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Should I dispute?

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
1 of 19

I have just worked for a client who was extremely difficult and expected the moon when I was extremely clear and told her exactly what I would provide with a $250 contract. (Fixed rate) I had an uneasy feeling about this client so before accepting the contract, I told her exactly what she could expect and she agreed. 

 

I have worked at least 5 hours on this project but did not complete it because she did not provide the needed info.

 

The main dispute was that the client wanted me to provide some color options. I did based on market research (as discussed before the contract started) but she did not like any options nor did she give any clear direction. She just said she wanted something "fun, different, and lively"- and to make sure her customers think so too. Me not being a mind reader, I asked for some examples of what she deems "fun, different, and lively," and provided her with a link to the Pantone color swatches. I also asked her for a mood board, who her target customer is, and even for just one image whose colors she likes. She did not give me anything and decided to color the artwork herself. I provided her with Illustrator sketches (my mistake!) After she figured out how to color them, she sent me a rather surpirsing message after- it was all fun emojis beforehand. She was unhappy that she had to do work (I told her multiple times I could color in the sketches if she provided me with Pantone codes, a mood board, or anything for reference, but she ignoreded me on that point. ) She said I lacked enthusiasm and wanted to cancel the contract- and asked for what I thought. I told her she should do what she thinks best. 

 

Now I am unsure if I should release the funds in Escrow or dispute it. I did so much work and tried to go above and beyond. Everything was going well, I was recieving positive messages with emojis from her until she got the Illustrator file and I helped her figure out how to work with it....

 

What woud you advise in this case? I am not worried about her feedback- I have tons of positive feedback and this is my first bad experience here. I do not work for free and feel that I should be compensated for my work. 

Community Guru
Heaven H Member Since: Nov 24, 2015
2 of 19

If you did the work, keep the money. If you did only part of the work, keep only part of the money.

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
3 of 19

Thank you for your reply! The only options I see are to refund the entire amount or to file a dispute. Not sure how to request a partial payment. 

Community Guru
Preston H Member Since: Nov 24, 2014
4 of 19

re: "Thank you for your reply! The only options I see are to refund the entire amount or to file a dispute. Not sure how to request a partial payment."

 

Just talk to the client.

 

You can propose a compromise amount. Or ask her what she thinks is fair. She can release only part of the money in escrow, which will require that you agree to the partial refund. You can do so.

 

That way you don't need to have a dispute.

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
5 of 19
From her messages to me I'm pretty sure she is not going to be very amendable to my asking for something fair. She offered $50 and I did not respond to her about that and asked her to delete the work that I sent her from my computer. She did not confirm/agree to do that.
Community Guru
Tiffany S Member Since: Jan 15, 2016
6 of 19

Tatyana M wrote:

Thank you for your reply! The only options I see are to refund the entire amount or to file a dispute. Not sure how to request a partial payment. 


If you dispute, someone from Upwork will try to facilitate a compromise. They don't make decisions and can't force her to pay you, but they can try to get to a middle ground.

Community Guru
Preston H Member Since: Nov 24, 2014
7 of 19

If... by your own admission... you didn't finish the task, and the client offered you $50 for your work... Then accepting the $50 may have been the smart move.

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
8 of 19

I did more than half the work we agreed upon and then spent lots of time trying to work with her, so I do not think 50% is fair even if I am being extremely generous. I could not complete the work because that required her to name a color, and she refused to do that. My biggest mistake was giving her the design file before any payments were made.... I think I will dispute, since it is odd to me that she was happy up until she had the design file (and I showed her how to use it.)

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
9 of 19

o


Tatyana M wrote:

I did more than half the work we agreed upon and then spent lots of time trying to work with her, so I do not think 50% is fair even if I am being extremely generous. I could not complete the work because that required her to name a color, and she refused to do that. My biggest mistake was giving her the design file before any payments were made.... I think I will dispute, since it is odd to me that she was happy up until she had the design file (and I showed her how to use it.)

 

! very important typo in here! I meant $50- not 50%


 

Community Guru
Kathy T Member Since: Jul 17, 2015
BEST ANSWER
10 of 19

My opinions is NO refund. But you shouldn't be paid the full amount either. Figure out what percentage of the work you completed and equal that to a percentage of the full amount that would have been paid to you. If you did 75% of the work required then you should be paid 75% of the total amount you would have been paid. 

 

If you file a dispute, an Upwork mediator will basically tell you or suggest to you to try and come to a mutual agreement. It may sound like they made a decision and this is what you have to do. Mediators can only suggest, their suggestions or advice is NOT binding. 

 

Arbitration is the next and last phase. It costs a $291 fee from Both the client and you. The only way you get that fee back is if the client doesn't pay their $291 fee. Then you automatically get the fee back and what ever is in escrow. 

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