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mage2_pro
Community Member

«show that improvement has been made on the site's speed and performance» within an hourly dispute

My client is disputing an hourly contract titled **Edited for Community Guidelines**.

An Upwork employee named **Edited for Community Guidelines**, a Mediation Specialist, requires from me: «please provide us a screenshot of the site test to show that improvement has been made on the site's speed and performance».

Does such requirement violate the chapter «7.1 Disputes initiated via the platform» of the «Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions» (https://www.upwork.com/legal#escrow-hourly) agreement which says: «Disputes handled by Upwork can only address the hours billed, not the quality of the Freelancer Services or the Work Product provided under Hourly Contracts»?

 

 

 

5 REPLIES 5
7f9b79df
Community Member

I'm curious why you would not want to provide the site improvement/perf details to the mediator? Is it just the 7.1 terms? If so, why not ask the mediator? 

mage2_pro
Community Member

I have already answered it in my previous dispute 24 months ago (I did not have other disputes for 2 years): https://community.upwork.com/t5/Freelancers/How-can-I-escalate-a-violation-of-Upwork-Terms-of-Servic...
My working hour currently costs $100 in Upwork:**Edited for Community Guidelines**

So when an Upwork employee violates Upwork rules and wastes my working time, I just lose money which I could earn in other projects.

wlyonsatl
Community Member

Upwork is re-mediating a dispute from 24 months ago?


Will L wrote:

Upwork is re-mediating a dispute from 24 months ago?


No,

That was a different dispute.

marc_compte
Community Member

The quoted text says "...address the hours billed...not the quality of ..." and addressing the hours means one has to make sure the hours billed and the delivery are consistent. So, they should not evaluate if your work generated a big improvement, a small one or maybe even a negative one. They should not evaluate either if you used the right techniques or the wrong ones.

 

But I think them asking for this screenshots does not violate the ToS as long as they only use them to evaluate whether you worked on it or not. Asking for "before" and "after" screenshots sounds reasonable to me if you want to evaluate if the freelancer did something and, thus, had an impact on the speed and performance.

 

But I thought that having the time tracker screenshot the monitors and writing proper memos was enough for the mediator to do such evaluation. Do you do all of these? There must be plenty of screenshots there of your tests and the results before, after and during.

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