When using the default optional terms of service (nda, ip, etc), what legal recourses are availble

[32d86ea6]

I'm in the United States and exploring an outsource relationship with companies in India.  Let's say I post a job, an agency's member applies, and we agree to use the default optional terms of service (regarding ownership, confidentiality, etc).

If I have tried to resolve an issue with the contractor and feel that legal action is necessary, what are my options?

For example, in most legal contracts there is an agreed jurisdiction.  I don't see one in the terms of service.  Would I complain to Upwork, initiate legal action in the US, or initiate legal action in India?

[spectralua]

You can add any own agreement to defaults with your requirements. ToS created to protect Upwork from you first. Anything else is your problem.

[mwiggenhorn]

Frankly, unless you have boots on the ground in the freelancer's country of residence, legal  recourse is difficult, expensive, and probably not worth your time.