by tell my story i need explain my purpose clearly, to avoid missunderstanding.
my purpose is only to help/protect/prevent other clients, especially new client like me, so they not through pain with Upwork just like me.
i put mostly story on pdf attachment so you can check on it most of the story.
For who doesnt want read all, the short is:
1) i put all requirements i need for new site with that spesifications with Fixed Price.
2) Freelance agree with the price and timeline and with the all requirements i need.
3) Freelance show ongoing progress with not include framework that he promised, with the reason is not necesarry for my requirements., he just use ready template that you can buy cheap on codecanyon.
4) Freelance finally want to use framework as we agree before, and ask me to send all mockups design.
5) I send all mockup and he promised to deliver as my mockups on the 1 month later.
6) 1 month later he send the work result but the mockup design still same 1 month ago when he show me without framework (see number 3).
7) since i already waste 3 months without nothing and freelance not deliver as timeline i gave and as he promised, i finally do dispute.
😎 We use Arbitrary , and we need pay more $300 for this service.
9) Arbitrary decision is made and the result is all my funds for this job is 100% must be paid to freelance.
**Edited for Community Guidelines**
So that mean i just lost all money and waste a lot time and my project will be postpone due financial issue.
I never thought business flow road upwork run based on third party.
Upwork not want make decision or responbility regarding issue on their platform.
and Arbitatry decision is the final, you will not able know that you are on the wrong side or right side even you already read all TOS or TERMS Upwork, because Arbitatry is the decision owner.
So i not get any single file at all for $1450
So my Final Note:
This Arbitatry doesn't want explain regarding his decisions and it is clear This Arbitatry considers Freelance is a fellow profession as a seller of services, very irrelevant and biased.
* i remind you not all Arbitrary is like above, some is good peoples, but as you are a clients you must be careful and understand you will lost all your money with this Upwork terms.
Also i not blame Freelancer because on all platform like Upwork or F***rr or E***ce or others there are always good and bad freelance person.
But if you want more safety as client you might consider how is the platform work so you not risk your money when you stuck with bad freelance and finally you stuck with the dispute and finally you lost your money.
Since i already tried other platform like Upwork, definelty other platform has a better or clear term, like Fixed Price with exact requirements will mean you will not pay for something outside of your requirments.
Plus they will not waste your time and not ask you to pay more for Arbitrary service.
I like Upwork if i Freelance, but if i'm client, i will not risk my money on Upwork, i will use other platform that more safer.
i don't want argue especially with other Freelance, this just my experienced and truth and already happen.
If show link mean already do work, that will easily abuse by any freelancer, even i can show you default wordpress admin and demo link any theme from google, and i can claim i already do work, and i can go to arbitrary to win claim.
The fact that the Freelancer need show link only (but not investigate is the link is same like requirements of the job) that actually explain everything he not yet doing anything based on requirements, and is pity that arbitrary is person who do not understand cases related to website, arbitrary only knew freelancer already gave link and claim it so freelancer deserve to pay full 100%, oh my God.
If use Arbitrary, please use one who really understand about digital goods very well and not just understand law or rule but lack knowledge on digital goods.
@Cherry Mae H wrote:
I would like to ask because I have similar problem. Can a client file a legal case outside upwork without going through arbitration first?
I have no idea, I'm neither a lawyer nor an Upwork employee. I expect there's something in the ToS somewhere that says you agree to use their arbitration process or something like that. And probably you'd have better luck with a legal case if you tried to use the avenues available to you first.
If a client wanted to pursue legal action outside of arbitration, we won't be able to prevent the legal process from commencing, however please refer to your recent communications with our support team for more detailed information, thank you.
I hope your problem is done in a fair way for the right party.
upwork, no matter what happens in my contract with a freelancer, Upwork will only care about their TOS which means arbitrary if your freelancer is "naughty".
If there are any issues Upwork will throw into the arbitrary, even though you may be on the right side of the innocence.
When you put money in Upwork, you have to be ready with the counselor and prepare to lose at the arbitrary level even if you are right.
The funny example concept is, you eat at the Upwork restaurant, and you are upset that the menu you ordered is not the same given by the chef, and you ask for the money you have paid back, but because the chef disagrees with you, you try to hold the account owner Upwork restaurant, but the restaurant owner will throw to the arbitrary party to decide.
Because it's their rule.
it breaks my heart.
I like everything about Upwork, especially the system and beautiful UI, but with feelings of fear and worry at any moment harmed by arbitrary, since i can't lost my money for a blank result, make me avoid Upwork for now until they change Their TOS that are detrimental to the client.
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