Communicating On and Outside of Upwork - Terms of Service Changes

[daryl_sando]

Today, Upwork users can, with certain exceptions, share contact information and communicate with each other outside of the Upwork platform. Unfortunately, communicating outside of Upwork raises risks for talent and clients in our community, while undermining the wellbeing of the marketplace. 

To protect our community, we are making changes to our Terms of Service that will require all pre-contract communications take place on Upwork and no contact information to be shared before a contract is started. These changes will become effective June 26, 2020. 

Here we would like to tell you about these changes so you can understand what they entail and why we are making them.  

WHY ARE WE MAKING THESE CHANGES?

The goal of these changes is to create a safe environment in which both talent and clients can thrive. We have found that when users communicate outside of Upwork there is an increased risk in fraud, scam, circumvention, and other behaviors that harm our community. But when communications and work stay on the Upwork platform, not only can we track, verify, and address any issues that emerge, the potential for these behaviors to cause harm decreases dramatically. For example, the vast majority of scammers that take advantage of talent on Upwork do so by taking work or communications off the platform. 

When relationships are maintained on Upwork, those outcomes become part of the record on the platform, providing transparency for other users into the reputation and success of other professionals and talent. This transparency allows for better connections, stronger relationships, and ultimately more success for professionals and clients. 

WHAT ARE THE CHANGES?

These changes apply to Section 7 of the User Agreement:

1. Professionals and clients may not request or share any contact information before a contract is started

Before a contract has started, professionals and clients won’t be able to ask for or share contact information with each other that would allow them to make contact outside of Upwork. This includes requesting or providing contact details in a profile, job post, proposal, invite, or message, which is an expansion from the current restriction on contact information sharing that was limited to just profiles and job postings. 

Update: Freelancers and clients may not request or share any contact information* before a contract is started, with one exception.  A client or freelancer may only share contact information if it is for the sole purpose of giving the other party access to a system that allows them to scope the project in advance. This allows freelancers to review a project prior to a contract so they can determine if they have the needed skills, how many hours it will take, etc. 

This change also provides more clarity on what constitutes contact information, which will include but not be limited to: 

• Phone number
• Email address
• Physical address
• Link to a contact form or form requesting contact information
• Link to an applicant management system or means to submit a proposal or application outside of Upwork
• Any information that would enable contact through social media, other website, platform, or application (i.e., Skype or WhatsApp IDs)

2. Users must conduct all pre-contract conversations (aka interviews) through the Upwork platform

As professionals and clients meet and engage on Upwork, they will need to maintain their communications - whether messages, phone, or video calls - through the Upwork platform until a contract has started. 

3. Exception

Our larger business partners often have specific requirements and business needs that make it more difficult to use our communications exclusively. Clients who utilize Upwork Business and Enterprise solutions are permitted to request and share contact information, as well as conduct interviews or pre-contract communications, outside of Upwork. This exception extends to professionals’ communications with an Upwork Business or Enterprise client. 

HOW ARE WE ENABLING THESE CHANGES?

To support these changes, we have also made improvements to our internal Message Center. We recently upgraded our call and video systems to provide more consistent uptime and a higher quality of service. These changes have provided improvements in user experience and overall user satisfaction. We have enhanced the user experience to provide more straightforward access to this service and flexibility in viewing. Lastly, we are continuing to prioritize improvements to the Message Center to ensure our users have a best in class experience in communicating with each other. Find out more about these upgrades here. 

 

Our goal: To keep the Upwork community safe

These changes will help keep Upwork’s marketplace somewhere for both professionals and clients to thrive while preventing breaches of trust that put the community at risk. If you have any questions, please comment below or contact Upwork Help.

The updated Terms of Service will become effective June 26, 2020.

Daryl Sando, Sr. Manager

Upwork Trust & Safety

**UPDATE**

We appreciate feedback shared on this thread about this upcoming change. We’d like to address and highlight a few concerns that came up multiple times on this thread.

• Many of you noted that you often need to sign a Non-Disclosure Agreement prior to accepting an offer. We've heard your feedback and made the decision to make an exception regarding legal documents. If prior to starting a contract a legal document must be shared that includes contact informaton (such as NDAs), this will be permitted.

