Hi, I had worked on a project for six months and after working I had realized i am not able to complete the project so contract was ended with tag of unsuccessful. Client and me never raise a dispute during the contract. I had provided of af my work to client and try to finish the project. Now after Three months Client asking for refund what would i do. its a hourly contract and i had logged manul and automated time both.
Would I have to refund. or I can say directly to client that contract is Finished.
Can any one help me out and also let me know leagl accept of the issue
and Merry Xmas
You may look bad in the situation as you have charged the client for 6 months without providing end result but being from the same field as you(Software development), I am aware that this situation can arise due to many circumstances like clients changing and raising the requirements frequently. I suggest you to try and talk reason with your client as only you two are aware of the exact situation. I feel no doubt that if you have worked honestly, you should be paid for it if you have transferred all your work to the client. If client was unsatisfied with your work, he should have disputed earlier while you were working for him.
According to odesk policies you seem to be in a safe situation as client is well past the dispute period and I guess that feedback had already been processed so he can not leave you bad ratings or leave a bad feedback comment. Please note that if he still has the option to leave you feedback, odesk will not remove/dispute it if he leaves you a bad one. That being said , odesk is often found to be taking client's side if they open a dispute so I suggest that you open a support ticket and discuss your issue in detail with odesk staff and ask them clearly what actions can client take in such situations and how it will affect you. I think that they will respond with same answer that client can not dispute after such a long time. Also I am not sure about the dispute policies of manual hours logged in. Please go through odesk policies regarding that.
At the end do not worry too much if you have worked hard and had been honest with your clients. In future for such long term projects, I will suggest breaking down your project deliverables into small milestones. I make it a point to follow this policy for both hourly and fixed price projects so that client is kept in confidence about the progress of project. I make it a point that my milestones are never over a period of a week or two no matter how long the project term is. Often I try to deliver on a daily basis.
Hope you have a happy and stress free new year
Gajendra, based on what I've been reading on this forum, I would strongly suggest you sort it out with your client ASAP because if your client contacts oDesk, there's a decent chance that oDesk will freeze your account and refund the client on your behalf. I've seen clients getting refunded after 6 months by oDesk despite it being against the policy oDesk itself set out, especially if you logged manual time which doesn't fall under the oDesk guarantee. It's in your best interest to find a solution without involving oDesk.
Thank you for posting, Gajendra, Aseem and Krizstina!
I would like to clarify that oDesk will not reverse the funds, unless there is a dispute, violation of ToS or issues with client's payment method and the payment is not covered by the oDesk Guarantee.
If there is a disagreement, I would suggest communicating with the client and do everything you can to resolve it. Even if it may require issuing a partial refund for the work that wasn't completed fully or in time. oDesk Customer Support will make similar suggestion.
I hope your situation will be resolved soon.