Freelancer performance claims and guarantees - TOS

[af0db232]

Wondering if anyone can point me to the section of the TOC the may deal with advertised performance guarnatees. 

We have recently had a problem with a freelancer/agency who clearly advertising a performance guarantee or refund of paid fees. I confirmed this with the freelancer prior to starting the contract and have excalated to upwork support. Currently its an ongoing mediation process. 

But I would have to assume that freelancer would be subject to certain terms of service with respect to what they advertise on their profiles and the claims they make to obtain contracts. 

If not what would be the best course of action or recourse to deal with this specific situation. 

bottom line freelancer made claims based on performance, and confirmed the refund policy in messages. Could not execute and provide the results and not is refusing to honor the guarnatee. 

Very frusterating experience so far, i;m sure this is a one off. But either way i'd like to deal with this promptly. 

Tahank you in advance for any advise that you can provde, 

[prestonhunter]

re: "Wondering if anyone can point me to the section of the TOC the may deal with advertised performance guarantees."

The answer to your question is: no.

Because there is no such section.

[prestonhunter]

My opinion:

If you don't like the work that a freelancer is doing, then stop working with that freelancer.

That's it.

If you do anything else, you are taking a huge risk.

Refund thinking hurts clients.

If you think you are going to hire a freelancer and pay them money and then get money BACK from that freelancer?

Okay... maybe.

But what if you DON'T get money back?

Then you gambled and lost.

(And to be very blunt: Upwork does NOT intend for money to flow back and forth. The intended use of the Upwork tool is for money to be paid to freelancers and NOT refunded. That is how Upwork makes money. Upwork loses money if freelancers refund their earnings back to clients.)

If you don't want to lose money:

Instead of paying a freelancer and trying to get money back... It is better to proactively evaluate a freelancer's work and if you don't highly value their work, stop paying them. Assign the work to other freelancers on the team.

re: "If not what would be the best course of action or recourse to deal with this specific situation... Thank you in advance for any advise that you can provide."

Resolve now to never again ask a freelancer for money. Or for a refund. Save your money and your time by deciding proactively that you will review work as it is submitted, and when you see that a freelancer is not providing great value to your project, stop working with him.

[JoanneP]

Hi Graham,

I'm sorry to hear about your experience with the freelancer you hired for your project. I can see that you already have a ticket and one of our mediation specialists have updated it to assist you further. Please feel free to respond to your ticket by going here.