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Sue Upwork

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Community Guru
Preston H Member Since: Nov 24, 2014
31 of 60

If you are serious about a large development project, then you will need to use an independent project manager, or act as project manager yourself.

 

I do not believe that you did either.

 

I believe that you relied on the lead dev to be the project manager. But only about 20% of lead devs can do that. I believe that the lead dev you hired was among the 80%.

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Ace Contributor
Martin S Member Since: Nov 5, 2018
32 of 60

I had a project manager.

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Ace Contributor
Martin S Member Since: Nov 5, 2018
33 of 60

Preston H wrote:

Upwork has consistently applied its posted rules and policies while dealing with you.

Thats not an answer but a question.

 

Upwork's rules are rigged and they should be called out for what they really are.

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Community Guru
Tiffany S Member Since: Jan 15, 2016
34 of 60

Martin S wrote:


Simple client protection is not 'some different services' that I should get somewhere else, it is the basics that every company, in every industry out there provides.

 

Every industry out there monitors your interactions with third parties and then intervenes in any disputes you might have with the third party and takes money from one and gives it to the other (even though doing so would breach its contract with the user)?

 

Can you provide some examples?

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Community Guru
Preston H Member Since: Nov 24, 2014
35 of 60

Upwork offers clients an opportunity to find, hire and pay freelancers.

 

MANY Upwork clients have been disappointed in a way similar to the original poster. I myself have suggested (in other threads) that there are gaps in Upwork's messaging efforts... gaps that have led clients to assume services or guarantees not actually offered.

 

But none of that changes the fact that Upwork itself does not offer free project management services. Nor does it sell tangible work product such as websites, mobile apps or software.

 

Upwork is a powerful tool, but ultimately it is just a tool. It has uses and it also has limitations.

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Ace Contributor
Martin S Member Since: Nov 5, 2018
36 of 60

Tiffany S wrote:

Martin S wrote:


Simple client protection is not 'some different services' that I should get somewhere else, it is the basics that every company, in every industry out there provides.

 

Every industry out there monitors your interactions with third parties and then intervenes in any disputes you might have with the third party and takes money from one and gives it to the other (even though doing so would breach its contract with the user)?

 

Can you provide some examples?


Each and every online or offline platform makes sure people should not get scammed on their platform.

 

👉 Have you ever tried selling a forged product on Amazon?

👉 Have you ever tried selling on Walmart and not delivering the product?

👉 Have you ever tried selling a product for a supermarket which is essentially an empty box and when the customer opens it they find... nothig?

 

Each of the above scanerios would get you out of business in a matter of seconds.

 

But thats not the case with Upwork.

 

Upwork will do nothing if you were cammed on their platform and will even allow the freelancer to further operate on Upwork and scam more clients.

 

Let's put it the other way around: Do you know a single platform where you can sell a service without delivering it, pay no consquesnces and stay on the platform to scam others?

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Active Member
Ron L Member Since: Oct 11, 2020
37 of 60
Hi.

We spent over 50k and didn’t receive what we paid for . We had the same experience you did. I don’t want to get into details , but you have a lot of good points here . In our case , we will file a lawsuit against the freelancer. Yes , we will most likely name upwork as an additional defendant . Will see where that goes . We are in San Francisco and the freelancer is in another country , India. We will use the Hague convention for process and most likely get a judgment against the freelancer here in San Francisco . We will then move to enforce that judgment in India . I know we most likely will not collect , but it’s important for the software community to understand that this process is unfortunately the legal way of working to get a resolve the issue . We will try mediation with upwork in parallel . I’ll let ya know how it goes .
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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
38 of 60

Hello Ron,

 

Sorry about the delayed reply here but I see that our customer support team has already been assisting you with your concern directly via your support request and have provided more information. You can access the support request here or via an email notification.

~ Valeria
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Community Guru
Preston H Member Since: Nov 24, 2014
39 of 60

re: "We are in San Francisco and the freelancer is in another country , India. I know we most likely will not collect..."

 

Why are you saying that you are going to file a lawsuit if you know ahead of time that you won't collect any money from doing so?

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Community Guru
Christine A Member Since: May 4, 2016
40 of 60

Martin S wrote:

If Upwork does not care when people get scammed on their platform and instead reply like the ugly screenshot I provided above, they should be called out for it in public. Period.


Unfortunately it's a case of buyer beware. Here's a quote from the bottom of this page: https://www.upwork.com/legal#escrow-hourly

 

8. NO RESPONSIBILITY FOR SERVICES OR PAYMENTS
Upwork and Affiliates merely provide a platform for Internet payment services. Upwork and Affiliates do not have any responsibility or control over the Freelancer Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Upwork or any Affiliate as Client’s or Freelancer’s agent with respect to any Freelancer Services, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, Upwork does not guarantee the performance, functionality, quality, or timeliness of Freelancer Services or that a Client can or will make payments.
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