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Terms of Service Update 2018

Community Guru
Jess C Member Since: Feb 18, 2015
41 of 119

@Kim F wrote:

What was: 

To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.

is now (1.2)

To register for an Account or use the Site and Site Services, you must, and hereby represent that you... (d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.

 

So depending on where they're located, 18 may not be the minimum age  for people to open an account?


Very interesting.

 

I found the Wikipedia page on the subject rather fascinating reading.

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

Still commenting on U's 'desire' to restrict all communications to the platform -

 

I have a ticket that has been open for 5-6 months.  It is now 3 pages long.

 

Topic > a system glitch that keeps me from getting notification of invites, both buyer and U generated + no notification of messages received from either clients or potential clients responding to a bid.

 

With a track record of U 'goofs' like this, do you seriously want me to not share contact info????

 

BTW- the CS agent who finally got involved is super.  Maybe it won't take 12 months to correct this...

Community Guru
Isabelle Anne A Member Since: May 19, 2014
43 of 119

@Wendy C wrote:

 

 

BTW- the CS agent who finally got involved is super.  Maybe it won't take 12 months to correct this...


I wish this was an exaggeration, but it actually took the team nearly 2 years to fix a bug on my profile that I had reported in 2016. I had almost given up but then I randomly checked one day, and saw that it had been quietly fixed (or resolved on its own). My ticket was never updated.

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

Jess C wrote: 

 

....So depending on where they're located, 18 may not be the minimum age  for people to open an account?


Very interesting.

 

I found the Wikipedia page on the subject rather fascinating reading.



Jess C

is now (1.2)

To register for an Account or use the Site and Site Services, you must, and hereby represent that you... (d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.

 

So depending on where they're located, 18 may not be the minimum age  for people to open an account?


Very interesting.

 

I found the Wikipedia page on the subject rather fascinating reading.


 The general geographic distribution of countries where the age of majority is lower than age 18 is particularly fascinating.

Community Guru
John K Member Since: Feb 17, 2015
45 of 119

@Douglas Michael M wrote:

 The general geographic distribution of countries where the age of majority is lower than age 18 is particularly fascinating.

 

Thanks for pointing this out, Jess & Douglas Michael. The general distribution is Asia and Middle East, but UK & Cuba don't fit the pattern. Also puzzling that it's lower for women than men in Pakistan.

Back to ToS 4.1, this is what I'm seeing as a prohibited use:
Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;


And this was *explained* by Lena thus:
To avoid confusion, we’ve updated the Terms of Use that will become effective on May 20 to omit this change.

What would actually avoid confusion for me is knowing if on May 20, the terms will be amended yet again to incorporate the change that was just omitted? For those joining the thread late, the change would have prohibited skype or email as part of a proposal or interview.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
Community Guru
Douglas Michael M Member Since: May 22, 2015
46 of 119

@John K wrote:

@Douglas Michael M wrote:

 The general geographic distribution of countries where the age of majority is lower than age 18 is particularly fascinating. .

....The general distribution is Asia and Middle East, but UK & Cuba don't fit the pattern.


 That UK listing is for Scotland only. There’s another UK listing at age 18 for England and Wales. Must be the haggis.

Active Member
Mateja M Member Since: Aug 11, 2017
47 of 119
I think Wassim explained everything and sticking to that plan would bring a lot of problems to both freelancers and clients, which would have a huge negative impact on the whole platform. UW are you sure that this is the smartest decision and that it's the direction you want to take?

I like that quote about action and progress, so true. It looks like you guys are high on something and just wanna watch the world (platform) burn.

btw Your android app occasionally stops notifying me of any new messages and I give late replies to my clients, better deal with that for starters.
Community Guru
Steven E. L Member Since: May 5, 2015
48 of 119

This entire thread could have been avoided with a modicum of planning and proofreading.

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

Other changes I can see are below. There are likely more I haven't found.

 

Was 3.3

When requested, you must provide us with information about you and your business.

 

New 1.6 IDENTITY AND LOCATION VERIFICATION

When requested, you must timely provide us with complete information about yourself and your business.

 

The words ‘timely’ and ‘complete’ have been added with no definition of what these mean.

------

That subcontracting is allowed is explicity stated in a new paragraph:

New 2.1

Freelancers are free to use subcontractors or employees to perform Freelancer Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s).

------

Change in regard to feedback:

 

Was 3.6

In order to protect the integrity of the feedback system and protect Users from abuse, Upwork reserves the right (but is under no obligation) to remove posted feedback or information that, in Upwork’s sole judgment, violates the Terms of Service or negatively affects our marketplace.

 

New 2.3

In order to protect the integrity of the feedback system and protect Users from abuse, Upwork reserves the right (but is under no obligation) to remove posted feedback or information that, in Upwork’s sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Upwork.

------

Addition made to non-circumvention (7)

 

For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.

------

Opt out fee increased (7) from $2,500 to $3,500

 

Old (7)

(a) an “Opt-Out Fee” computed to be the greater of the following amounts:

(i) $2,500; or

(ii) 15% of the cost to the Client of the services to be performed in the Upwork Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Client; or

(iii) all Service Fees that would be earned by Upwork from the Upwork Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Freelancer from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Upwork; and

(b) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Client first makes payment to the subject Freelancer until the date the Opt-Out Fee is paid.

 

New (7)

The Opt-Out Fee is computed as follows

(a) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, on the amount calculated in (b), from the date Client first makes payment to the subject Freelancer until the date the Opt-Out Fee is paid; and

(b) the greater of:

(i) $3,500; or

(ii) 25% of the anticipated annualized salary or wages for one year if the Client offers Freelancer employment directly; or

(iii) all Service Fees that would be earned by Upwork from the Upwork Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Freelancer from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Upwork;

(iv) provided, however, that if the amount in (ii) and (iii) cannot be ascertained due to uncertainty or lack of sufficient information, then Upwork and you agree that fee shall be $3,500; if only one of (ii) or (iii) can be ascertained, then Upwork and you agree that amount shall be used if it is greater than $3,500.

------

Community Guru
Phyllis G Member Since: Sep 8, 2016
50 of 119

@Steven E. L wrote:

This entire thread could have been avoided with a modicum of planning and proofreading.


 No kidding. If we ran our businesses the way this whole thing was handled, none of us would have a JSS above 35.

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