Fiverr are breaking the law!


#1

Has anyone else experienced Fiverr breaking the law by breaching their own terms of service?

For the past month, Fiverr have been refusing to answer my support tickets in which I have called them out on breaching their own terms of service. They cancelled one of my orders ($65 value) without a reason. They claim I didn’t deliver the order, but I did clearly deliver sufficient ‘proof of work’ (as they say in the terms of service).

It’s not just about the money, it’s the principal of it. Fiverr need to know they can’t get away with breaking their own terms of service and stealing money from their sellers.

If anyone else has experienced this (or anything similar), let me know. We could have a big legal case against them and finally get some justice for freelancers!


#2

Have you spoken to customer service about this initially? I mean before you decided to “call them out”, did you discuss the problem?

It sounds like they believe you didn’t, even though you say you did.
I would suggest that before you get into a tizzy about legal cases and calling people out etc, that you check if there was any truth in what they said. It seems odd to be honest so double check everything about the order etc.


#3

This is silly. They don’t answer you because they do not get into arguments with people who accuse them of stupid things they aren’t doing.

They can cancel a sale if they think there is a good reason to.


#4

I find that a bit hard to believe, but at the same time I don’t think Fiverr is this holy entity that never makes mistakes and is completely fair, as some other users seem to think.

If what you’re saying is true (and that is a BIG if), you should raise all hell. If what you’re saying is not true (i.e., there was a reason for the cancelation), they should at least tell you what it was. If they already told you but you just chose to ignore it, be careful with what you say publicly. It can end pretty badly for you…


#5

In the terms of service, it says you must deliver ‘proof of work’. They’re saying I didn’t deliver the order but I did deliver a full-length preview of the video which counts as proof of work. I couldn’t deliver the full-quality file as it was too large to upload.


#6

Does your gig say you will deliver a full quality video?

Joe backpedalled on providing delivery of agreed works because I didn’t initially rate him 5 stars (the original review was 4.5 stars).

I was wondering why you did not actually deliver the full quality video in the first place, and now wonder if this is the reason? You have a lot of sales and experience delivering videos to buyers, but you can’t deliver large video files?


#7

The comment you posted has nothing to do with this order and was a lie told by a buyer who attempted to blackmail me into providing additional work free of charge.

In the order I am talking about, I did deliver a full-quality sample of the video and a full-length lightly compressed version of the video. Due to Fiverr’s ridiculously low file size limit, it wasn’t possible for me to deliver the whole uncompressed video using the order delivery feature. Once the buyer had accepted the delivery, they would have had access to the full video using a file sharing site. They couldn’t access this site before accepting the delivery as the video wouldn’t have been watermarked, and they could have just downloaded the video and cancelled the order.


#8

So what you are saying is you did not deliver the order as agreed and made up your own delivery process to suit your own need/to protect yourself from cancellation?
I don’t get why you think it is ok to do that.
When I deliver a translation, I don’t have a watermark feature and cant demand they accept the order by delivering a sample of the work. You deliver the work and then get reviewed on it. If the buyer chooses to download the video and then cancel the order then you deny the cancellation - you don’t make up your own system and expect Fiverr to say it is ok.


#9

As eoin said, you cannot deliver a watermarked file as the final delivery. Deliver the full finished unwatermarked file, ready to use, as the final delivery. You’ve been here long enough to know that.

Fiverr refunded that buyer because you did not deliver the final unwatermarked file to them.


#10

When delivering an order through Fiverr, it is automatically watermarked. If I had delivered it elsewhere, it wouldn’t have been.

I’m not ‘making up my own delivery procedure’. The terms of service state I must deliver proof of work. I did, so they had no reason to cancel the order.


#11

You can turn off the watermark feature.

You have to deliver what you said you would in the gig description. I could deliver “proof of work” without actually delivering the work but would expect to have the sale refunded if I did that.

It really sounds like you want that 5 stars first.


#12

Wait, if I’m getting this right - you are using your lack of skills (or will) to “waterproof” the Video as an excuse to blackmail the Buyer into completing the Order and sending you the funds (thus losing his/hers ToS given ability to Cance/ Ask for Revision) otherwise they won’t even get to preview the Video they’re paying for before completing payment?

And then you went on to make a Post claiming the Marketplace whose ToS you are breaching on multiple grounds is breaking the Law after protecting the Buyer by Cancelling your Order?

Posts these days are increasingly resembling a Reality Show. Entertaining, but stup… Opps, can’t say it - as a ToS abiding citizen I don’t want troubles with Mods (God forbid).

You were obligated to read the ToS before starting Selling. If you knew you won’t be able to take the risk of sending the actual order to the Buyer before trying to blackmail them into completing it - you shouldn’t have started Selling on their marketplace.

Not make up your own Delivery - Blackmail process.

P.S. By “accepted the delivery”, you mean “left a review”, as that is the only way to officially “accept a delivery.” How can they leave a review if they didn’t see the work?

And what if the review was negative?

You’d still refuse to send them the work, while happily walking away with their money?

Your schemes resemble a blackmail on many basis and you’re the one who wants a legal case against a Company whose ToS you disrespected while Selling on its platform?

This must be some kind of a bad joke.


#13

Once a buyer accepts a delivery, they are entitled to nothing else - they even get a pop up stating this when they click Accept. You would be fully within your rights to not send the full file afterwards and they could do nothing about it.
You must deliver the product - talking about proof of work is for things like website design or SEO etc where there isnt a product to deliver - the final video is your product and so that is what has to be sent with the delivery.

Agreed, I am sure there are some cases where Fiverr make mistakes but the vast majority of complaints I see here tend to fall apart after the surface is scratched a little.


#14

People are getting very confused here. This has nothing to do with ratings or reviews.

I had done all of the work and delivered a full length edited video to prove that. The buyer couldn’t access the full-quality video because they hadn’t accepted the delivery. As soon as they had accepted the delivery, they would have been able to access the full-quality video and leave whatever ratings they saw fit.


#15

This is a video and has nothing to do with web design or SEO.

It states in the TOS that a seller must provide ‘proof of work’. I did exactly that.


#16

The buyer has to be able to access the final product and THEN accept delivery.

He does not “accept delivery” ( meaning leave a review) and then get the final product.


#17

Ok. The reason for the issue has been explained to you and you still think you are right.
I’d suggest you look at how you deliver in future or else be prepared for this to happen again.
If you expected me to accept the preview as a delivery then I would reject it. If you refused to include the video in the final delivery then I would request a cancellation. I see the buyer’s point completely here. I would not just “trust” the seller to send it after I had given up all rights to complain.


#18

So you think you can show proof of work as the final delivery. :rofl:

Send the finished product, ready to use, as the final delivery.


#19

They can’t accept the delivery without rating it, if I remember correctly. And rating the order in advance (before receiving the full-quality video) is a bad idea.


#20

‘Accept delivery’ does not mean leave a review.