Cancellations And Refunds
Before Employer/Buyer cancels a Service/Project, we recommend them to communicate with the Seller in the WorkStream and express his concerns so that the Freelancer has an opportunity to address them. Most issues can be sorted out efficiently with simple communication and Freelancers on ODeskWork.com care about keeping their clients happy.
If the Buyer/Employer is not able to communicate with the Freelancer or communication with the Freelancer is not working and the Buyer/Employer feels that the Freelancer is not adhering to the Rules of engagement then the Buyer can also contact ODeskWork.com Customer Support for assistance to get the Service/Project back on track.
1.1 Cancellation of a Service/Project
- After the Commencement of a Service/Project, the Buyer or Seller may request a cancellation:
- a) The requestor must notify the other party of the cancellation by placing a message in the WorkStream. Alternatively, if there are funds in the Safe Deposit /Credit Section Account and the Buyer/Employer believes that they are entitled for a refund (subject to Section 1.2), the Buyer/Employer can notify the Freelancer of the cancellation by requesting a refund using the “Request Refund” action on the WorkStream.
- b) If the Buyer/Employer fails to notify the Seller/Freelancer in the WorkStream that he wishes to cancel the Project and the Project is subsequently completed, the Buyer/Employer must pay for the service delivered in accordance with these terms and conditions.
- Once notified of a cancellation:
- a) The Freelancer should stop working on the Service/Project immediately;
- b) The parties should agree in the WorkStream what payment is necessary for any work completed (or time spent, if it is a per hour Custom Project). If the cause of the cancellation was not due to the circumstances defined in Section 1.2 the Seller/Employer is entitled to request payment at minimum equal to the value of the deposit funds held in the Safe Deposit/Credit Section Account.
1.2 Refund policy
- A Buyer is entitled to receive a refund of funds held in the Safe Deposit/Credit Section Account under the following circumstances:
- a) no response: the Seller/Freelancer has not responded in the WorkStream within 1 day of proposal acceptance by the Buyer/Employer;
- b) non-delivery:
- for Services, the Seller/Freelancer of the Service did not deliver the scope of work within the delivery timescale indicated in the Service or as agreed with the Buyer/Employer within the scope of ODeskWork platform (WorkStream).
- for fixed price or price per item Custom Projects, non-delivery means agreed scope of work was not delivered within the agreed timescale;
- for per hour rate Custom Projects no time has been spent.
- c) poor quality: with the exception of per hour rate Custom Projects, the deliverables provided by the Seller do not meet the terms defined after at least two revisions have been provided by the Seller/Freelancer in response to detailed feedback from the Buyer/Employer; or
- d) the Seller/Freelancer lost a dispute.
- Buyer/Employer and Seller/Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by ODeskWork team, as defined in Section 1.3
- Refunds are only applicable to funds held in the Safe Deposit/Credit Section Account. Funds should only be paid out of the Safe Deposit/Credit Section Account once the Buyer is satisfied that the Service/Project (or any agreed milestone deliverables) has been completed. By releasing funds from the Safe Deposit/Credit Section Account the Buyer accepts that this money is non-refundable.
- Buyers/Employers should NEVER file a dispute or reverse a payment through their Credit card company or Bank. Attempts to seek refunds in this way will lead to the Buyer’s account being permanently suspended and may attract legal actions.
1.3 Requesting a refund
- A Buyers/Employers can request a refund of the funds held in the Safe Deposit/Credit Section Account using the “Request Refund” by mail to firstname.lastname@example.org or action in the WorkStream by specifying a reason for their request:
- a) the Seller must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to ODeskWork.com for Dispute assistance
- b) if the Seller does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then ODeskWork.com may release the funds automatically back to the Buyer subject to the following clause.
- c) poor quality: with the exception of per hour rate Custom Projects, the deliverables provided by the Seller do not meet the terms defined after at least two revisions have been provided by the Seller in response to detailed feedback from the Buyer; or
- d) the Seller lost a Dispute.
- ODeskWork.com will process approved (or non-actioned) refund requests back to the Buyer’s ODeskWork.com Credit Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If ODeskWork.com reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations ODeskWork.com shall not be obliged to make the refund.
1.4 Refund and cancellation penalties
- Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the ODeskWork marketplace as follows:
- a) where the Seller is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the Project), it will negatively impact their Seller status and rankings;
where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;
- c) multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.
- ODeskWork.com will process approved (or non-actioned) refund requests back to the Buyer’s ODeskWork.com Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If ODeskWork.com reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations ODeskWork.com shall not be obliged to make the refund.
- A chargeback (being a challenge to a payment that a Buyer files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.
- You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website.
- You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).
4.1Refunds (as on Terms of Service)
- odeskwork does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s odeskwork Credit Balance and are available for future purchases on odeskwork. Until august 1, 2019 funds returned to your odeskwork Credit Balance from cancelled orders will not include service fees paid. As of august 1, 2019, odeskwork returns service fees to your odeskwork Balance once an order is cancelled. In any event, if the service fees were not returned to your odeskwork Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on odeskwork.
- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
4.2 oDeskwork Credits (as on Terms of Service)
In certain instances, oDeskwork may offer you credits (“oDeskwork Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing project and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid odeskwork Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise,odeskwork Credits serve only as an incentive to use odeskwork, a Credits may be voided in the event of fraud, misuse, or violation of these Terms. odeskwork reserves the right to modify or cancel the odeskwork Credits program at any time. If you or odeskwork deactivate or suspend your odeskwork account, any unused odeskworkCredits in your account will be forfeited.