Arbitration

[fatihguler97]

Hello, I recently had to go to the Mediation Team with a client of mine. I've been working with this client for 1 month and I'm delivering the videos via google drive. I recently said that I can't work with him and we closed the contracts and I got my payment. 6 days later I deleted the google drive folder and then he texted me saying he can't access the videos. I said there is nothing I can do about that .Then he complained about me to upwork. He wanted his money back in mediation 100 dollars 5 video. I said it was customer mistake. I said that it is the customer's responsibility to download and store the files I send. What should I do in this case, the client wants his money back the client doesn't want me to redo the videos he just wants his money but it wasn't my fault I guess we're going to arbitration.By the way, can you give me some information about arbitration? And who do you think is right about that? Thanks

[prestonhunter]

This is about $100?

Just give him the $100 back.

[tagrendy]

Have you deleted the files from Google Drive Trash as well? Maybe you can try to recover the files, there even seems to be a way to recover files deleted from the Trash using GSuite read more here

[prestonhunter]

re: "I've been working with this client for 1 month and I'm delivering the videos via google drive. I recently said that I can't work with him and we closed the contracts and I got my payment. 6 days later I deleted the google drive folder"

Next time, don't delete the client's videos.

I get it that videos can take up space. Maybe you don't want to hold onto something like that for years.

But you deleted his videos after only 6 days?? At least wait until past the time that the client can dispute the case with Upwork or do a credit card chargeback.

re: "and then he texted me saying he can't access the videos. I said there is nothing I can do about that."

This is the client's fault.

But if it had been my client, I would have been able to give him the videos from one of my private backup locations.

re: "Then he complained about me to Upwork."

That is not surprising.

The client messed up.

This is the client's fault.

But you shouldn't have deleted the client's videos.

Because now you have a headache.

re: "He wanted his money back in mediation 100 dollars 5 video."
Yeah, just give him his money back.

re: "I said it was customer mistake."

You are right.

This is the customer's mistake.

But you should give him his money back.
Then you won't need to deal with him.

re: "I said that it is the customer's responsibility to download and store the files I send."

That's true.

But I assume that customer's are going to do something stupid.

Like not downloading the files I send them.

Apparently you didn't assume that your client would do something stupid like this.

Hopefully you won't make the same mistake next time.

re: "What should I do in this case, the client wants his money back the client doesn't want me to redo the videos he just wants his money"

Just give him his money back.

re: "but it wasn't my fault"

You are correct.

It was the client's fault.

It was not your fault.

re: "I guess we're going to arbitration."

Why?
Just give him $100, and then you don't need to go to arbitration.

re: "By the way, can you give me some information about arbitration?'

It costs $291 for you to go to arbitration.

Non-refundable.

So if you go to arbitration, you MIGHT get $100.

But you will have paid $291.

So you end up losing $191.

re: "And who do you think is right about that?"

You are right.

Give the client his money back.

[jr-translation]

---

Preston H wrote:

Hopefully you won't make the same mistake next time.

---

Fatih did nothing wrong. Once the clients paid they own the work and the ToS clearly stats that we must destroy all the copies we have.

[prestonhunter]

re: "ToS clearly states that we must destroy all the copies we have"

The TOS states that doing so is one of two allowed options.

The other option (the wiser one) is to NOT delete any files.

Not unless the client submits a written request to do so.

[data_divas]

You should have alerted the client to download the videos because you were going to delete them.  6 days seems pretty fast to delete the work the client paid for and not have any backups.

[jr-translation]

You did nothing wrong. In the ToS it says:

Upon completion or termination of the Service Contract, or upon Client’s written request, Freelancer will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and Deliverables (except for Background Technology as permitted by the Service Contract) contained in or on Freelancer’s premises, systems, or any other equipment or location otherwise under Freelancer’s control.

[prestonhunter]

Jennifer:

You are indeed pointing out something that really does exist within the written TOS.

I wish you wouldn't cite this without explanation. I have seen this clause misinterpreted before here in the Forum, because people don't read all of it.

People might fail to fully grasp the meaning of the 9th word in the paragraph that you cited: "or."

I already told the original poster that this was the client's fault. Not the freelancer's fault.

This paragraph gives the freelancer "cover" for doing something that he is technically allowed to do. But which he should not do, from a business perspective. Because now his actions are coming back to bite him.

Rather than choosing "option A", which is to delete files when the contract is over, this freelancer should have chosen "option B," which is to delete files upon receipt of a written request from the client.

[pgiambalvo]

Sorry, but I think he's right. You shoud've confirmed he had the files before deleting them.

[fatihguler97 · Accepted solution]

Thank you all I contacted google and they fixed the files and problem solved it was a good lesson for me

[prestonhunter]

Fatih, thank you for letting us know that you were able to recover the files and help this client out!