Exception to complete delivery rule

[callyofficial]

I know Fiverr TOS states delivery of orders needs to be complete, which works 99% of the time. But I think there should be an exception to this rule.

As a music producer/audio engineer, for a few of my gigs, as well as delivering the final audio file, I have an extra to deliver all the stems/parts (for my more expensive gigs), and although I don't personally do this, I can also deliver a project file if I want. 

I feel it would better protect the seller to only submit the stems/parts/project files etc. once the buyer approves the order.

Once the parts/project file is handed over, whether for audio, design, or any other category, the buyer has the elements to use in whole, or modify, but they can still request to cancel the order. To me it makes complete sense to only send these parts once the buyer has committed to paying for the work and time spent on the order.

I know most buyers are honest, so I understand this would only affect a minority of situations, but it would better protect the seller and without any disadvantage to the buyer, as a buyer should not expect to receive the elements to a project they haven't approved or paid for.

I'd love to see this considered and really feel it would be another way to better protect Fiverr sellers.

[smashradio]

That would leave the buyer at risk of not receiving what they paid for: if the order isn't complete, it's not complete. 

I would be angry if a seller tried to make me accept a delivery that wasn't an actual delivery of the agreed upon project. 

Besides, if a buyer ends up misusing your audio (for example by using your music after having cancelled an order) you can actually take legal action against them. 

I've done it with voice-overs. You should make your terms very clear: any usage of the audio if the order is cancelled for any reason = legal action, takedowns, DMCA's and so on. 

I noticed that buyers who try to cancel the order after delivery often do so because they don't want to pay for what they've got, essentially stealing your work. They don't view it like that though, until the letter with a cease and desist arrives. 

Sometimes it will be other businesses re-selling my services without the required rights, and I'll take them down piece by piece to the fullest extent of the law. Guess what: people don't want to work with thieves so they end up loosing money and a reputation because of it. 

So you are protected. You just have to follow up on theft and abuse. 

[smashradio]

Alternatively, on larger orders, you could use milestones, where milestone one is "delivery of sample" or whatever, and the second is "delivery of stems" 

[callyofficial]

51 minutes ago, smashradio said:

Besides, if a buyer ends up misusing your audio (for example by using your music after having cancelled an order) you can actually take legal action against them.

I understand this but feel it is unrealistic as it would be a big drain on energy and time.

[smashradio]

3 minutes ago, callyofficial said:

I understand this but feel it is unrealistic as it would be a big drain on energy and time.

Oh yeah, it can take up energy and time. But it's better than letting buyers exploit you. 

Anyway. I get why you'd want something like this, I just don't think it's a good idea. 

It doesn't have to be a big drain, though. I find that just the information about steps that will be taken if the audio is abused, will make the buyer think twice before doing something like that. 

If they don't pay for the work, they have no right to use the product. Simple as that. So you are protected. But as a freelancer, it's your responsibility to enforce your terms: not Fiverr's. 

[callyofficial]

2 minutes ago, smashradio said:

Oh yeah, it can take up energy and time. But it's better than letting buyers exploit you. 

Anyway. I get why you'd want something like this, I just don't think it's a good idea. 

It doesn't have to be a big drain, though. I find that just the information about steps that will be taken if the audio is abused, will make the buyer think twice before doing something like that. 

If they don't pay for the work, they have no right to use the product. Simple as that. So you are protected. But as a freelancer, it's your responsibility to enforce your terms: not Fiverr's. 

Again I understand this, but feel my suggestion of Fiverr releasing project parts/stems etc. after payment is far better and reduces time and energy that could be given to other buyers.

[visualstudios]

On 8/28/2021 at 3:12 PM, smashradio said:

That would leave the buyer at risk of not receiving what they paid for: if the order isn't complete, it's not complete. 

Not really. The buyer can "held you hostage" by not leaving a review. If you tried to play a fast one and not deliver what you promised, you would be hit with a 1 star review. I feel perfectly safe as a buyer because the power is on my side in the review process.

[artrey3]

As a new member this is something I often worry about. As a buyer, yes I can approve the sellers work with a 2 track demo of the service, but that is a far cry from stem delivery and/or delivery quality. It's all a grey area. As as buyer we kind of hope for the best, as a seller they kind of hope for honesty in payment. However, complete is complete...it's hard to say a job is COMPLETE and THEN wait for final delivery? No where else in the world I know of would you mark an item as "delivered" before you actual receive it.Each side relies on faith of integrity, yet each side sometimes gets burned. SMH.

[followthefundev]

On 8/29/2021 at 7:04 PM, visualstudios said:

The buyer can "held you hostage" by not leaving a review.

This is not something that new members will know though, this is something you discover through using the site a lot.

 

On 8/28/2021 at 3:12 PM, smashradio said:

Besides, if a buyer ends up misusing your audio (for example by using your music after having cancelled an order) you can actually take legal action against them. 

While this is true, most people don't have the time or money for this. 

On 8/28/2021 at 2:54 PM, callyofficial said:

I feel it would better protect the seller to only submit the stems/parts/project files etc. once the buyer approves the order.

Would it not make sense to add a watermark to it? Just like they do for image deliveries