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How is "dispute period" defined in the Upwork's Terms of Service exactly for an hourly contract?

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Active Member
Dmitry F Member Since: Oct 23, 2017
1 of 8

How is the "dispute period" term defined in the Upwork's Terms of Service exactly for an hourly contract?
I have read all chapters at https://www.upwork.com/legal and am unable to find an answer.
Please provide an exact link to the Upwork's Term of Service's chapter/paragraph which answers this question.

I need proofs, not opinions.

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Community Guru
Preston H Member Since: Nov 24, 2014
2 of 8

"...timing is critical here — you must file any dispute during the five days after the billing period closes. For example, freelancers must submit their hours for the prior week to you by Sunday at midnight UTC. You then have from Monday at noon UTC until Friday at midnight UTC to review those hours and file a dispute"

 

Read:

Dispute a Freelancer’s Hours

 

Screen Shot 2020-01-30 at 11.41.49 PM.png

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Community Guru
Preston H Member Since: Nov 24, 2014
3 of 8

re: "Please provide an exact link to the Upwork's Term of Service's chapter/paragraph which answers this question."

 

FYI:

There are many useful things to be found on those pages at Upwork.com/legal

But there are many things that are NOT there.

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Moderator
Avery O Moderator Member Since: Nov 23, 2015
4 of 8

Hi Dmitry, 

You may refer to Section 2.2 Hourly Invoice Review of the Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions of the Upwork Terms of Service. I have also noted it here for your reference: 

Client must review and approve or dispute the Hourly Invoice by 11:59 PM UTC of the Friday following submission of the Hourly Invoice. Payments will be held in escrow during the Dispute Period (defined below), providing four additional days to review and dispute the invoice before funds are released. During the Dispute Period, Client may initiate a Dispute as to some or all of the time invoiced on the Hourly Invoice.
 
On the Friday of the week following submission of the Hourly Invoice, Client will be deemed to have approved all undisputed amounts on the Hourly Invoice, and irrevocably instructed Upwork’s Affiliate, Upwork Escrow Inc. (“Upwork Escrow“), to release escrow funds as described in this Agreement.
 
Notwithstanding the foregoing, all hours recorded and submitted by Payroll Employee on the Upwork website will be deemed approved by Client automatically, and Client authorizes and irrevocably instructs Upwork Escrow to release payments for those hours to be paid to the Staffing Provider by Client's account each Monday following the week in which the hours were worked. Client may not reject time or file a Dispute for Payroll Employee time worked.

-Avery
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Community Guru
Petra R Member Since: Aug 3, 2011
5 of 8

Yet Upwork will entertain client requests for dispute assistance for 30 days and will, at its sole discretion, examine the work diary of the preceeding 30 days and make "adjustments!"

 

So the 5 day dispute period is really a 30 day dispute period.

 

 

7.2 UPWORK DISPUTE ASSISTANCE
Non-binding dispute assistance (“Dispute Assistance”) is available within 30 days of the date of the last release of funds from Client to Freelancer. If Client or Freelancer contacts Upwork via support ticket within 30 days of the date of the last payment from Client to Freelancer and requests non-binding dispute assistance for any dispute among them (a “Dispute”), Upwork will attempt to assist Client and Freelancer by reviewing the Dispute and proposing a mutual, non-binding resolution. Upwork will only review the 30 days of work performed prior to the date a User requests Dispute Assistance.
  • The Upwork Disputes team will notify Client and Freelancer via ticket by providing a notice of dispute along with a request for information and supporting documentation.
  • If both Client and Freelancer respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the Site that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
  • The proposed resolution is non-binding; Client and Freelancer can choose whether or not to agree to it. If Client and Freelancer agree in writing to the proposed resolution, Client and Freelancer agree that Upwork Escrow is authorized and irrevocably instructed to immediately release Escrow funds in accordance with the proposed resolution.
  • If Client or Freelancer rejects Upwork’s proposed, non-binding resolution then Client and/or Freelancer must pursue the Dispute independently.
  • Upwork reserves the right to review the Freelancer’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to make adjustments to invoices, and to direct Upwork Escrow to make appropriate releases to Client if it finds work that clearly does not relate Hourly Contract requirements or Client instructions in the Work Diaries or violations of the Terms of Service during its review of the work.

 

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Dmitry F Member Since: Oct 23, 2017
6 of 8

Thanks for great answers!

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Active Member
Dmitry F Member Since: Oct 23, 2017
7 of 8

Is the statement «client has the right to dispute funds up to 60 days from the last payment» true or not regarding an hourly contract? How can it be proved?

 

I found only a mention of "30 days" in the Chapter 7.2 («Upwork dispute assistance») of the «Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions» article (https://www.upwork.com/legal#escrow-hourly): 

 

Upwork reserves the right to review the Freelancer’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to make adjustments to invoices, and to direct Upwork Escrow to make appropriate releases to Client if it finds work that clearly does not relate Hourly Contract requirements or Client instructions in the Work Diaries or violations of the Terms of Service during its review of the work.

 

 

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Community Guru
Petra R Member Since: Aug 3, 2011
8 of 8

Dmitry F wrote:

Is the statement «client has the right to dispute funds up to 60 days from the last payment» true or not regarding an hourly contract? How can it be proved?


No, it isn't, and you do not need a new thread for this.

The client can ask for a refund after the 30 days are up, but no dispute.

 

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