Jun 6, 2019 02:49:16 AM by Katrina R
Can someone please make sense of this - This is a dispute I have with a client whom I had completed 75% of the work before she decided to cancel it after I had supplied her with a draft copies claiming I missed the deadline but I still had 10 hours to finish the work off in which I could have had done in 2. The tasks were worth $180, so to get any chance of getting it I have to pay out $291. She has the work, my templates etc. I also provide proof where she shopped around trying to get the work done without paying first so turned to UpWorks as she had no intention of paying for the work.
If either party wishes to pursue this dispute further, you may initiate arbitration within 30 days of the original Dispute Notice filing. Neutral arbitration is performed through American Arbitration Association (AAA). AAA is an independent organization that acts as an arbitration service for Internet disputes.
The cost to file a case with AAA is $891. This fee is split equally three ways, among the client, freelancer and Upwork. Each party is responsible for payment of $291 if this process goes forward.
If you wish to pursue arbitration, please reply to this email. We will arrange payment for your share of the filing fee and, once you have paid, invoice the other party as well. When both parties have paid their fee, we will provide instructions for filing the dispute with AAA.
If neither party files for arbitration before June 13, 2019, we will close the case and any funds left in Escrow will be refunded to the client.
Jun 6, 2019 02:53:40 AM by Petra R
Katrina R wrote:Can someone please make sense of this
So what is your question?
If you want to take a calculated risk, pay the $ 291, making sure you're the first to do so.
If you pay, the client will almost certainly back out. (knowing that they will be worse off after arbitration, regardless.)
In that case you get your $ 291 back and all the money in Escrow.
Jun 6, 2019 03:04:29 AM by Katrina R
Jun 6, 2019 03:08:15 AM by Petra R
Katrina R wrote:
Only problem is I don't have a spare $291 sitting around to pay it and I
don't know anyone who would. That would be over $350AUD
Ah. That is really unfortunate.
Was no compromise offered?
Jun 6, 2019 03:16:29 AM by Katrina R
Jun 6, 2019 03:29:57 AM by Petra R
Katrina R wrote:
I tried, I told her she could pay me for my time which I was happy with $50
and she refused to come at that. Instead used what I provided her and
applied for 2 jobs if not more since using my work without paying.
That s*cks, but if you can't go to arbitration, there really isn't anything you can do .
She really isn't allowed to use your work though.
Jun 6, 2019 03:49:00 AM by Preston H
Katrina:
Based on your description of events, it sounds like the client you were working for on this project is unprofessional, unethical, and immoral.
It seems like she doesn't see you as a real person at all, and that she is trying to manipulate the Upwork system to get work for free.
This is unfortunate.
As Petra pointed out, she is not allowed to use the work that you did if she does not pay you fully for it. That is Upwork's rule, not your rule.
Jun 6, 2019 04:03:29 AM by Katrina R
Jun 6, 2019 04:30:05 AM by Petra R
Katrina R wrote:
What are we
all paying UpWork for? It appears nothing because they will not even stand
up for us the freelancer.
There are legal restrictions that govern Escrow funds. Disputes have to be decided by an independent 3rd party.
It has nothing to do with what we are paying Upwork for. Remember, if you elect to go to Arbitration, Upwork pays a third of the costs!
I also never thought that my fee should go towards sorting out other people's disputes.
It isn't about "standing up" for the freelancer, or for the client for that matter either.
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