- Report: #491402
Report - Rebuttal - Arbitrate
Complaint Review: Guru.com
Guru.comhttp://www.guru.com Internet United States of America
Guru.com Guru I hired a web site developer through Guru.com but did not receive the project as quoted. Guru.com failed to protect my escrowed funds as per Guru.com's published agreement. Internet
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Dear Joe K. (Guru.com),
Your decision results in me being out $2,250 with no website. So that I can better protect myself with future projects, please explain why Guru.coms Burden of Proof policy did not apply in this decision (as follows):
Guru.coms published Arbitration policy states that when a dispute occurs, the burden of proof lies with the Freelancer and to receive the Escrowed funds, the Freelancer must prove that:
1. He or she completed and delivered the work to the Employer.
[There is no way the BPO Freelancer could prove this as all parties are in agreement that the work was not completed and not delivered to the Employer]
2. He or she completed and delivered the work according to the timeframe in the online Project Agreement.
[The Online Project Agreement clearly stated that the work would be completed on June 12, 2009. There is no dispute by Guru.com or BPO Freelancer that, more than 2 months past the promised completion date, the work has neither been completed nor delivered]
Given the above Guru.com policies and circumstances, I cannot see any justification for your decision. Therefore, a detailed explanation of your decision is warranted.
Dear Chris, If you do not provide me with the server information so that David can properly install your website by September 14, 2009 at 5 p.m. ET, the $1250.00 in Escrow ID: 71917 would be split as outlined in the Arbitration Ruling ($250.00 to you, $1000.00 to BPO Freelancer). Regards,
Good afternoon. I understand that you do not agree with the Arbitrator's ruling. However, based on the project documentation and the evidence submitted by both parties, the Arbitrator determined that David of BPO Freelancer met the Burden of Proof.
Do you plan to send me your server information so David will have the ability to install your website as contracted?
Guru.com - Dispute Resolution Department
If you do not provide me with the server information so that David can properly install your website by September 14, 2009 at 5 p.m. ET, the $1250.00 in Escrow ID: 71917 would be split as outlined in the Arbitration Ruling ($250.00 to you, $1000.00 to BPO Freelancer).
Joe K. (Guru.com),
I have no interest in having Davids (BPO Freelancers) incomplete work delivered as it is worthless.
Furthermore, you have lost me as a customer because Guru.com has failed to adhere to its own published arbitration policy as follows:
[For payment to be awarded, the Professional (BPO Freelancer) must have completed and delivered the work according to the timeframe in the online Project Agreement.
Again, the Online Project Agreement clearly stated that the work would be completed on June 12, 2009. There is no dispute by Guru.com or BPO Freelancer that the project was not completed as of September 7, 2009.
The fact that you didn't address this legitimate and compelling issue demonstrates Guru.com's clear negligence in this case.
This report was posted on Ripoff Report on 09/07/2009 05:11 PM and is a permanent record located here: http://www.ripoffreport.com/r/Gurucom/internet/Gurucom-Guru-I-hired-a-web-site-developer-through-Gurucom-but-did-not-receive-the-projec-491402. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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