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15 votes

My client wants me to use pirated software. What should I do?

Client wants me to steal secret plans from the CEO of his competing company. He sent an email today detailing where I can find the plans, how to break into his offices, and a schedule for when the ...
Scott's user avatar
  • 17.4k
14 votes

Client owes me substantial money, I got another job full-time, client wants me to hand over keys to next developer without payment

Generate an invoice marked "past due". Send certified. That's all you can really do in your case, at this step, without getting an attorney involved. The $10,000 is probably more than any state's ...
Xavier J's user avatar
  • 5,363
9 votes

Client owes me substantial money, I got another job full-time, client wants me to hand over keys to next developer without payment

Unless you receive payment, I don't believe you are obligated to do anything. It's your fault to some degree for letting outstanding invoices "build up over time". You should never allow that to ...
Scott's user avatar
  • 17.4k
9 votes
Accepted

Employer Via Freelancing Platform Threatening To Take Legal Action Against Me

Sounds like you're using Upwork? If not, let me know and I'll adjust this. Personally, I've been using Upwork for over a year and pretty much stopped using it because of low-quality clients. If there ...
Memj's user avatar
  • 929
8 votes

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

Unless your contract specifically states that you own all rights or the right to resell/redistribute the work... then NO you do not have the right to resell or redistribute anything under any ...
Scott's user avatar
  • 17.4k
7 votes

Employer Via Freelancing Platform Threatening To Take Legal Action Against Me

Ignore it. If escrow was used for payments, they had to relinquish their hold on the escrow.... if they did so without approving of the work, it's not your problem. Bullying you into more work, or a ...
Scott's user avatar
  • 17.4k
6 votes
Accepted

Can I be held responsible for HIPAA violation?

I would suggest asking for a contract to be made, or you make one and ask it to be signed. The purpose of a contract is to protect both parties. You can simply state (the contract should be more in ...
Memj's user avatar
  • 929
6 votes

My freelancer stopped responding and we paid him more than he's completed, how to handle?

I'm assuming you are not looking to extend the business relationship, but to end it. In addition, I'll assume it's more important getting the website done than getting perhaps $500 back after a ...
morsor's user avatar
  • 3,887
6 votes

Is Refund Consulting legal?

Refund consulting (e.g. telling people that you can help them to locate lost or unclaimed money or property, in return for a fee or a percentage of the money claimed) is, as far as I'm aware, ...
Valorum's user avatar
  • 893
5 votes
Accepted

How do I prove my source of income as a freelancer?

Tax returns. Neither Fiverr nor istockphoto are your employers so they aren't obligated to track your earnings or send you records. It's up to you to maintain income records. Since these sites are ...
Scott's user avatar
  • 17.4k
5 votes

My client wants me to use pirated software. What should I do?

If you really need the job I'd look for comparable software that would be legal to use. Personally, I'd drop the project like a hot potatoe.
user6035379's user avatar
5 votes

Can client demand a refund for software that fails specifications?

Obviously, the following is not legal advice, but just some general advice from a seasoned freelancer / consultant: It looks like your client is right in demanding a partial refund, given that you ...
Dr. O's user avatar
  • 301
5 votes

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

In any creative venture, be it artwork, fiction writing, markup writing, coding, music, film.... the "work" is copyrighted and owned by the creator the moment it is created. There are only 9 ...
Scott's user avatar
  • 17.4k
5 votes
Accepted

Can I anonymously use my public LLC?

If you want to create an air-gap between yourself and the company that you're consulting for (so that people who have access to the company records for your freelancing LLC and your own personal ...
Valorum's user avatar
  • 893
4 votes

I am a US citizen living in the US, can I freelance for a UK company?

It is perfectly acceptable to work from the US for a UK company. You will need to invoice the UK company from a US entity (either Inc or self-employed), paying the taxes at a state and federal level ...
JohnHC's user avatar
  • 1,030
4 votes
Accepted

Should I warn client that I'm going to have to threaten legal action?

First, from looking at your first question and reading this one, I assume you've already pandered to the clients apologies and promises of payment too much. As well as this, I'll be assuming you're ...
lewis's user avatar
  • 545
3 votes
Accepted

Client asking for a refund of advance payments for an uncompleted project

It's really up to you to decide what the work you have already done is worth. If the advance payment was in the full amount then maybe meet the client in the 30%-50% refund range, supply him/her the ...
Fütemire's user avatar
  • 166
3 votes

Client asking for a refund of advance payments for an uncompleted project

You have just learned the importance of having a written schedule of deliverables. After which, anytime the client says 'can this do that', you say 'yes of course, that will be an additional $xx.xx, ...
PaulD's user avatar
  • 1,750
3 votes

Essential elements on contracts

Payment Terms Payment terms are imposed to ensure that payments are received by you within a reasonable period of time of finishing the work. Many freelancers miss this important component. I ...
Xavier J's user avatar
  • 5,363
3 votes

Are you responsible for the legality of the code you provide to every client?

Actually, contracts most often work the other way around: The client insisting that you ensure the code is legal and lives up to standard industry practices. As a freelancer, you often deal with ...
morsor's user avatar
  • 3,887
3 votes
Accepted

Beta testing experience in portfolio

Most beta tests for software have a non-disclosure agreement which often prohibits even stating one was part of any beta testing. If your agreements permit disclosure of the testing, then merely ...
Scott's user avatar
  • 17.4k
3 votes

Partners logos - legal obligation

As a partner, no. This implies two-way traffic. I mean, it might be legal depending on where you are and which companies, but it's confusing enough that I'd consider it unethical. However, listing ...
PixelSnader's user avatar
3 votes

Are more corporate doors open for incorporated freelancers?

I find this question really difficult to answer because it's really a 'yes' and a 'no'. Yes, you can get work with larger companies because often large companies and agencies will only work with ...
lon124's user avatar
  • 631
3 votes

Are more corporate doors open for incorporated freelancers?

You have the ability to get into more opportunities when your business is registered as a corp or LLC, because it removes a threat of liability (for paying statutory employees under-the-table) for the ...
Xavier J's user avatar
  • 5,363
3 votes
Accepted

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

...how can you ensure that they do not use it for any illegal purposes? Especially when their work is used in multiple countries? You cannot. But if someone asks me to write a module that secretly ...
PaulD's user avatar
  • 1,750
3 votes
Accepted

When to take legal action against client for outstanding payment?

"When"? I'd have started considering it if a client of mine was more than two weeks late. But you're way past that point. The real question is how effective anything you do will actually be. If ...
Xavier J's user avatar
  • 5,363
3 votes
Accepted

Virtual address for freelance use?

The answer to your question is "Legal," by whose jurisdiction and in what country. In America, it would not be illegal, as long as the address was then truly your, and you in fact could and were ...
user17912's user avatar
3 votes
Accepted

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

In order to create a legal business entity in the United States a location (address) must be on file and is public record. With the above in mind, what additional harm could come from putting that ...
Scott's user avatar
  • 17.4k

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