• We understand that many of you need to share large files with your freelancers and clients. Users are free to share files via Upwork Messages at any time. Documents can be added into Messages for sharing or you can use Upwork’s  integration with Dropbox to share files. If critical project information is stored in a system that requires an email address to access, you can share your email address for this purpose only. Remember all communications before a contract starts must take place on Upwork. 

• You can share a portfolio that’s not on Upwork. We know sharing your past work is important. Therefore, you can share links to external portfolios when you submit a proposal. Note: We understand external portfolios may include contact information. If you cannot remove that information, please ask the client to only contact you via Upwork.

• We understand that many of you need a way to schedule meetings and interviews via a calendar. Upwork Messages enables users to quickly coordinate interview timing and conduct live interviews using the call feature. We’re constantly looking at ways to improve this experience so we appreciate your feedback.

• We’d like to confirm that calls made through Upwork Messages are not recorded. We encourage users to report violations of any sections of our TOS including these changes. We also have mechanisms in place to identify and flag TOS violations

[7419aa90]

As someone who hires and pays through the platform, I think this is a terrible idea. 

I stay with Upwork, and pay through upwork because of the security it offers, and the quality of the talent that is here. But it isn't perfect...

For every job I have hired for, I have had to interview at least 4-5 people to find the right fit. That takes synching multiple team member calendars, and most importantly, having easy to use and reliable video conferences, which upwork has never been able to provide. This is really frustrating, and honestly just adds to the overhead of using the platform. 

[slavicd]

Spoiler

You know what Bender said, when he was kicked out of the theme park?
"Fine, I'll make my own! With Blackjack and hookers".

**edited for Community Guidelines** So long, I'm from this moment unrecommending Upwork and phasing it off.

[AveryO]

Hi Laura, 

I have responded to a similar question, but I wanted to make sure you get the information I shared. A client can share their website when related to the job at hand.

[mwangiijack]

I have been an advocate for keeping all communication on Upwork. I have also brought a few of my clients to the platform.

That said, if a client wants an interview off upwork, why not? Trust me, I know the risk. Why would I run away from a 20% fee (which reduces to 10% easily) to go get spammed elsewhere?

Most people complied and saw no problem with paying to apply for jobs and the commission percentage.

but this, it's pushing it a little too far considering how unreliable their communication tools are (especially video calls).

On the flip side,

It would be fun to see Upwork implicating clients who share their contact information rather than punishing hardworking freelancers who are just trying to are their paycheck

[AveryO]

Hi Pushkal,

Screensharing is an available (and new) feature in the improvements made to the Upwork Messages video/voice call features. You can check out this announcement post for more information. 

[slavicd]

> I don't really understand how you're managing to make it sound like you're doing this for the benefit of freelancers

Although they have worked hard on wording, they are not. I was not convinced, you were not convinced. I reckon 80% of freelancers were not convinced and the rest will soon follow suit.

[jamiladc]

I agree. 

[bruce721]

I agree. As they have made it harder and harder. Sometimes you have to let go of control to let things thrive or you choke the demand...pure and simple. 

[bruce721]

Yes indeed. 

[researchediting]

---

Avery O wrote:

...,we find that when users communicate outside of Upwork there is an increased risk of fraud, scam, and other harmful behaviors. When communications (and work) stay on our platform we can better track, verify, and help address any issues that emerge, and as a result the potential for these harmful behaviors decreases dramatically. For example, the vast majority of scammers that successfully take advantage of talent on Upwork do so by going off the platform. 

---

Typical Upwork inability to distinguish correlation from causation.

....we find that instances of fraud, scam, and other harmful behaviors usually involve users communicating outside of Upwork. For example, the vast majority of scammers that successfully take advantage of the naive or equally dishonest freelancers on Upwork do so by going off the platform. On the other hand, savvy and honest users often keep communications (and work) on our platform so they can better track, verify, and help address any issues that emerge. The integrity, vigilance, and prudence of these users dramatically decreases the potential for these harmful behaviors, even when the normal course of business requires some communications to happen off platform.

There. Fixed it for you.