Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

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

Community Guru
Ela K Member Since: Feb 9, 2015
61 of 79

@Valeria K wrote:

John,

 

To clarify, the client can dispute the hours billed (not the quality of work) via the platform during the Review period. If the freelancer rejects the dispute and both parties fail to come to a mutual agreement, "Upwork will promptly investigate the Time Log and determine, in our sole discretion, whether an adjustment is appropriate. Upwork’s determination of such dispute shall be final." See section 8.1.

 

Separate from the above, the client or the freelancer can contact Upwork within 30 days of the date of the last payment from Client to Freelancer and requests mediation assistance on the hourly contract. It can be related to the quality of work or billed hours. Note, however, that the resolution proposed by Upwork in this case is non-binding. See section 8.2 for that. That's the process referenced in the sentence you underlined.


So, on hourly contracts during the review period the quality of the work cannot be an issue but some 30 days later it can? How so?

 

Upwork really needs to sort out its message(s) on payment protection ASAP.

Also, I am with Reinier here: who is going to make that call? What kind of expert?

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

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

Robot Frustrated

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

@Maria T wrote:

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

Robot Frustrated

___________________________


 It's OK Maria, you are not alone. There seem to be more holes in UW's protection system, both fixed-rate and hourly, than in a sieve.

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

Well Nichola, not being alone in this is a consolation.
And if we get John to stop asking, better Man Wink

Community Guru
Rene K Member Since: Jul 10, 2014
65 of 79

@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 :-)

-----------
"Where darkness shines like dazzling light"   —William Ashbless
Community Guru
John K Member Since: Feb 17, 2015
66 of 79

Valeria, it may be 'non-binding' but in the last paragraph, it states, "Upwork reserves the right to review the Freelancer’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements, and in its sole discretion, to make adjustments to invoices, and to direct Upwork Escrow to make appropriate releases to Client if it finds work that clearly does not relate Hourly Contract requirements or Client instructions in the Work Diaries  or violations of the Terms of Service during its review of the work." and that sounds binding to me. But as long as you used time tracker, had acceptable activity levels, and kept memos, then I guess you're in the clear, unless you unwittingly violated some obscure ToS regulation.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
Moderator
Valeria K Moderator Member Since: Mar 6, 2014
67 of 79

Ela, Reinier and Wendy,

 

Sorry about the confusion. John correctly noted regarding this part "Upwork reserves the right to review the Freelancer’s work for 30 days prior to the date of the request for Dispute Assistance for compliance with Hourly Payment Protection requirements."  Requirements of Hourly Payment Protection are outlined in section 6 here.

 

And just to clarify once again:

 - The client can file Hourly Dispute via the platform during the Review Period. If the freelancer rejects the dispute, Upwork will review the Work Diary against the requirements of the Hourly Payment Protection Requirements. Upwork doesn't review the quality of work. The decision Upwork makes after the review is final.

 

- The client or the freelancer can reach out to Upwork within 30 days of the date of the last release of funds from client to freelancer and request dispute assitance. Upwork can review Work Diary for 30 days prior to the date of this request for compliance with Hourly Payment Protection requirements (outlined in section 6 here) and may make adjustements. Those adjustments will not be based on the quality of work. 

Upwork can also assist the client and the freelancer with resolving their disagreement and offer non-binding solution. If both parties agree with it, Upwork will make adjustments accordingly. If at least one party disagrees, they can pursue the dispute independently.

 

~ Valeria
Untitled
Community Guru
Petra R Member Since: Aug 3, 2011
68 of 79

@Valeria K wrote:

- The client or the freelancer can reach out to Upwork within 30 days of the date of the last release of funds from client to freelancer and request dispute assitance. Upwork can review Work Diary for 30 days prior to the date of this request for compliance with Hourly Payment Protection requirements (outlined in section 6 here) and may make adjustements. Those adjustments will not be based on the quality of work. 

 

 


 So the client review period for hourly contracts (for all practical purposes) is now 35 days (the 5 day review period plus 30) and extends to not only the hours logged during the previous work week, but the previous 30 days?

 

This is getting curiouser and curiouser....

 

 

 

Community Guru
Ela K Member Since: Feb 9, 2015
69 of 79

@Petra R wrote:

@Valeria K wrote:

- The client or the freelancer can reach out to Upwork within 30 days of the date of the last release of funds from client to freelancer and request dispute assitance. Upwork can review Work Diary for 30 days prior to the date of this request for compliance with Hourly Payment Protection requirements (outlined in section 6 here) and may make adjustements. Those adjustments will not be based on the quality of work. 

 

 


 So the client review period (for all practical purposes) is now a month and extends to not only the hours logged during the previous work week, but the previous 30 days?

 

This is getting curiouser and curiouser....

 


 

Deleted by author.

Employee
Heather W Employee Member Since: Aug 7, 2012
70 of 79

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.

 

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS