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NOT ACCEPTING ARBITRATION AS A FREELANCER ON A DISPUTE

khanzada01
Ace Contributor
Saleem A Member Since: Nov 28, 2018
1 of 17

SO, one of client who have took all the work disabled my access to the website has cancelled the project and asked for a refund which i cancelled and i had to dispute. Now, client said i will never get paid she will keep paying more to not let me get paid. I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions. When she disabled all my access, she offered me half of the amount.

 

Now, if she wants to go for an arbitration I have to pay 291$ which i dont want to. I even dont know if I am get paid for my work or not. what do you suggest? what if i dont want to accept arbitration, funds will be funded back?

tlsanders
Community Guru
Tiffany S Member Since: Jan 15, 2016
2 of 17

Yes, if you don't pay for arbitration, the funds will go back to the client.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
3 of 17

re: "I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions."

Saleem:
Your biggest mistake with this project may have been that you did revisions.

 

In the future, I recommend that you do what I do:
Offer ZERO revisions.

 

In the task agreement, specify exactly what will be done as part of a milestone task. Include the statement: "Any revisions or work requested outside of what is specified here may be done using a separate hourly contract."

 

Then, once you have done the task, you submit it and you get paid for your work. The client can't ask you to do anything outside of what was written in that task.

 

Let me assure you that this particular client does NOT respect the fixed-price contract model, and she does NOT respect you as a human being.

colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
4 of 17

Saleem A wrote:

SO, one of client who have took all the work disabled my access to the website has cancelled the project and asked for a refund which i cancelled and i had to dispute. Now, client said i will never get paid she will keep paying more to not let me get paid. I provided 100 revisions and when i asked to release milestone she said its not complete and keep sending me more revisions. When she disabled all my access, she offered me half of the amount.

 

Now, if she wants to go for an arbitration I have to pay 291$ which i dont want to. I even dont know if I am get paid for my work or not. what do you suggest? what if i dont want to accept arbitration, funds will be funded back?


__________________

Your client is bucking the system (and cheating IMO). But as I see it, you seem to have three choices: 

 

1) Accept her offer of  half the amount she owes you, but your JSS is likely to suffer from poor feedback. 

 

2) Close the contract yourself (without pay) and risk the likelihood of poor feedback from the client. ( In either 1 or 2, if you are top rated, you can use your top-rated perk to remove the feedback both publicly and privately). However, a closed contract without pay will seriously zap your JSS. 

 

3) Call your client's bluff and take it to arbitration. She may back down, particularly if she is likely to lose. 

 

You need to get this client off your back, so the first option may be be the best - even if you lose out financially. Any closed contract on Upwork without payment will negatviely impact your JSS, so option 2 is a bit doubtful. Arbitration might work in your favour, but it would be a gamble. 

 

 

 

khanzada01
Ace Contributor
Saleem A Member Since: Nov 28, 2018
5 of 17

I asked her to pay the full for what I have worked. She is now saying she will pay nothing and pay for arbitration and fight till end and pay more so I never get paid.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
6 of 17

Saleem A wrote:

I asked her to pay the full for what I have worked. She is now saying she will pay nothing and pay for arbitration and fight till end and pay more so I never get paid.


Pay for arbitration and see what happens. I believe she is bullying you and has no intention to go to arbitration.

If you pay for arbitration, and she does not, not only do you get your arbitration fee back, you also get all the money in Escrow.

khanzada01
Ace Contributor
Saleem A Member Since: Nov 28, 2018
7 of 17

She said it openly that she is waiting for it and she has blocked me saying "contact us through dispute"

richard_wein
Community Guru
Richard W Member Since: Jun 22, 2017
8 of 17

Ultimately the only way to enforce your right to escrow funds is to go to arbitration. If you're not able and willing to pay for arbitration should this situation arise,  then you have no real protection on fixed price contracts.

 

As Petra said,  this client sounds like a bully who is bluffing about paying for arbitration. I wouldn't let her get away with it. But i can afford to take the risk. I understand that not everyone can afford it.

khanzada01
Ace Contributor
Saleem A Member Since: Nov 28, 2018
9 of 17

Thanks man, Yes I should risk it. I have got all proofs.

khanzada01
Ace Contributor
Saleem A Member Since: Nov 28, 2018
10 of 17

will my arbitration fees will be refunded if I win the case?

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