vWorker - Dispute Resolution and Arbitration
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Arbitration (Hourly Projects)
Use of AccuTimeCard is mandatory, and as long as it is used, the onus of proof in a dispute is on the client to show that the hours billed were not legitimate and shouldn’t be paid. This can be done by, for example, showing screenshots indicating that the contractor logged time on a project while actually doing something else.vWorker’s arbitration for hourly projects is strikingly different from how it works for fixed rate jobs. Instead of the full, complex arbitration process described above, which assesses the entire project and whether the contractor did what was promised, hourly arbitration is focused on one issue only: whether or not the contractor actually worked the hours that he or she billed. This much simpler arbitration standard requires much less effort from an arbitrator, and that’s one reason for the far lower fees that vWorker charges on hourly work (9% instead of 15%).
However, vWorker specifically does not allow clients to dispute hourly payment on the basis of either productivity (how much work was done per hour), or the quality of the deliverables. Clients who hire hourly workers are expected to carefully monitor their contractors, checking on both the quantity and quality of work done, and taking corrective action as necessary (such as providing further instruction, changing pay rates based on productivity if the contractor agrees, or even terminating the project). They cannot refuse to pay for hours that were properly billed, even if they don’t like the results.
vWorker is one of only two sites I know of that really step up to the plate when it comes to chargebacks, the other being Elance. As long as you follow the site’s procedures, vWorker will not try to take back a payment made to a contractor if the client subsequently issues a chargeback. This policy is entirely consistent with vWorker’s generally impressive record for protecting contractors from abuse, but is still worth explicit recognition.
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Last Site Update: May 18, 2011
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