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

Re: cancel contract, refund request and success score

Active Member
Oleh C Member Since: Sep 10, 2019
1 of 10

Hello. I have  issue with my client. I needed to create new template of one web page and to do some integration with other code. He funded 200$ into escrow. After i finished this and sent him result and requested payment he declined to pay and  wrote that template is not he expected. I believe that i created everything that corresponds to his initial requirements and even more - i added additional  functions  he asked me about after contract started and i do not require from him any extra payments.  So by now he has my work but i do not have money. I think  this is because  he just is not honest man and he was not going to pay me at start. Now after  idle for over 76 days contract automatically closed and my client requested refund. It is not honest to refund and i can open disput but there is more important thing - My Job Success score. So i have questions:
1.If i'll open disput and let imagine disput manager will help me to return at least part of money but in this case i can get bad feedback from client and obviously it will affect on my score. So is it good option?

2.What if i just refund all money to client then does it affects on my success score?
3.What is the best my behaviour for me by now to minimise falling of job success score?

thak you in advance.

Community Guru
Jennifer M Member Since: May 17, 2015
BEST ANSWER
2 of 10

Oleh C wrote:

Hello. I have  issue with my client. I needed to create new template of one web page and to do some integration with other code. He funded 200$ into escrow. After i finished this and sent him result and requested payment he declined to pay and  wrote that template is not he expected. I believe that i created everything that corresponds to his initial requirements and even more - i added additional  functions  he asked me about after contract started and i do not require from him any extra payments.  So by now he has my work but i do not have money. I think  this is because  he just is not honest man and he was not going to pay me at start. Now after  idle for over 76 days contract automatically closed and my client requested refund. It is not honest to refund and i can open disput but there is more important thing - My Job Success score. So i have questions:
1.If i'll open disput and let imagine disput manager will help me to return at least part of money but in this case i can get bad feedback from client and obviously it will affect on my score. So is it good option?

2.What if i just refund all money to client then does it affects on my success score?
3.What is the best my behaviour for me by now to minimise falling of job success score?

thak you in advance.


Feedback has already been given, so you have to determine if you want to dispute regardless of JSS. It's already been hit.

Active Member
Oleh C Member Since: Sep 10, 2019
3 of 10

thank you Jennifer. One more question : can disput affects somehow on success score? Or result of disput? 

 

Community Guru
Kathy T Member Since: Jul 17, 2015
4 of 10

Oleh C wrote:

thank you Jennifer. One more question : can disput affects somehow on success score? Or result of disput? 

 


---------------

A dispute is just the 1st phase of settling problems. An Upwork mediator will suggest or advise you to try and negotiate an agreement as to the funds. Whatever the mediator says, it is NOT binding and it is not a decision. If nothing can be reached as to an agreement, then the next and last step is arbitration. For that the client must pay a $291 fee and you also have to pay that fee. What ever decision is made during arbitration, it is final. 

 

Negative feedback, both public and private affects your JSS score. And a job with no money earned, also affects your JSS. So giving a full refund either voluntary or be an arbitrators decision will affect your JSS score.  So, initiating a dispute or going into arbitration will not affect your JSS. It's what happens or what you do that will affect your JSS. 

 

If this client has your web page template and you see it being used, you can contact the site's host provider with a DMCA to have that page taken down.

Hi XXX. since you have not paid for the work I did, I still own the copyrights to it. If you publish my work at any time I will contact the sites host provider and have it taken down. You can obtain the copyrights to my work by paying the agreed sum. If I do not hear from you within XX days I will start proceeding with the options that are available to me.

Active Member
Oleh C Member Since: Sep 10, 2019
5 of 10

Thanks, Kathy T for reply.


Kathy T wrote:


---------------

A dispute is just the 1st phase of settling problems. An Upwork mediator will suggest or advise you to try and negotiate an agreement as to the funds. Whatever the mediator says, it is NOT binding and it is not a decision. If nothing can be reached as to an agreement, then the next and last step is arbitration. For that the client must pay a $291 fee and you also have to pay that fee. What ever decision is made during arbitration, it is final. 

 


 So it does not make big sense to pay 291$ to return 200$. What reason to open dispute then?

 

About DMCA . I maybe will do this . But my code is on his test server and  code can be easy copied into other servers and it is impossible to me to know where it works after moving. 

 

Community Guru
Kathy T Member Since: Jul 17, 2015
6 of 10

So it does not make big sense to pay 291$ to return 200$. What reason to open dispute then?

 

It doesn't make sense for the CLIENT to do that. If the client goes ahead and pays the arbitration fee, and lets say they "win," they will actually be losing $91.  It's a gamble, if the client doesn't want to pay you, do you think they would want to lose $91? IMO most likely not.

 

Yes, you also will have to pay that fee, but if the client doesn't pay that fee you get that fee back plus whatever is in escrow.

 

Although the amount you or the client would get back is less then the fee, you take the chance that the client won't want to lose the difference and won't want to go through the hassle for that loss.. 

Active Member
Oleh C Member Since: Sep 10, 2019
7 of 10

Jennifer M wrote:

Oleh C wrote:

 


Feedback has already been given, so you have to determine if you want to dispute regardless of JSS. It's already been hit.


Why are you sure that it been given? Client has 14 days after contract's finish to give feedback. There is chance that feedback still is not given yet.  

Highlighted
Community Guru
Petra R Member Since: Aug 3, 2011
8 of 10

Are you even sure the client requested a refund?

 

That refund request may have been generated automatically when Upwork closed the contract for inactivity. If the client closed the contract and requested a refund, then the client will have left feedback.

If Upwork closed the contract under the inactivity rule, then the refund request was initiated automatically.

It is perfectly possible that the client abandoned the project and neither requested nor wants their money back. You have nothing to lose by disputing the return of the escrow funds if you have done the work.

Active Member
Oleh C Member Since: Sep 10, 2019
9 of 10

yes. I am. I received email notification about client's refund request.

 

Community Guru
Petra R Member Since: Aug 3, 2011
10 of 10

Oleh C wrote:

yes. I am. I received email notification about client's refund request.


That is automatically generated.

All the talk of arbitration is premature. It rarely goes that far.

If you did the work you have nothing to lose by clicking the dispute button.

 

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS