Dispute Resolution Policy
The oDesk Dispute Resolution Policy applies to hourly assignments only. Any disputes that arise over time logs or invoices from an existing assignment are handled through a fair and transparent dispute resolution procedure.
- All disputes must be filed during the weekly time log review period.
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oDesk guarantees the provider payment for all properly logged time.
What is Properly Logged Time?
How and when can I file dispute?
I filed a dispute, now what?
Can you hold charges?
How do I dispute charges from past billing periods?
Why can't I file a dispute based on quality of work or missed deadlines?
Why can't I dispute payments I made for a fixed price assignment?
My provider has violated oDesk's rules or policies. What can I do?
What is Properly Logged Time?
- The time must be logged online through the use of the oDesk Team client and be visible in the Work Diary.
- The time must include adequate work memos.
- The time must have an average activity level of above 5.
- The time must appear to be related to the assignment.
How and when can I file dispute?
oDesk buyers should carefully review their providers time logs and work diaries every week during the review period (Monday at 12:00 Noon GMT - Thursday morning 0:00 Midnight GMT). Each work week, the provider is supposed to remove any improperly logged time before the time log is frozen on Monday at 12 Noon GMT. If the provider failed to do so, or you disapprove of offline time added to the Work Diary, you should contact the provider immediately to request a refund. If the provider does not honor your request, you must file a dispute before the end of the review period.
Please click here to see the complete weekly payment schedule.
The dispute form is accessible via My oDesk -> Hire -> My Assignments. Please select "All" from the status drop-down box, click on the Dispute link next to the assignment in question, and continue through the prompts to complete the dispute form.
I filed a dispute, now what?
oDesk will immediately contact the provider for a response to the dispute. Depending on the provider's response, a few different things could happen:
- The provider accepts the dispute: All disputed hours are refunded.
- The provider rejects the dispute (or does not respond): The dispute enters mediation. The provider's weekly limit is set to zero until the issue is resolved. oDesk will review the provider's Work Diary. All offline time is removed. The remaining time is evaluated against the criteria of the oDesk Payment Guarantee.
- The buyer closes the dispute: oDesk takes no action. The buyer cannot reopen the dispute.
If the dispute is not resolved by Thursday night 12 Midnight GMT, the buyer's credit card will be charged for the hours logged, but the provider WILL NOT be paid until a decision is made on the case. If the disputed time does not meet the criteria for 'Properly Logged Time,' the charges will be refunded.
In all cases where mediation is required, oDesk will carefully consider any information presented regarding the contested hours, but will primarily base the decision on the validity of the time logged and not the perceived quality of work.
Can you hold charges?
No. Your account will be charged the full invoice amount unless the dispute has been resolved by Thursday night at 12 Midnight GMT. It is therefore advantageous to file your dispute as quickly as possible. Your provider will not be paid while the dispute is in mediation. If you win the dispute or the provider refunds the time your account will be credited accordingly.
How do I dispute charges from past billing periods?
Charges for past billing periods CANNOT be disputed. oDesk will only make adjustments for offline and improperly logged time if disputed during the review period. If the review period has past, you may still speak directly to your provider (or the provider company's staffing manager) to request a refund. Providers retain the ability to process refunds even after the assignment has ended.
Why can't I file a dispute based on quality of work or missed deadlines?
oDesk makes every effort to make this a fair and efficient process. Disputes made based on missed deadlines or inaccurate time estimates must be handled between the buyer and provider directly, as oDesk does not provide these estimates, review project specifications or guarantee deliverables. You are paying for time, not a product. You have full control and visibility of hours logged. Managing your providers such as to ensure quality work is your responsibility.
If you are concerned about going over budget, we recommend you make use of our weekly limit feature.
Perhaps this 'real world' example will help. Let's say you have an hourly worker at your office. A receptionist, programmer, marketing assistant, or whatever. If you decide you do not like the work at the end of the day, you could fire them on the spot, but you would still pay them for the hours they worked.
It's the same way here on oDesk. This is why it is so important to interview carefully and manage your provider closely with the oDesk tools. You have access to the Work Diary all the time, not just during the review period. If you see something you don't like, you are able to end the assignment then and there. You'll only pay for properly logged time already worked. If they spent the whole time surfing the web instead of working, you don't have to pay for it. If they were working on your assignment, but the work just isn't good enough for you, you do have to pay them. End the assignment quickly and be more careful in your selection process next time. Letting a provider continue working for weeks on end despite your better judgement nearly always has a frustrating and needlessly expensive outcome.
If you only want to pay for the delivery of a product, not the time put into creating it, you may opt to use our fixed price option for your future job openings.
Why can't I dispute payments I made for a fixed price assignment?
oDesk does not offer any escrow, dispute, mediation, or arbitration services for fixed price jobs. The buyer has total discretion over if, when, and how much the provider is paid for a fixed price assignment. Please read this note of caution about making upfront payments for fixed price work.
My provider has violated oDesk's rules or policies. What can I do?
If you believe your provider has violated oDesk's rules and policies, please submit a help ticket to report the inappropriate behavior. To ensure proper and timely handling, you must dispute hours and report violations separately and via the correct channels.
oDesk takes these reports very seriously. Please note that if either party is found in violation of any other oDesk terms, agreements, or policies, then the opposing party will win the dispute resolution process. oDesk also reserves the right to withhold payment to providers for a full month of work if they are found in violation of any of the terms, agreements, or policies.
(subject to the oDesk Marketplace User Agreement)