Client filed a dispute & Upwork put the financial restriction & Upwork saying resolve with client

[getyoteam123]

Hi Community, 

I need your help. 

- I had started one project with the client on iOS platform with the agreement of $3000 which is written in the Upwork and client agreed on that time and sent the upfront payment. Moreover client's job title also mentioned that he needs iPhone application.

- Then, I started working on the project and finished the project completely on iOS as per agreed, I had shared him wireframe, visual design and get the confirmation and then started coding. I shared him admin panel and complete iOS application. 

- He then started demanding to have the same app on the Android in the same budget $3000, which is not possible because I had already informed him the costing but he was keep on saying that we agreed on $3000 for both the platform but I had shown him that he was only looking for iPhone app and I given him the quotation of $3000 for iOS.

- Then he go ahead and filed the dispute saying that " i did not finish the app" without even telling me. I did not get any notification, nothing and I did not check the email for couple of days and then I came to know that my financial account is restricted because of this reason.

- One of the customer care told me that I should present all the proof that I have completed the project. I have given them each and every information such as link of admin panel, visual design, wireframe, iOS build to test in the iPhone device etc..

- Being a mediator they should have investigate the matter and take the decision. Instead of this one mediator told me that I should directly contact to client and resolove independantly and then they will lift the restriction... Now can you please tell me...

1. If there is any disagreement then we are going to resolution right? How can we both come to the agreement? If we had to resolve on our own then why one will go to resolution center? 

2. Client will never agree that I have finished the work, It is the duty of the mediator to check whether I have finished the work as per promised or not right? So I have two choices which this customer guy gave which is ....

1. Either I convince client to agree that i have finished the work. Which he won't agree ever so I have to build the app on android as well and send him a project which is not justice and i end up losing lot of time on this project.

2. I refund the money, how can i refund the money, I had spent like 1 month to finish the project.

IS THERE ANYONE HERE TO BRING JUSTICE TO ME, UPWORK SEEMS SUPPORTING THE CLIENTS NOT THE FREELANCERS.

PLEASE HELP ME IN THIS REGARDS. I AM READY TO SHOW YOU ALL THE PROOF AND EVERYTHING... 

PLEASE HELP AS THERE IS LOT OF MONEY THERE IN THE ACCOUNT BUT NOT ABLE TO WITHDRAW BECAUSE OF THIS.

[jr-translation]

The mediator can not help you and you would need to go through arbitration. Then again there is no money in excrow for the arbitrator to give to anyone.

Who initiated the upfront payment?

Can you close 4 more contracts and maybe get some good feedback on them? Your perk will be available again soon but you need to close more contracts.

[feed_my_eyes]

Where do you get the idea that there's no money in escrow? The OP says there's $3,000 in the account and that he can't withdraw it (I think that's what he meant by an "upfront payment", but it doesn't sound like the payment was actually approved before the work started).

Kumar, it sounds like you're expecting Upwork mediation to provide a service that they simply do not provide, namely, to examine your evidence and make a decision. The mediator can only encourage you and the client to come to an agreement, but they are not going to side with one party or the other; for that, you and the client both need to pay for arbitration. (This doesn't mean that Upwork is "supporting the client" - the money is still in escrow, so the client isn't getting their own way, either.) Have you tried to negotiate with the client and tell him how much extra it will cost for the work that he's requested, maybe offer him a small discount on it? But if you think that the client doesn't want to pay at all, and you're certain that you have all the terms of your agreement in writing and can provide all proof of the work being fulfilled, then go ahead and tell the mediator that you want to go to arbitration. There's a very good chance that the client will back down and then you'll get your money and your arbitration fee back.

[getyoteam123]

Thanks Christine for your reply. 

I was saying that they have put the financial restriction on my account so even the money i am earning through other projects on my freelancer profiler, i am not able to withdraw...

There is only $300 bugs in the escrow for that specific project and rest of them he already paid me based on the milestones i have finished. 

I do not mind to go to the arbritation but I want that upwork life the restriction so atleast I can get the money which i am earning through other projects... They just telling me to resolve this with client and then they will life the restriction, now what if client won't reply me for 2 months , till that time i wont be able to withdraw the money which i am earning thorugh other projects?

[yitwail]

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Kumar K wrote:

There is only $300 bugs in the escrow for that specific project and rest of them he already paid me based on the milestones i have finished. 

I do not mind to go to the arbritation but I want that upwork life the restriction so atleast I can get the money which i am earning through other projects... They just telling me to resolve this with client and then they will life the restriction, now what if client won't reply me for 2 months , till that time i wont be able to withdraw the money which i am earning thorugh other projects?

---

I know you meant $300 bucks, not bugs. Anyway, I've never gone to arbitration so I had to read about it in section 6.2 and section 7 of Fixed Price Service Contract Escrow Instructions 
According to that document, the Dispute Mediation Team has to issue a Notice of Non-Resolution, before you can demand arbitration, so ask the mediator to do so. If not, it can take 21 days until they issue this notice. Once the notice is issued and you demand arbitration, the Upwork Dispute Team will issue a Notice of Arbitration Demand and then the client has 5 days to respond. So, it seems the longest the client can delay resolution is 26 days. I know that's not what you want, so hopefully Upwork will not wait 21 days to issue the first notification.

[feed_my_eyes]

So you're saying that you already withdrew all of the money, except for the $300? In that case, yes Upwork will put a restriction on your account. 

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Kumar K wrote:

They just telling me to resolve this with client and then they will life the restriction, now what if client won't reply me for 2 months , till that time i wont be able to withdraw the money which i am earning thorugh other projects?

---

If you request arbitration, the client only has 5 days to respond and pay their share. There's more information here: https://www.upwork.com/legal#fp

[getyoteam123]

Thanks Jennifer for the reply. 

I meant client was under impression that I will develop the application in both iOS and Android in $3000 though I have clearly mentioned that in the Upwork chat and he properly overlooked it.

Now he is asking me to do on both the platforms in $3000 and Upwork has put the restriction on my financial account and asking me to resolve this with client.

I am not able to withdraw the money which is from my another projects... I just want that they life the restriction on my financial account so that I can withdraw the money which i am earning through other projects.

[bobafett999]

Go to arbitration.  How much money is involved.  Is it 3,000 or 300?  If it is only 300 suck it up and be ready for bad feedback.  However,  you can provide rebuttal.  Now if that crook initiates a chargeback you lost the money.  If your account is restricted you have no choice,but to go to arbitration.  You need to have solid proof that it was only for one os.

In future write all your terms as well as deliverables in contract.

[alexandernovikov]

Go to arbitration. You will win easily.

[getyoteam123]

I am trying to tell to the mediator but he is not even addressing that I want to go to the Arbitration. He is saying that you can keep communicating with client untill matter is resolved. On the other side, client is not agreeing or even replying me. And the problem is that my financial account is still under restriction. Please help

[PradeepH]

Hi Kumar,

Thank you for your message. I am sorry to hear about your experience with the mediation. I will share your feedback with the concerned team. Feel free to continue your communication with the same mediation ticket so that our team members can assist you further.

Thank you,

Pradeep