๐Ÿˆ
ยป Forums ยป Freelancers ยป Re: Can I invite a contractor I knew through ...
Page options
yacinelhichri
Community Member

Can I invite a contractor I knew through UpWork?

Hi,

 

Not sure if this has been asked before but I'll ask anyway.

It's 3 questions so please bear with me.

 

1- So let's imagine I applied for a job and got rejected after the interview. However, the client reached out to me 1 month later to say that they have another project that could be a better fit for me. The client didn't advertise the job on Upwork. Is it fine to work with this client outside Upwork or I have to ask them to open a new job on Upwork?

 

2- For the sake of more clarity and to use the Time Tracker, I'd rather invite this client on Upwork for a Direct Contract. Would it be fine if I do that or Upwork will see our previous communication and will conclude we've been up to no good behind their back? Will I get suspended?

 

3- Do you recommend Direct Contracts? I can't seem to find a clear explanation of the fees for both myself and the client. Is this mentioned somewhere? Also, is it fine to invite a client who is already on the platform? Or this will look like we're trying to circumvent the rules?

 

Edit: Thank you all for your answers. The discussion is being diverted from its original theme so I'll close the topic (if that's an option).

ACCEPTED SOLUTION
martina_plaschka
Community Member


Yacine H wrote:

Hi,

 

Not sure if this has been asked before but I'll ask anyway.

It's 3 questions so please bear with me.

 

1- So let's imagine I applied for a job and got rejected after the interview. However, the client reached out to me 1 month later to say that they have another project that could be a better fit for me. The client didn't advertise the job on Upwork. Is it fine to work with this client outside Upwork or I have to ask them to open a new job on Upwork?

 

2- For the sake of more clarity and to use the Time Tracker, I'd rather invite this client on Upwork for a Direct Contract. Would it be fine if I do that or Upwork will see our previous communication and will conclude we've been up to no good behind their back? Will I get suspended?

 

3- Do you recommend Direct Contracts? I can't seem to find a clear explanation of the fees for both myself and the client. Is this mentioned somewhere? Also, is it fine to invite a client who is already on the platform? Or this will look like we're trying to circumvent the rules?


1. No since you met them on upwork. 

2. You can't use direct contract with him since he is already on upwork.

3. No opinion. But you can't invite him since see #2.

View solution in original post

15 REPLIES 15
jr-translation
Community Member


Yacine H wrote:

Hi,

 

Not sure if this has been asked before but I'll ask anyway.

It's 3 questions so please bear with me.

 

1- So let's imagine I applied for a job and got rejected after the interview. However, the client reached out to me 1 month later to say that they have another project that could be a better fit for me. The client didn't advertise the job on Upwork. Is it fine to work with this client outside Upwork or I have to ask them to open a new job on Upwork?

 

2- For the sake of more clarity and to use the Time Tracker, I'd rather invite this client on Upwork for a Direct Contract. Would it be fine if I do that or Upwork will see our previous communication and will conclude we've been up to no good behind their back? Will I get suspended?

 

3- Do you recommend Direct Contracts? I can't seem to find a clear explanation of the fees for both myself and the client. Is this mentioned somewhere? Also, is it fine to invite a client who is already on the platform? Or this will look like we're trying to circumvent the rules?


1. You need to stay on Upwork

2. Maybe

3. Yes

 

The client has an Upwork account so he should just create a new job and hire you. Everything else violates the ToS unless the first contact has been more than 24 months ago.

Thanks for clarifying.

martina_plaschka
Community Member


Yacine H wrote:

Hi,

 

Not sure if this has been asked before but I'll ask anyway.

It's 3 questions so please bear with me.

 

1- So let's imagine I applied for a job and got rejected after the interview. However, the client reached out to me 1 month later to say that they have another project that could be a better fit for me. The client didn't advertise the job on Upwork. Is it fine to work with this client outside Upwork or I have to ask them to open a new job on Upwork?

 

2- For the sake of more clarity and to use the Time Tracker, I'd rather invite this client on Upwork for a Direct Contract. Would it be fine if I do that or Upwork will see our previous communication and will conclude we've been up to no good behind their back? Will I get suspended?

 

3- Do you recommend Direct Contracts? I can't seem to find a clear explanation of the fees for both myself and the client. Is this mentioned somewhere? Also, is it fine to invite a client who is already on the platform? Or this will look like we're trying to circumvent the rules?


1. No since you met them on upwork. 

2. You can't use direct contract with him since he is already on upwork.

3. No opinion. But you can't invite him since see #2.

Thanks for clarifying. It feels like Upwork is doing its best to alienate well-intentioned people.


Yacine H wrote:

Thanks for clarifying. It feels like Upwork is doing its best to alienate well-intentioned people.


How are they doing that? You can't really blame them for wanting to collect their fees. 

I am happy for them to collect their fees based on the project advertised on the platform. For anything else, I don't see the point. Whether I start other projects with the client, or set up a partnership together, or I end up buying their business, is none of Upwork's business. I wanted to give back to the platform by inviting the client on the platform, but now I'm told that's not allowed.

 

Fair enough. I'll carry on working with the client on new projects and Upwork won't be getting a dime from them. You can't blame me on this. I didn't take a project off the platform. This another deal and Upwork isn't giving me the incentive to get them involved. If anything, they are driving me off with their crazy rules.


Yacine H wrote:

I am happy for them to collect their fees based on the project advertised on the platform. For anything else, I don't see the point. Whether I start other projects with the client, or set up a partnership together, or I end up buying their business, is none of Upwork's business. I wanted to give back to the platform by inviting the client on the platform, but now I'm told that's not allowed.

 

Fair enough. I'll carry on working with the client on new projects and Upwork won't be getting a dime from them. You can't blame me on this. I didn't take a project off the platform. This another deal and Upwork isn't giving me the incentive to get them involved. If anything, they are driving me off with their crazy rules.


You can work with a client you found here outside of upwork, if the relationship is longer than 2 years or the circumvention fee is paid. What you are doing now is againt the terms of service you agreed to when signing up. This kind of thing will get you suspended real fast. You seem to willfully refuse to understand that, which is not something that often leads to a good outcome. I'm actually trying to help you here since you have a reasonable profile and work history, and it would be a shame if you lost that. 

Are you telling me I can be suspended for just asking the question or suggesting a hypothetical scenario? Is this how things work here?

 

Anyway, thanks for answering. I'll keep using the platform the way I see fit. And yeah obviously, while respecting the T&C, the way I understand and interpret them.


Yacine H wrote:

Are you telling me I can be suspended for just asking the question or suggesting a hypothetical scenario? 


"hypothetical"? You literally delared what you "will" do.

 


Yacine H wrote:

I'll keep using the platform the way I see fit


Until Upwork finds out that you are not using it the way they see fit...

 


Yacine H wrote:

while respecting the T&C, the way I understand and interpret them.


I think you'll find that you are supposed to respect them the way they were written.

Thank you Petra. I appreciate your valuable feedback.

Have a great day. 


Yacine H wrote:

Fair enough. I'll carry on working with the client on new projects and Upwork won't be getting a dime from them. You can't blame me on this.


Great idea, especially as you have just admitted in writing that you are violating Upwork's terms of service, are going against the terms you have agreed to and are defraudung Upwork.

 

Let's see how long it takes for them to suspend your account...

 


Yacine H wrote:

I wanted to give back to the platform by inviting the client on the platform, but now I'm told that's not allowed..


No, you weren't "inviting the client to the platform" - the platform introduced you to the client. The client is already on the platform. 

 


Yacine H wrote:

I am happy for them to collect their fees based on the project advertised on the platform. For anything else, I don't see the point. Whether I start other projects with the client, or set up a partnership together, or I end up buying their business, is none of Upwork's business.


Absolute nonsense.

I hope Upwork deals with this swiftly and decisively. Such fraudulent behaviour is why we all have to suffer the restrictions we do. 


Disgraceful.

Relax. I was asking a hypothetical question. Happy for them to investigate me and see if there is anything wrong I did. You guys are weird.


Yacine H wrote:

Relax. I was asking a hypothetical question. Happy for them to investigate me and see if there is anything wrong I did. You guys are weird.


If trying to help you keeping your profile is weird, then yeah, we're weird. 

Hi Yacine,

 

You can refer to Section 7 or the User Agreement for detailed information. Please note that if you identified or were identified by any party on Upwork, you agree "to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party" on Upwork for 24 months. So the cases you described would be considered circumvention.

 

Since your client already has an account on Upwork, you can not have a Direct Contract with them while you're free to have a Fixed-Price or Hourly contract with them.

 

Thank you! 

~ Bojan
Upwork

Thanks Bojan. I appreciate the feedback. 

Latest Articles
Featured Topics
Learning Paths