Refunds

soliman155 · ‎01-08-2020

Hello,

I was asked to translate some text, and agreed to a specific amount of payment, and after 3 days of work, I delivered the requested file 30 minutes after the agreed date of delivery with a few mistakes. Now the client approved the milestone, but put half of the agreed payment in escrow and then requested a refund. Do I have the right to keep this money as a price for my efforts or even have the ability to negotiate for some of it through the upwork site?

Thanks in advance

prestonhunter · ‎01-08-2020

Ahmed: the client has the right to release any amount of money in escrow to you, or pay more, without your permission.

If the client wants to release LESS than the amount of money in escrow, then the client must request a refund, which must be approved by you.

The client can not just "decide" to pay you less than what is in escrow. If the client wants to pay less, and you do not agree, the only way for the client to get money back is to pay $291 to have the matter go to arbitration. Arbitration rarely decides in favor of the client.

richard_wein · ‎01-09-2020

Preston H wrote:

The client can not just "decide" to pay you less than what is in escrow. If the client wants to pay less, and you do not agree, the only way for the client to get money back is to pay $291 to have the matter go to arbitration.

Wrong. If client and freelancer cannot reach an agreement, the onus is on the freelancer to pay for arbitration. If neither party pays, the escrow is refunded to the client.

petra_r · ‎01-09-2020

Richard, Preston knows this fully well.

The question is why he is telling the OP something that misrepresents the process dramatically..

soliman155 · ‎01-10-2020

No offence to anyody, but what am I messing in the process mentioned here?

petra_r · ‎01-10-2020

Ahmed, your very best bet is to have a professional conversation with the client.

If you can not come to an agreement, and believe that you deserve the funds that are in Escrow, you can dispute the return of the Escrow funds, which will create an official dispute mediation, where an Upwork mediator will try to help find a solution.

If no solution can be found, you get the option to go to arbitration, which indeed works out very expensive.

But at this point your first port of call is the client.

soliman155 · ‎01-10-2020

Is that "expensive" you mentioned includes anything other than what Mr. Preston mentioned? that the client pays $291 to have the matter go to arbitration?

petra_r · ‎01-10-2020

Ahmed S wrote:
Is that "expensive" you mentioned includes anything other than what Mr. Preston mentioned? that the client pays $291 to have the matter go to arbitration?

To actually take it to arbitration (if mediation fails) ***YOU*** pay $ 291 to take it to arbitration, so does the client and so does Upwork. (Arbitration costs $ 873) Unless your work was flawless (unlike the translations in your portfolio which are word-salad) your chances of winning arbitration are nil.

Bonus advice: Please, please, please stay away from German.

jr-translation · ‎01-10-2020

Ahmed S wrote:
No offence to anyody, but what am I messing in the process mentioned here?

You delivered a translation late and with mistakes. The client will count both against you, a refund might be damage control. But that will also depend on the client and we cannot judge it.

Just keep in mind when translating that one missing letter might be the difference between live and death. If the quality of your translation is comparable to the samples in your profile, you better refrain from offering translation in the future.

petra_r · ‎01-10-2020

Jennifer R wrote:
If the quality of your translation is comparable to the samples in your profile, you better refrain from offering translation in the future.

Oh my.... Ahmed, Jennifer is right....

richard_wein · ‎01-10-2020

Jennifer R wrote:
Just keep in mind when translating that one missing letter might be the difference between live and death.

I once proofread a business translation where the translator had translated Russian "миллиард" (transliteration: milliard) as "million" instead of "billion". That could have been a very expensive mistake!