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How to execute contract with freelancers?

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Anrie B Member Since: Sep 4, 2019
1 of 2

Hi everyone, can someone please help me out with these two questions? 

 

Question 1:

 

When I agree to work with a freelancer can I just confirm that the terms and conditions that both parties enter into will be in accordance to the "Optional Service Contract Terms" ("OSCT")?

 

The term makes it seem like it is optional? But my read of what it states (link below), suggest that both parties will automatically opt into the OSCT unless they choose otherwise.

https://www.upwork.com/legal#optional-service-contract-terms

"However, if and to the extent that the Users who are party to a Service Contract have not agreed to different terms, then they agree to incorporate these Optional Terms"

 

Am I reading this right?

 

Question 2:

 

If I want to add additional terms in, I will have to ask the freelancer to agree to both the OSCT and the additional terms I want. How do I go about executing this? Just via email or message on this platform?

 

Thank you

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
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2 of 2

Hi Anrie,

 

Correct, Optional Service Contract Terms are the default and apply to the contract unless you and your freelancer agree not to use them. 

You can include any additional terms to the message you send with your offer to the freelancer. Some clients also ask freelancers to sign additional agreements separately and add a note about that in their messages on Upwork. Generally, it's better to record all the terms and agreements in Upwork messages in case any disputes arise in the future.

~ Valeria
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