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Help with a refund

5845a7e9
Active Member
Giusy C Member Since: May 26, 2016
1 of 9

Hi Upwork community, I hope you are all having a great day!

 

I was wondering if some of you could give me some insight on my situation. I hired a developer from India to build me a MVP for a simple app. Although I kept asking him for an estimate (asked around 14 times) he could never give me one. The hours kept clocking, and 8 weeks and $2700+ later, he gave me an estimate of another 8 weeks at 500$ a week. The 2 builds he sent me did not work. The designs were ok but needed to be modified to make them more user friendly, something which I kept instructing him to do with no fruition. Every week, it was the same problems with the build and nothing was changed. I paused the contract and had the code reviewed by a friend who told me that it was useless and the database for the app was a catastrophe. I disputed the work done because I felt truly unhappy. The freelancer refused to give me a feedback, even when I offered partial payment to end things in good faith. He said he worked hard, yet at the end turned around and said that he couldn't give a refund because the developers had been paid, so he subcontracted without my knowledge. Is this allowed? 

 

I have never had a problem with any other freelancers, still have amazing working relationships with ones I hired. In the end I found someone really great here in the US to build me the app, but from the freelancer in India I have no build, no designs and no refund. So I basically threw $2700+ down the drain and Upwork didn't do anything about it.

 

 

Has anyone else come across such a situation and how did you resolve it?

 

Thank you all in advance!

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
BEST ANSWER
2 of 9

re: "The hours kept clocking, and 8 weeks and $2700+ later, he gave me an estimate of another 8 weeks at 500$ a week... I paused the contract and had the code reviewed by a friend who told me that it was useless and the database for the app was a catastrophe."

 

Giusy:

You did EXACTLY THE RIGHT THING.

 

But you did it 8 weeks too late.

 

Experienced project owners have a competent project manager review the work a developer submits from the very beginning.

 

From the very first week, your project manager would have been able to tell you that the developer you were working with was not somebody you should continue paying. You could have ended the contract immediately and hired other people.

 

I'm sure you realize this now. But this is good advice to point out for anybody reading this.

 

As for a refund, I don't know that Upwork can do anything for you. What do you suggest, exactly?

 

 

View solution in original post

5845a7e9
Active Member
Giusy C Member Since: May 26, 2016
3 of 9

Hi Preston, thank you for your response.

 

I would've liked Upwork to have been a bit more persistent with getting the freelancer to give me a refund or at least the designs and the build. I have definitely learned my lesson and will never be hiring from India again. I had never had this problem before but then again I only worked with US and European developers who are really really great to work with. I did not have a project manager at the time as I was building the app as a side project, but thankfully now I do. Either way, I also wanted to warn other clients from hiring this swindler of a freelancer, who's reviews are clearly fake.

 

 

csjarmitage
Community Guru
Christy A Member Since: Dec 30, 2015
4 of 9

I just really want to reiterate Preston's comments regarding project management.

 

It's incredibly common for PMs to be brought into the mix after chaos has taken over.  Starting with a good PM, even for a moderately small job, will save you a lot of time/money/anxiety in the long run.  

 

If you decide to go that route next time, make sure you choose a PM that specializes in your project area.  

gerrys
Community Guru
Gerry S Member Since: Nov 23, 2014
5 of 9

Every hourly job requires a plan / task list for the coming week.

 

At the end of the week, you review results and approve or don't approve the work / release funds.

 

Anything else, and you have an out-of-control project ($; time; quality).

yitwail
Community Guru
John K Member Since: Feb 17, 2015
6 of 9

@Gerry S wrote:

Every hourly job requires a plan / task list for the coming week.

 


 That's undoubtedly nice but aren't you assuming that a freelancer would max out his weekly maximum without one? Speaking personally, I have any number of open hourly contracts, but I only log in hours when there are tasks to be done -- I don't make up my own tasks in order to pad my hours.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
7 of 9

@Gerry S wrote:

Every hourly job requires a plan / task list for the coming week.

 

At the end of the week, you review results and approve or don't approve the work / release funds.

 


 That is not how hourly contracts work....

 

Clients do not get to approve the time, clients do not get to approve the work, and clients do not get to release funds on hourly contracts.

 

On Monday after the work week has ended, the client gets charged for all hours logged during the previous week up to the weekly limit set.

 

They then have until Friday to examine the work diaries, and dispute if needed.

 

Disputes on hourly contracts can NOT be done for quality of work, as on hourly contracts the client does not pay for a product or result, they pay for time.

 

Hourly contracts can only be disputed for the previous week and only for

  • manual time
  • hours with low activty
  • lack of memo
  • segments where the screenshots show non work related activity
9da226cd
Active Member
Paulette R Member Since: Dec 5, 2019
8 of 9

Hello and I promise you that we are dealing with the same issues. But have not tried to get refund yet. 

bstojadinovic
Moderator
Bojan S Moderator Member Since: Mar 9, 2018
9 of 9

Hi Paulette,

 

I'm sorry to hear about your experience. I checked and saw that you already communicated with our support team via this support ticket. If you need any assistance going forward, don't hesitate to reach out to us here or follow back to your existing support ticket, we'd be happy to assist you accordingly.

 

Thank you!

~ Bojan
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