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termen
Community Member

Should the customer need to pay for the work

Hello!

Should the customer pay for the work if it is not done correctly through the fault of the customer?

Data transfer order. The data was transferred correctly, everything is as in the original data.

One of the functions that is not in the contract does not work, and the customer requires the freelancer to make several more transfers, each time blames the freelancer: "If you transferred everything correctly, then everything would work."

The freelancer discovers that the customer does not have enough data that the customer did not even know about. When the new data is transferred everything starts working.

Should the customer pay for data transfers that were performed correctly. In which one function did not work because the customer did not provide the data?
ACCEPTED SOLUTION
petra_r
Community Member


Uladzimir K wrote:
The contract was paid, fixed-price contract.
Completed on September.

The client *could* theoretically still file a dispute. They have 30 days from when the last milestone was paid to do so. 

 


Uladzimir K wrote:
Can the customer harm by writing a bad review , for example?

No, the client can no longer leave any feedback. You closed the contract, which gave the client 14 days to leave feedback, but they didn't. So the client can't harm you by writing a review anymore.

View solution in original post

11 REPLIES 11
tlbp
Community Member


Uladzimir K wrote:
Hello!

Should the customer pay for the work if it is not done correctly through the fault of the customer?

Data transfer order. The data was transferred correctly, everything is as in the original data.

One of the functions that is not in the contract does not work, and the customer requires the freelancer to make several more transfers, each time blames the freelancer: "If you transferred everything correctly, then everything would work."

The freelancer discovers that the customer does not have enough data that the customer did not even know about. When the new data is transferred everything starts working.

Should the customer pay for data transfers that were performed correctly. In which one function did not work because the customer did not provide the data?

I a perfect  world, yes. However, in the Upwork world, your profile is still new and you don't have enough reviews to overcome a negative one from a client who doesn't understand their error.

 

I would recommend that you politely explain the situation to them without assigning blame directly. Use language such as, "I discovered that the function didn't work because this line of data was not entered. Once you were able to locate that data and I added it, the problem was solved," instead of, "the function didn't work because you didn't give me the data I needed." 

 

You will have to decide if the potential to be compensated for your extra time is worth the risk that the client will react negatively. 

 

termen
Community Member

Hello! Thanks!

I have transferred client data more than 5 times. I was accused of doing the job wrong.

When I found out that the client did not have enough data and requested them, they told me that there was enough and forced me to make a couple of transfers. Wasted.

And you're right, all this is because of the young profile: the client did not leave a review, than manipulated. I even created a topic on the forum, how to escape from a bad review: https://community.upwork.com/t5/Freelancers/How-to-insure-against-a-bad-review/m-p/966095 .

I did all this for free, something that was not included in the project under the contract. And I would continue to help the client, but...

A week later, the client found the data I requested. The client did not apologize for accusing me of incorrect transfer, did not admit the mistake, did not offer a bonus. On the contrary, the client began to demand (not to ask for help, but to demand) additional work from me. I refused and agreed to help only after paying for all the transfers, which were called "erroneous". Or after the client wins the dispute.

My first debate is going on now. I don't know how it happens yet and I'm very worried.

Can my experience on other freelance sites be taken into account? My profile is about 10 years old, it has more than 90 positive reviews.

 

**Edited for Community Guidelines**

prestonhunter
Community Member

Of course the client needs to pay the freelancer for his work.

 

But also:
Tonya is right.

Need to pay careful attention to her advice.

Yeah... It may seem unfair... But the simple truth is that freelancers such as myself and Tonya, who have completed hundreds of jobs and have top rated status...

 

The decision-making is different for us than it is for a brand new freelancer who needs to get established.

 

If a client behaves badly with an established freelancer such as ourselves, we can completely refuse to go along with any monkey business. Because one client's review is not going to have an appreciable impact on us.

I received an email from the community asking if my problem has been solved.

First of all, thank you for participating Preston and Tonya!

Yes, I decided. I became more confident in my rightness. I wrote to support to see if I could reimburse my labor costs, they replied - no, it's been a long time.

No, I didn't dare. Despite two weeks, the customer has opened a refund request for me and I do not yet know how it will end.
petra_r
Community Member


Uladzimir K wrote:
. Despite two weeks, the customer has opened a refund request for me and I do not yet know how it will end.

A refund request or a request to return the escrow fund? Those are two completely different matters?

 


Uladzimir K wrote:
I received an email from the community asking if my problem has been solved..

What do you mean?

termen
Community Member

Customer requested a refund.

Who decides on the refund? Me or the upwork administration?

Can the customer harm me if I refuse to return the funds?
petra_r
Community Member


Uladzimir K wrote:
Customer requested a refund.

Have you actually been paid? (The client asking for a refund would mean you have been paid something), 

 


Uladzimir K wrote:
Who decides on the refund? Me or the upwork administration?.

If it is a request for a refund, you decide. If it is a request for the return of Escrow funds, you have to either agree to that or dispute. A dispute is a completely different process.

 

Basically, a refund request is like a semi-formal way for the client to say "Please give me some money back", It doesn't actually *do* anything though. It is only for money you have actually already been paid. 


A request for the return of escrow funds is for money that is still in escrow and has not been paid to you. You have to respond to such a request within 7 days, or the funds are automatically returned to the client.

 

Uladzimir K wrote:
I received an email from the community asking if my problem has been solved..


What do you mean?

 


Uladzimir K wrote:
Can the customer harm me if I refuse to return the funds?

Is the contract open or closed?

 

termen
Community Member

The contract was paid, fixed-price contract.
Completed on September.

Can the customer harm by writing a bad review , for example?

I'm talking about an automatic upwork email with a suggestion to choose the best answer ๐Ÿ™‚
petra_r
Community Member


Uladzimir K wrote:
The contract was paid, fixed-price contract.
Completed on September.

The client *could* theoretically still file a dispute. They have 30 days from when the last milestone was paid to do so. 

 


Uladzimir K wrote:
Can the customer harm by writing a bad review , for example?

No, the client can no longer leave any feedback. You closed the contract, which gave the client 14 days to leave feedback, but they didn't. So the client can't harm you by writing a review anymore.

termen
Community Member

Thanks! You brought wonderful news, now I'm not worried at all.
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