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Why would Upwork encourage arbitration (!) on a closed contract with $ 0 in Escrow??

Community Guru
Nichola L Member Since: Mar 13, 2015
71 of 79

@Heather W wrote:

Hi Petra,


The 30 days would be from the time mediation is requested, not the time a weekly dispute is filed. 


This section of our TOS has been part of the Upwork dispute process from the beginning. The oDesk dispute process also included a 30-day window where payment protection criteria was applied.


Upwork provides dispute resolution assistance to help users resolve problems with their projects. During the dispute process, our main focus is working with both users to find an agreement. However, if hourly mediation is exhausted this would be part of the final step in closing the dispute.


This portion of our TOS allows Upwork to focus on how hours are logged and not on the quality of work, which can be subjective. Freelancers who log time using the time tracker and follow the Hourly Payment Protection guidelines would not be impacted by this refund.


It’s also important to note that this part of our TOS protects freelancers from clients who make quality-based refund requests on hourly contracts, just as it protects clients from freelancers who have participated in questionable billing practices.



When Upwork was oDesk there was no protection whatsoever for fixed-rate jobs. We really did live dangerously then!

(OT Heather, where is your little green Upwork badge? Smiley Happy)

Community Guru
Mary W Member Since: Nov 10, 2014
72 of 79

All of this confusion could easily be eliminated by re-writing the TOS in clear, understandable language.  In the last 10 years, most contracts have been written in simple phrases and even used bullet points.


After re-writing the TOS, make a test required before a freelancer can begin working.


The freelancers who have been around could be given a certain period of time - several months even - to review and agree to the new TOS.

Community Guru
Maria T Member Since: Nov 12, 2015
73 of 79

Hi Rene,

You're right. But I thought that, with the questions and answers here in the forum, I would be able to clarify something else.
Well no, I managed to lose the north completely Robot wink

Community Guru
Prashant P Member Since: Sep 29, 2015
74 of 79

@Rene K wrote:

@Maria T wrote:

All right!
At the end, I have managed to understand nothing at all!

Robot Frustrated

It's legalese. Not sure if it would be easier to understand in Spanish. Legalese is cryptic no matter your native tongue :-)

 Nope it is not cyptic at all.  I have been yelling this from page one that it is Big Bang Theory Sheldon's "Roommate Agreement" with Leonard.


(For those not familiar with Big Bang Theory.  It is a #1 comedy show in US.  Sheldon and Leonard are two super highly intelligent scientists.  Before Sheldon accepted Leonard as his roommate he made him sign the Roommate Agreement with clauses and clauses and sub clauses with clauses in those sub clauses.  Whenever there is a dispute, Sheldon is always able to pull out one those clauses to win the dispute).


Now where is North?

Community Guru
Wendy C Member Since: Aug 24, 2015
75 of 79

Superb analagy, Prashant ... and to this non-legal trained mind - sums it up better than anything to date.


@ Marie and Nichola - perhaps if it were written in Klingon we would be better able to decipher it.  Smiley Sad



Community Guru
Reinier B Member Since: Nov 3, 2015
76 of 79

Klingon or not, as per Valearia's explanation, it seems that Upwork can determine the quality of a deliverable, so my question is this; 


Does Upwork use inhouse experts to determine the factual accuracy of a technical article, or do they go out and hire an astronomer, master automotive technician, architect, award-winning interior designer, financial/business analyst, or whatever the case demands, to determine the quality of a written text?  

Community Guru
Wendy C Member Since: Aug 24, 2015
77 of 79

My thinking exactly ... but more succinctly phrased. Thanks, Reinier.

Community Guru
Irene B Member Since: Feb 17, 2015
78 of 79

So...what Upwork is actually saying is...


Just shut up, we will do as we please, when we please, and however we please...any way we please...and seeing you are just a don't actually have any say in what we do or how we do it when it comes to determining whether you are going to get paid or not...because...well....we say so when we say so how we say so whenever we want to say so. And so by the way....if ever a client gonna get burnt.


I mean...let's face it. Freelancers are a dime a dozen. A few may get a hissy fit and up and leave. But hey, in the general scheme of things, that doesn't know...a dime a dozen... So yeah, let's stick with the guys that are paying i.e. the clients...afterall, if it were not for them...these pesky flancers wouldn't make money so that we could get a percentage of their hey...if one trots off, ten others are willing to join the platform, right? So who in their right mind would offer them any sort of security in any shape or form? 


Now you still wonder why I am starting other business ventures? At some point Ima gonna be gone...And you know what? I, just like anyone else, will not be missed. That is just the way it happens to be.

Community Guru
Maria T Member Since: Nov 12, 2015
79 of 79
Something like....
“The first part of the party of the first part shall be known in this contract as the first part of the party of the first part shall be known in this contract-- Look, why should we quarrel about a thing like this? We'll take it right out, eh?”