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Account has been suspended without my fault

priyankaim
Active Member
Priyanka R Member Since: Nov 4, 2016
1 of 16

Hi All

 

I want an expert advise on a very serious matter. I joined upwork few months ago and I built a reputation by working very hard for my clients. I was rising talent in 1st month and then continue good working with my clients. One day A client contact me for a job with a title **Edited for Community Guidelines** after asigning job to me, He asked me to design Youtube thumbnails. I worked hard for 3 hours till 2am (midnight). I sent files for his comments before final touch. He was okay with designs. Later after submission psd files, he gave very negetive feedback. I also provide him same as I found him during the project. But after some time I got a message that client has raised a dispute telling that he got incomplete files. 

I reply to resolution center and submit all the screenshots in which client was satisfied till submission of files. However I tried to settle the matter with client and offer him partial refund on which he was initially agreed. But later he stop responding me on skype. So respond on resolution center that client is rude and I will refund to this client who is so rude. 

Till then when someone replied on resolution center I got a message everytime on my email. But after my last submission I didn't get any email notification. Yesterday I saw that my account has been suspended. When I contact customer support they told me that It was because I didn't respond to the dispute. However it's not my fault (as I didn't get any email notification). Then I respond to mediation team on resolution center and tell them the actuall position regarding this. Now on resolution center it's showing that action due date is 4th January. 

Now I need some expert advice on following:

1. Will this dispute can cause my account permanently suspended. However mediation team said they can't decide whose fault is this and they can't check work diary for this work.

2. If I refuse to refund this client on behalf of my work, what will be next step. 

3. Is upwork only save the rights of a client ? or it's also a safeguard for freelancer's rights.

4. what possible results can be of this dispute. (However I got two 5 star feedback with a bonus after that contract).

5. When and who will lift this suspension from my account. As there is not my fault and I have submitted all the proofs in my favour. 
Can any expert help me in this regard.

 

Regards

Priyanka

carlos-lobo
Community Guru
Carlos L Member Since: Apr 24, 2016
2 of 16

Priyanka, it looks like your account really was suspended for the very reason you did not arrive at the dispute for the reason you were not announced of, for unknown reason, but that is all, now you are disputing, I guess your account will be reestablished soon. 

priyankaim
Active Member
Priyanka R Member Since: Nov 4, 2016
3 of 16

Thanks for the reply Sir.

 

But I have responded to dispute earlier with all the evidances. I posted my last reply on 19th December and I was waiting for the reply from client or someone else. I regularly checked my emails for notifications. But I didn't get any mail. I just came to know this when I talked to support after my account suspension. 

carlos-lobo
Community Guru
Carlos L Member Since: Apr 24, 2016
4 of 16

There is nothing for, Miss, so is evident: you now will have to expect the support protocol about your issue, but the good is noway will be your account suspend forever. Write me to private if you want more assistance.  Greeting.

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
5 of 16

@Priyanka R wrote:

1. Will this dispute can cause my account permanently suspended. However mediation team said they can't decide whose fault is this and they can't check work diary for this work.

2. If I refuse to refund this client on behalf of my work, what will be next step. 

3. Is upwork only save the rights of a client ? or it's also a safeguard for freelancer's rights.

4. what possible results can be of this dispute. (However I got two 5 star feedback with a bonus after that contract).

5. When and who will lift this suspension from my account. As there is not my fault and I have submitted all the proofs in my favour. 
Can any expert help me in this regard.

 

Regards

Priyanka


 Priyanka, you are a bit in a no-win situation.

 

1. Will this dispute can cause my account permanently suspended. However mediation team said they can't decide whose fault is this and they can't check work diary for this work.

Only if you do not come to some arrangement with the client.

 

2. If I refuse to refund this client on behalf of my work, what will be next step.

If you refuse to refund and the client insists, then the case will have to go to arbitration, which costs a lot of money see here: https://www.upwork.com/legal/fp/ Section 5.4 and also the Appendix on Arbitration.

Upwork will evaluate the hours (from the work diary) you worked for the client:

"In all cases in which mediation is required, Upwork will carefully consider any information presented regarding the contested hours, but we will primarily base the decision on the validity of the time logged and not the perceived quality of work."https://support.upwork.com/hc/en-us/articles/211062158

However, if you refund the client, any public feedback is removed from your profile (but private feedback from your client will remain).

Remember too, that if you refund, you retain the rights to your work. Your client may not use that work, but you could use it for your portfolio for example.

 

3. Is upwork only save the rights of a client ? or it's also a safeguard for freelancer's rights.

Upwork tries to serve the rights of both client and freelancer.

 

4. what possible results can be of this dispute. (However I got two 5 star feedback with a bonus after that contract).

Your JSS is likely to take a hit, whatever you decide to do. But you will recover from it.

 

5. When and who will lift this suspension from my account. As there is not my fault and I have submitted all the proofs in my favour. Can any expert help me in this regard.

You must keep in contact with customer support. Only they can help you at this stage.  But I hope a moderator will come along with some advice too.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
6 of 16

Nichola L wrote

 

2. If I refuse to refund this client on behalf of my work, what will be next step.

If you refuse to refund and the client insists, then the case will have to go to arbitration, which costs a lot of....

 

4. what possible results can be of this dispute. (However I got two 5 star feedback with a bonus after that contract).

Your JSS is likely to take a hit, whatever you decide to do. But you will recover from it.

 



 2. There is no arbitration. The contract is hourly.

 

4. The contract ended in November. Whatever effect it had on JSS is already calculated into her current JSS.

 

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
7 of 16

@Petra R wrote:

Nichola L wrote

 

2. If I refuse to refund this client on behalf of my work, what will be next step.

If you refuse to refund and the client insists, then the case will have to go to arbitration, which costs a lot of....

 

4. what possible results can be of this dispute. (However I got two 5 star feedback with a bonus after that contract).

Your JSS is likely to take a hit, whatever you decide to do. But you will recover from it.

 



 2. There is no arbitration. The contract is hourly.

 

4. The contract ended in November. Whatever effect it had on JSS is already calculated into her current JSS.

 


 Oops, sorry, I missed those three hours.

vladag
Community Manager
Vladimir G Community Manager Member Since: Oct 31, 2014
8 of 16

Hi Priyanka,

 

I see our agent advised you on the status of your dispute and account, so please follow their instructions, keep checking your dispute ticket for further updates and make sure to respond in a timely manner.

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priyankaim
Active Member
Priyanka R Member Since: Nov 4, 2016
9 of 16

Hi Vladimir

 

Thanks for the reply.

 

I didn't find any updated status till  now. Yesterday, I have send messages for the assistance to the mediation team. I also created a mediation request by mistake (as I didn't know what will happen to place mediation help). 

Can you please let me know when this suspension can be lift from my account. It feels really bad when you worked hard and you have to face a punishment for that. 

I need your help.

 

Regards

 

Priyanka

vladag
Community Manager
Vladimir G Community Manager Member Since: Oct 31, 2014
10 of 16

Hi Priyanka,

 

Please communicate your questions to our team as I don't have an insight nor can we discuss dispute cases in the Community.

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