for demonstrations. It also transmits the audio captured ...
3
votes
1answer
156 views

Client threatening to sue (without a contract)

I was appointed a designer post by a company (that seemed big at the time) and based in London. The man they asked me to get in touch with for the work and updates was a sort of celeb here in India. ...
1
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1answer
102 views

(Employer) UK Freelancer quit without notice after 2 days. Recruiter is invoicing us for those days. Where do we stand?

looking to understand the legal and ethical standpoint here. We took on a contractor for some work, expecting it to be a month long +/- piece of work. We started having issues early on (didn't show ...
2
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1answer
198 views

Do non-USA residents have to pay tax or tax return for US based earning residing and working from own country?

I am resident in, and a citizen of India. My primary source of income is freelance work. My major earnings are for US based Patreon and Fiver companies. I use Payoneer to receive and transfer to the ...
0
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3answers
37 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 ...
2
votes
2answers
225 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? ...
5
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4answers
257 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 ...
4
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4answers
159 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
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2answers
222 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 ...
-2
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1answer
84 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?
2
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2answers
90 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.
1
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3answers
427 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. ...
5
votes
1answer
105 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 ...
0
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1answer
63 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
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1answer
113 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 ...
1
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1answer
64 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
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1answer
68 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 ...
5
votes
1answer
135 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 ...
-1
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1answer
66 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 ...
-1
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1answer
130 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 ...
0
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2answers
83 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: ...
-1
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1answer
62 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
256 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 ...
2
votes
1answer
276 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
58 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
74 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 ...
4
votes
4answers
246 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
2answers
330 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
2answers
110 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'...
3
votes
2answers
539 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
65 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 ...
-1
votes
1answer
85 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 ...
0
votes
2answers
104 views

Can I write a book from someone's else talk?

I'm a freelance writer and decided to write a book basically by transcribing someone's else talks in a different language. A person has 50 videos where he talks about certain subjects. Theses videos ...
-1
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2answers
94 views

Ensuring software modules I build aren't used for illegal purposes?

When freelancing with a client you know well or do not know well, when they ask you to develop your software functionality in independent modules that can be plugged into any project they create, how ...
0
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1answer
57 views

General liability insurance for online business

I'm looking at general liability insurance but the market doesn't seem to comprehend that there might not be a physical location. It's entirely an online business and I work from my laptop remotely ...
2
votes
3answers
192 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 ...
-3
votes
1answer
118 views

Belgium V Luxembourg - cost of living for a non-EU freelancer?

Any guides for the cost of living Belgium and Luxembourg for a non-EU IT freelancer/ self-employed? Eg, monthly rent, tax, VAT, health insurance, food, etc. Any local freelance websites for IT ...
0
votes
4answers
239 views

How to be not liable if my application became something used for illegal stuff?

I am currently working as a freelancer in a Freelancer platform (Freelancer.com). I accepted a project that is requires cURL and PHP knowledge. He has the original script handed down to me, basically ...