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Cheated by a freelancer.

Active Member
Alberto C Member Since: Aug 2, 2019
1 of 10

Dears,

I have asked a freelencer to redisgn a website, before finish the project I have deicied to pay and leave a positive feedback, unfortunatly now the freelancer is not uploading the website to my domain, always find some exscuse, and more over there is not way to connect directly upwork support.

Please some one have some good suggestion

 

Thanks

Community Guru
Michael S Member Since: Aug 29, 2017
2 of 10

While it's unfortunate that this happened, it could have been avoided. You said you paid the freelancer before the project was complete and even left good feedback. This was a mistake.

 

For fixed-price projects, the funds are held in escrow while the work is being done. Once it is submitted as agreed, you have 14 days to review the work and either release the payment or request changes. This is your chance to make sure the work was done as you asked. Once the funds are released, that is technically your agreement that the work was done to your satisfaction.

 

For hourly contracts, there is a review period at the end of each week for you to go over what the freelancer has done, and to make sure they were doing as they promised.

 

In either case, by paying and leaving a positive review before the job was complete, you have removed any and all incentive for the freelancer to complete the work. They've already been paid, so they no longer care.

 

Was it unethical and unprofessional on their part? Absolutely. And they absolutely preyed upon your unfamiliarity with the protections in place. This is why it's vitally important to learn and understand how the system works before beginning work or hiring a freelancer.

 

I don't mean to sound like I'm blaming the victim, but contractually, there doesn't appear to be a whole lot UW will be able to do in this instance (please note I am not a member of the UW team). Unfortunately, these types of freelancers exist, and will continue to exist, giving the rest of us a bad reputation.

Community Guru
Petra R Member Since: Aug 3, 2011
3 of 10

If it is less than 30 days since the last payment was made you can dispute the entire amount, even if nothing is left in Escrow, you just have leverage (nothing in Escrow)

 

If it is more than 30 days, unfortunately you depend on the freelancer's cooperation.

Ace Contributor
Imran K Member Since: Nov 21, 2017
BEST ANSWER
4 of 10

Hi Alberto, 

 

Sorry to hear that. @Michael already described everything very clearly. As per your post, I am assuming 14 days already over your end for place disputes. But I do believe, still, you have options to send him to refund request.

 

Also, as the freelancer hasn't completed the task 100% so I would suggest based on the freelancer work progress, you should ask him some % of refunds, instead of full refund. The reason I am telling doesn't ask a full refund, because I am assuming, when you saw good progress of the project, on that time you might realize to release the fund. But if you believe the projects ZERO outcomes then you should place a full refund request. So based on his current work progress you should request a refund.

 

If you really want to communicate with Upwork team. Here is the direct link :

https://support.upwork.com/hc/en-us/requests/new?utm_source=ada&utm_medium=bot&utm_campaign=handoff

 

Definitely, Upwork team will help you out. 

 

Thanks

 

Ace Contributor
Robbie B Member Since: Oct 30, 2015
5 of 10
Is it possible there's been a misunderstanding of the work involved?

Design a website doesn't state, make it live when it's ready. As much as you'd think it'd be obvious, there are times the design is only the first phase of a site redesign or launch.

If you've received access to files stored elsewhere, the freelancer could think you're handling uploading the site.

I'd message your freelancer back, telling him/her you thought they'd upload the site once you were happy with the design. Now that you are, ask them what the next steps are to get it online.

Does sound unethical. Then again, a freelancer being paid, getting a good review, then things turning sour... that's gotta be confusing. That's why I think it's a communication problem.
Active Member
Alberto C Member Since: Aug 2, 2019
6 of 10

First of all thanks to everybody to the promt replay, I have close the contract three days ago, unfotunatly the freelancer is unable to upload the page on domain and let it work, this is like waste all project I have paid.

Yes is my mistake I have paid "in advance" I have never imagine she was not abe to upload the pages and let it work.

I will try to connect upwork support.

 

Thanks again 

 

Alberto

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 10

re: "I will try to connect upwork support."

 

This is not an Upwork Customer Support issue.

 

I can assure you that Upwork Customer Support does not review web site source code or upload web site files to active web hosting accounts.

 

You would be better off talking to us to help you figure out what do do next.

 

There are only three possibilities here:

a) The freelancer you hired cheated you by intentionally claiming to be able to do work that she can not really do, and/or did not really do. She has not done the task you asked her to do.

 

[or]

 

b) The freelancer did what you asked, which was to create a website (probably using tools she is familiar with), but she lacks the technical ability to upload that site to an active web hosting account. If this is the case, then she can provide you with the files, and somebody else can post them on an active web-hosting account with a domain name pointed to it, so that you have a complete site.

 

c) You asked the freelancer to both create website files AND make these into a finished, usable website with a domain name pointed to it. She did the first part, but doesn't know how to do the second part.

 

If either (a) or (b) are correct, then the smart move would be for you to obtain the files she produced, and get the help you need in order to post them as an active website with a domain name pointed to it...

 

...Which might be a ten-minute task (depending on exactly what it is she provides you with).

Ace Contributor
Robbie B Member Since: Oct 30, 2015
8 of 10

I'm watching this thread as I don't understand why it's a wasted project. If the files are there, the work's done. I wouldn't like to think a lapse in communication leads to a designer having to refund the full amount if all that's needed is the files uploaded to a server.  A partial refund maybe, depending on how they sold the service.

Active Member
Alberto C Member Since: Aug 2, 2019
9 of 10

Dear Preston, 

You catch the point, and in specif is the point C, the website is one page this mean is not request a specific skills in programming the code, but unfortunatly she dosen't got even this basic skills.

 

Yes I got the file, I will ask or open another job to upload this file on server, what I want is just change the feedback to her, also because she destroy the current website online.

 

All the best

 

Gabriele 

Community Guru
Preston H Member Since: Nov 24, 2014
10 of 10

Alberto:

I'm sorry you are disappointed in yourself for leaving good feedback before you fully realized the limitations within this freelancer.

 

You are trying to be noble by correcting your mistake.

 

But I would advise you to just let it go. The Upwork user interface doesn't let you unilaterally change already-left feedback.

 

The only way you can change the feedback for this freelancer is to ask her to click a button on her side that will allow you to make a change. She is unlikely to do that.

 

I think you need to trust that the problems she has as a freelancer WILL manifest with other projects, and other clients will leave accurate feedback.


So for now, put yourself and your project first, rather than thinking about that freelancer whe let you down. Just let that go and move forward with your project.

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