Dispute

[#1]

Hello, Up Work community, 

Without going into details I would appreciate some insights about the following situation:

If there is a Dispute and I, as Freelancer don't pay the Arbitration Fee, the Client "wins" the Dispute (because I don't pay, right?) then,

1. There are no funds in the Fixed-Price Escrow... So according to the Terms of Service, the Dispute is made over Funds HELD in Escrow and when there are no funds to Release, the Dispute will be closed... my guess is that I wouldn't be asked to do a refund anymore?

2. If this happens, and we go to Arbitration and I don't pay it, how it may affect my profile or Top-Rated status?

Many thanks,

[#2]

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Tulia G wrote:

my guess is that I wouldn't be asked to do a refund anymore?

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You would be forced to go to arbitration if the client is demanding arbitration and disputing the whole contract.

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Tulia G wrote:

2. If this happens, and we go to Arbitration and I don't pay it, how it may affect my profile or Top-Rated status?

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Your account would be suspended. If you then go ahead and are unsuspended, your top rated status would be gone for 3 months. If you don't go ahead, you stay suspended.

See 6.4 in the Terms

6.4 ARBITRATION FOR A FIXED-PRICE CONTRACT

Except for Fixed-Price Contracts where the Client is an Enterprise Client (defined in the Fee and ACH Authorization Agreement), Freelancer and Client each has the right to demand Arbitration of a Fixed-Price Contract before the Arbitration Limitations Date if the Fixed-Price Escrow associated with the Fixed-Price Contract has been funded at least once. If either Client or Freelancer demands Arbitration in accordance with these Escrow Instructions and you are not the party that requested Arbitration, you agree to submit to the Arbitration and pay your share of the Arbitration fees detailed below.