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Refund the money in the fund and cancel the contract

Active Member
Shristi M Member Since: Sep 8, 2016
1 of 12

Hello, We hired a freelancer for the work  and have paid 75% of the charge but the quality of work provided is not as professional designer. In every set of designs given have careless work as have used text where needs button and the work is also very low standard. So We want to cancel the contract and get back the remaining amount in the fund.  so can anyone let me know how can I get the money back to my account

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
2 of 12

Hi Shristi,

 

Please communicate with your freelancer and try to find an amicable solution. You end the contract but your freelancer would need to approve the refund of funds in Escrow.

 

If you can't make an arrangement, you can file a dispute and our team will follow up.

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Community Guru
Preston H Member Since: Nov 24, 2014
3 of 12

Ultimately the important thing is that you have a high-quality end product.

 

It is a wise decision to stop working with a freelancer who can not deliver the level of quality you desire.

 

Definitely offer to pay her part of the money left in the contract as a settlement, while making it clear that if she accepts, she will no longer need to do any more work, and that this arrangement will allow the two of you to part ways amicably.

 

Disputes are a waste of time and energy. Always arrange your contracts so that work is done in small enough chunks, with small enough sums of money, that you never need to file a dispute.

 

But the most important thing is to stop wasting time with her and get freelancers (more than one) on board who produce the high-quality result you are liking for.

 

EVERY project of any size or significance should PLAN to pay some freelancers for work that can't be used as part of the overall process of finding the best people who are the best fit for the project.

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Active Member
Rabih K Member Since: Sep 27, 2016
4 of 12

Hi Shristi,

 

I tend to agree with Preston, you need to stop the work immediately and take action.

 

However, what i would do next time is End the Contract, and elect to pay $0 to the freelancer. Although my funds will be stuck in Escrow for a while, i would open a dispute or wait for the freelancer to open a dispute (i can't see the difference), and that is where i will bring up the issues.

 

Negotiating with a Freelancer is a waist of time... and making partial payment is waisting money for a product that I would not be able to use... it actually might encourage shaddy freelancers to make quick dollars that way.

 

Eitherway, leave the appropriate Feedback for the freelancer for any prospective clients to see.

 

Goodluck

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Community Guru
Preston H Member Since: Nov 24, 2014
5 of 12

One thing that may not have been stated explicitly, but which I think most of us would agree on:

 

Don't try to negotiate work quality with a freelancer who has demonstrated that they're not up to the task.

 

You might discuss how to end the project, how to finalize payment, how to deliver files created thus far.

 

But if a freelancer can't produce what you need, discussing the matter with her isn't going to help. It is not a client's job to teach a freelancer how to perform the tasks the freelancer claims to be an expert in.

 

Of course: Always be polite.

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Active Member
Chen Fong G Member Since: Oct 8, 2017
6 of 12

Preston H, I agree with you 100%. I now have a dispute with a freelancer AS who showed seriously bad attitude and incompetence right from the start. Nearly a month has been wasted on me trying to teach this person how to draw, and this person ignoring me most of the time, acting hostile, blaming me for not teaching him, etc.

 

Now my money is stuck in escrow thanks to this person disputing the funds. He wants full payment for delivering what I've calculated as 15/180th of the contract weeks late.

 

When will my funds be released? I suspect merely by disputing, even though he has no case (and the dispute specialist agreed with all of my claims!), AS can keep my money in Escrow forever. He's probably hoping I will just capitulate and give him some extra funds just to get the rest of my money back.

 

This person AS has like 300 illustration contracts performed successfully but couldn't do basic drawing. I gave him the benefit of the doubt at first because of his stellar record, but now I suspect he may just have taken over some friend's account.

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
7 of 12

Hi Chen Fong,

 

Dispute process has a defined structure and time frame so please do keep following up on your ticket and our agent will soon share an update regarding the next stage of the dispute, which is arbitration by a third-party provider.

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Community Guru
Petra R Member Since: Aug 3, 2011
8 of 12

@Vladimir G wrote:

Hi Chen Fong,

 

Dispute process has a defined structure and time frame so please do keep following up on your ticket and our agent will soon share an update regarding the next stage of the dispute, which is arbitration by a third-party provider.


Arbitration  also costs $ 291 per party (freelancer, client and Upwork) which you don’t get back even if you win arbitration........ 

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Moderator
Vladimir G Moderator Member Since: Oct 31, 2014
9 of 12

@Petra R wrote:

@Vladimir G wrote:

Hi Chen Fong,

 

Dispute process has a defined structure and time frame so please do keep following up on your ticket and our agent will soon share an update regarding the next stage of the dispute, which is arbitration by a third-party provider.


Arbitration  also costs $ 291 per party (freelancer, client and Upwork) which you don’t get back even if you win arbitration........ 


 To add to Petra's comment, in case one party proceeds with paying the fee and the other declines the arbitration fee is returned and funds in Escrow awarded to the paying party.

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Community Guru
Preston H Member Since: Nov 24, 2014
10 of 12

...which essentially means it is like a game of "chicken."

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