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princemadi01
Community Member

Client Close the Contract and Asked for Refund

Hi Upwork Community!

I am Freelancer and almost working on upwork from last few month. I worked with Client and first month he give me targets which i easily achived then next month he increse double the target which was not able to achive. However we start work with the next month. 

I asked him in the start if i did't achived the target so you will close the contract will i get paid. He said yes this is on the record. But after target was about to achive. and client close contract before 9 days, He did't give me Complete month because he don't want to pay. 

The next he asked me for extra work which was desging thumbnails for his videos. He said he will pay me extra for that. But he is not paying me extra amount not even job amount. 

Then he sumbit Dispute, So Upwork team contact me i provide all the proofs and now upwork team is also forcing me to refund, even client promised to me he will pay for that. Upwork team said:

We understand you and your client spoke about still getting paid even if you did not meet the target. We recommend refunding escrow to your client.

If you feel the funds should be released to you, then we recommend that you take the matter to binding arbitration. Arbitration will be handled via the American Arbitration Association (AAA) which is an independent organization that specializes in alternative dispute resolution.
The cost to file the case is $875. This cost is split equally three-ways between the client, freelancer and Upwork. Each party is responsible for paying $291 if the case goes to arbitration.

 

I Think upwork support team is for clients because clients are everything for upwork, we freelncer are nothing for them. 

Please help me what to do, should i refund the client or not ?? 

ACCEPTED SOLUTION


@Ammad A wrote:

what to do next ??


 Either agree to the full refund of the funds in Escrow, propose a partial refund of the funds in Escrow or go to arbitration...

There really are no other choices.

View solution in original post

7 REPLIES 7
petra_r
Community Member


@Ammad A wrote:

Please help me what to do, should i refund the client or not ?? 


 Only you can decide whether you want to go to arbitration or not.

If you decide to go to arbitration and pay the arbitration fee, and the client DOES NOT, you get the funds in Escrow and the arbitration fee back.

If you and the client both go to arbitration, the arbitrator decides.

 

 

I don't wnat to go with arbitration, Why upwork does't proivde A soloution and help us. 

Even we have all the proofs clients says he will pay me extra and he will also pay me if he close the contract. 

But now he is not paying me. and Upwork Support team is also forcing me to Refund him. 

Is this is only solution that freelancers had to refund clients ?? 


@Ammad A wrote:

I don't wnat to go with arbitration,


 Why not? If you are certain that you are in the right, let the arbitrator decide.

Due to Escrow regulations Upwork *can not* make a legally binding decision over Escrow funds. Only an independent 3rd party can.

If you are not willing to go to arbitration Upwork has no choice other than to refund the client.

 

Well i don't have money to pay $291 for this case. i also don't even know how this process work. 

what will happened if client does't pay me and i don't refund him. Does after time this money will relase to client automtically ??


@Ammad A wrote:

 

what will happened if client does't pay me and i don't refund him.


 If mediation fails and you choose not to go to arbitration the funds in Escrow go back to the client.

Is the client requesting only the funds in Escrow back or also any funds already paid to you?

I assume it is the client who has left you the poor feedback, right?

 

 

Hi Petra Thanks For the help!

Client Request funds in Escrow back! 

And yes you are right the client who has left the bad review is the person. 

I also lost few client because of his bad review. 

Petra as you are community Expert what do you suggest what to do next ??


@Ammad A wrote:

what to do next ??


 Either agree to the full refund of the funds in Escrow, propose a partial refund of the funds in Escrow or go to arbitration...

There really are no other choices.

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