Refund

6.2 Refund policy

A Employer is entitled to receive a refund of funds held in the Escrow Account excluding the refund fee as described in Section 8.1, under the following circumstances:

  1. a) no response: the Freelancer has not responded in the WorkStream within one (2) working day of the Commencement of the project;
  2. b) non-delivery:

for fixed price or price per item Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;

for per hour rate Custom projects no time has been spent.

  1. c) poor quality: with the exception of per hour rate Custom projects, the deliverable provided by the Freelancer do not meet the terms defined in Section 3.2 after at least two revisions have been provided by the Freelancer in response to detailed feedback from the Employer; or
  2. d) the Freelancer lost a Dispute.

Employer and 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 Robins and Wright, as defined in Section 6.3 .

Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Employer is satisfied that the project (or any agreed milestone deliverable) has been completed. By releasing funds from the Escrow

Account the Employer accepts that this money is non-refundable.

Employers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Employer’s account being automatically suspended.

6.3 Requesting a refund

A Employer can request a refund of the funds held in the Escrow Account excluding the refund fee as described in Section 8.1, using the “Request Refund” action in the WorkStream and specifying a reason for their request:

  1. a) the Freelancer must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to Robins and Wright for Dispute assistance and handled in accordance with Section 7;
  2. b) if the Freelancer does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then Robins and Wright may release the funds automatically back to the Employer subject to the following clause.

Robins and Wright will process approved (or non-actioned) refund requests back to the Employer’s Robins and Wright 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 Robins and Wright reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Robins and Wright shall not be obliged to make the refund.

6.4 Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Robins and Wright marketplace as follows:

  1. where the Freelancer 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 Freelance status and rankings;
  2. where the Employer 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 Employer status;
  3. multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

Robins and Wright will process approved (or non-actioned) refund requests back to the Employer’s Robins and Wright 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 Robins and Wright reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Robins and Wright shall not be obliged to make the refund.

  1. Disputes

Robins and Wright encourage our Freelancers and Employers to try and resolve any disagreements between themselves. However should that not be possible Robins and Wright Customer Services can provide Dispute resolution.

A Dispute can be raised:

  1. by the Freelancer manually after a Employer has rejected an invoice;
  2. by the Freelancer automatically if they decide to reject a Refund Request received from an Employer.

To raise a dispute, the Freelancer is required to pay a non-refundable fee as per section 8.2

Disputes are available to Freelancers that have qualified as trusted members of the Robins and Wright community.

If the amount disputed is £100 (or €130 or USD $160) or above, Robins and Wright may reach out to both parties in order to mediate and try and bring the Dispute to resolution.

Robins and Wright will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the workstream, then the dispute will either be cancelled or resolved in line with the mutual agreement.

In the event of having to make a resolution decision, Robins and Wright will use only the communication in the WorkStream as sole evidence, and consider:

  1. if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the project;
  2. if the project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;
  3. for Disputes concerning the quality of the work delivered: Robins and Wright will consider whether the Freelancer has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
  4. if the Employer and Freelancer have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, Robins and Wright will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated