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Can I invite a contractor I knew through UpWork?

yacinelhichri
Ace Contributor
Yacine H Member Since: Sep 23, 2020
1 of 16

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).

jr-translation
Community Guru
Jennifer R Member Since: Sep 15, 2017
2 of 16

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.

yacinelhichri
Ace Contributor
Yacine H Member Since: Sep 23, 2020
3 of 16

Thanks for clarifying.

martina_plaschka
Community Guru
Martina P Member Since: Jul 11, 2018
BEST ANSWER
4 of 16

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

yacinelhichri
Ace Contributor
Yacine H Member Since: Sep 23, 2020
5 of 16

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

martina_plaschka
Community Guru
Martina P Member Since: Jul 11, 2018
6 of 16

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. 

yacinelhichri
Ace Contributor
Yacine H Member Since: Sep 23, 2020
7 of 16

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.

martina_plaschka
Community Guru
Martina P Member Since: Jul 11, 2018
8 of 16

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. 

yacinelhichri
Ace Contributor
Yacine H Member Since: Sep 23, 2020
9 of 16

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.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
10 of 16

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.

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