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Terms of Service Update 2018

Community Guru
Douglas Michael M Member Since: May 22, 2015
91 of 119

Good luck enforcing your contract terms in the US states that confer majority at age 19 or 20. I assume this will be done as part of registration review.

Community Guru
Douglas Michael M Member Since: May 22, 2015
92 of 119

Lena E wrote:

 

  1. Serious confusion over new language about hourly sub-contracting, brought up by me and by Ela K, most recently here

We believe our explanation was clear and, given that we have always had agencies on Upwork that enabled freelancers to subcontract on hourly projects, this is not a change.   If you have questions about how this applies to you and your ability to use sub-contractors, please reach out to your own advisors.

—————

Lena,

 

Since one response on this question seemed to suggest that freelancers make payments on a contract to which they are not a party, I do not believe your explanation(s) can be said to be uniformly clear.

 

Moderators have invoked the operations of agencies several times in this discussion. Is Upwork now saying that any freelancer may operate as an agency, without being registered as one?

Community Guru
Wendy C Member Since: Aug 24, 2015
93 of 119

Lena, we realize you are between a rock and a hard place trying to answer highly legal questions.  Perhaps Upwork's legal representative - i.e., an attorney representing U in the writing and coverage of the ToS - join the conversation and supply the actual legal answers.

 

There are enough lawyers and paralegals writers on U (I can think of a few highly articulate ones) who can converse with U's attorney to put all this to rest ... and in clear, understandable language.

 

 

Community Guru
Reinier B Member Since: Nov 3, 2015
94 of 119

@Wendy C wrote:

Lena, we realize you are between a rock and a hard place trying to answer highly legal questions.  Perhaps Upwork's legal representative - i.e., an attorney representing U in the writing and coverage of the ToS - join the conversation and supply the actual legal answers.

 

There are enough lawyers and paralegals writers on U (I can think of a few highly articulate ones) who can converse with U's attorney to put all this to rest ... and in clear, understandable language.

 

@Wendy, this reminds me of a question I'd asked previously; were these updates to the ToS and User Agreement written by actual, licensed attorneys who have English as their native language?

 

The excruciating verbosity and many instances of unclear phrasing used in parts of these documents suggest otherwise.  

 

 


 

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The problem with silver linings is that they always come with dark clouds attached - RB
Community Guru
Pat M Member Since: Jun 18, 2016
95 of 119

@Reinier B wrote:

@Wendy C wrote:

Lena, we realize you are between a rock and a hard place trying to answer highly legal questions.  Perhaps Upwork's legal representative - i.e., an attorney representing U in the writing and coverage of the ToS - join the conversation and supply the actual legal answers.

 

There are enough lawyers and paralegals writers on U (I can think of a few highly articulate ones) who can converse with U's attorney to put all this to rest ... and in clear, understandable language.

 

@Wendy, this reminds me of a question I'd asked previously; were these updates to the ToS and User Agreement written by actual, licensed attorneys who have English as their native language?

 

The excruciating verbosity and many instances of unclear phrasing used in parts of these documents suggest otherwise. 

_____________________________________________________________________Reinier, please correct me if I'm wrong; but you never received an answer to your question did you?  Perhaps you did in a PM. 

 

 


 


 

Community Guru
Reinier B Member Since: Nov 3, 2015
96 of 119

@Pat M wrote:

@Reinier B wrote:

@Wendy C wrote:

Lena, we realize you are between a rock and a hard place trying to answer highly legal questions.  Perhaps Upwork's legal representative - i.e., an attorney representing U in the writing and coverage of the ToS - join the conversation and supply the actual legal answers.

 

There are enough lawyers and paralegals writers on U (I can think of a few highly articulate ones) who can converse with U's attorney to put all this to rest ... and in clear, understandable language.

 

@Wendy, this reminds me of a question I'd asked previously; were these updates to the ToS and User Agreement written by actual, licensed attorneys who have English as their native language?

 

The excruciating verbosity and many instances of unclear phrasing used in parts of these documents suggest otherwise. 

_____________________________________________________________________Reinier, please correct me if I'm wrong; but you never received an answer to your question did you?  Perhaps you did in a PM. 

 

 Hi Pat,

 

No need to correct you. I'm still waiting for an answer though a PM or otherwise. I'm fairly certain I won't receive an answer to my follow-up question, either. 


 


 


 

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The problem with silver linings is that they always come with dark clouds attached - RB
Community Guru
Pat M Member Since: Jun 18, 2016
97 of 119

@Wendy C wrote:

Lena, we realize you are between a rock and a hard place trying to answer highly legal questions.  Perhaps Upwork's legal representative - i.e., an attorney representing U in the writing and covera!ge of the ToS - join the conversation and supply the actual legal answers.

 

There are enough lawyers and paralegals writers on U (I can think of a few highly articulate ones) who can converse with U's attorney to put all this to rest ... and in clear, understandable language.

__________________________________________________________________________

Yes!  Yes!  This!!!

 

 

 


 

Community Guru
Wendy C Member Since: Aug 24, 2015
98 of 119

Reinier asked a few times "if these updates to the ToS and User Agreement written by actual, licensed attorneys who have English as their native language?"

 

This is the same question many of us are asking.  

 

Would a moderator please answer it -

Community Manager
Lena E Community Manager Member Since: Apr 7, 2015
99 of 119

Yes Wendy, our Legal team of licensed attorneys have written these terms. If you have specific questions about how these terms apply to you or your situation please consult your own legal adviser. 

Untitled
Community Guru
Kim F Member Since: Aug 26, 2015
100 of 119

As you've now re-stated that questions regarding the ToS need to be asked by a 'legal advisor', can you please supply the contact details of the legal representative who is responsible for dealing with such questions at your end so that people know where to direct them, as well as the process that needs to be used.

 

(Although I don't have a question at this precise moment, it's almost inevitable I will in the future, and others may do now.)

 

And can you confirm that CS agents will no longer answer such questions as you appear to imply?