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Re: Refund request for being unsatisfied with the work outcome

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Michael M Member Since: Dec 11, 2017
1 of 18

I have worked with my freelancer for about a six months and the work was very slow. Now, I have ran out of my time to work on this project and my freelancer is handling this refund request very well because it was a fixed price job. So there is not guarantee of getting my money back unless he manually does it. I already paid all the requested money and he knows very well how this process works. 

 

Payment which was $8000. $2000 for prototype build and $6000 for iPhone app development. I don't even want the full refund because I think it is unfair to make my freelancer work for nothing. I want to ask for my $6000 development fee. I called the Upwork and currently communicating with one of the Upwork customer experience team member but they are not even responding back. So they are not helping.

 

The main reason why I want this refund is because the development was very slow and now I ran out of time because I have to leave the country in few weeks. Also, I am not satisfied with the quality of finishing touch. There was a lot of issues during the process of development and I had to point out every little details that are wrong and not working and it took long time for me to point ouf everything. And I don't have time to do that anymore.

 

My final option is disputing $8000 with the bank as in reason of Good/service not as expected but Upwork remined me that disputing with my bank will suspend my account and I will have no longer access to my conversations which is a mouse trap. I am talking to my lawyers to find a way out of this but any advice/help from Upwork community will be great. 

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Petra R Member Since: Aug 3, 2011
2 of 18

Was it an hourly or a fixed rate contract?

 

Both are governed by terms of Service you agreed to...

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Michael M Member Since: Dec 11, 2017
3 of 18
Fixed price.
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Prashant P Member Since: Sep 29, 2015
4 of 18

If fixed price then was it milestone based?  Did you approve intermediate milestones?

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Katrina B Member Since: Jan 9, 2011
5 of 18

@Prashant P wrote:

If fixed price then was it milestone based?  Did you approve intermediate milestones?


 He's already paid all the money. 

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
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Michael M Member Since: Dec 11, 2017
6 of 18

Thanks for your reply to his question. My freelancer just commented we both should just move on in life. What is your advide on that comment?

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Katrina B Member Since: Jan 9, 2011
7 of 18

It's really hard to say, because if you do a chargeback you will lose your account. 

 

Since the money has been released and the freelancer refuses to return it Upwork can't get it back for you. 

"Fairness is giving all people the treatment they earn and deserve. It doesn't mean treating everyone alike-Coach John Wooden"
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John K Member Since: Feb 17, 2015
8 of 18

@Michael M wrote:

Thanks for your reply to his question. My freelancer just commented we both should just move on in life. What is your advide on that comment?


 That's easy for the freelancer to say, since he's $8000 richer. If it's any consolation, I think Upwork should slap him for making this remark, it's rubbing salt in the wound, but once you as a client approve a fixed price milestone, it's difficult to get the money back unless the freelancer is willing, so the most you can do usually is leave the freelancer negative feedback. Of course, if you already left positive feedback, then you won't be able to change it without the freelancer's consent, which is unlikely to happen.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
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Nina K Member Since: Nov 29, 2017
9 of 18

Hi Michael,

When you release funds from escrow on a Fixed-Price contract, this functions as approving the work that the freelancer did. Once the funds have been released to the freelancer, you are able to only get a refund if the freelancer agrees to refund you the money. Upwork cannot initiate a refund of the money once you have approved the work and released the money to the freelancer from escrow.

~Nina
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Michael M Member Since: Dec 11, 2017
10 of 18

I understand the fixed rate payment process. But there is a loophole for the client because freelancers require their client to approve their payment to keep working or they stop working, so the client is left with no choice but to release the payment in order to keep going forward with the project.

 

This Upwork business is very unpredictable because client doesn't know if the freelancers will keep producing good quality and complete tasks by deadline. And most of the times, they DON'T CARE about the success of your project because for them you are just another client. They will do the minimum of required work and say to their client that this is the best we can do.

 

Client is taking a huge risk by paying them upfront payments to complete the project hoping to receive what they are hoping for. But what happens if freelancers slow down or does not do well at the end? Angry, and unsatisfied client is the result. And what happens if clients requests a refund because they are angry, unsatisfied of the outcome they receive?

Another WIN for the freelancer.

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