Confusion between agency account and individual account

[jdwebsquad]

Hello Community Members,

I am stuck in one situation and now I don't know what to do. I am an individual freelancer for the last  2.2 years and maintain a top-rated score for the last 2 years. I am performing well and I have good clients because of consistently proving quality work. In my one project, I took the help of my brother because of the short deadline. I was not aware that I am violating the rule of subcontracting.

So because of the rule break, I got a warning(suspension) from the Upwork safety team to end 2 contracts that are in violation and for that, I am cooperating to support the Upwork team as well. The contract is ended now. The big question what if next time I need help from any other freelancer(if there is a big project which is not possible to handle by one person)? 
1) how can I handle this type of situation? Do I need to add an agency account? 
2) What to do if I got a big project which needs more people?
3) Is there any way to shared work with another freelancer without creating an agency?

Note: I don't have a team and freelancers.  

I really need perfect guidance to move in the right direction. 

Thank You 

[25005175]

https://community.upwork.com/t5/Freelancers/Most-recent-terms-regarding-subcontracting/m-p/1093953/h...

Most recent terms regarding subcontracting? 

[jdwebsquad]

Jonathan the sub-contracting law is already clear to me. Now according to my question what will you suggest? What will you do if you are confused like me? 

[margifted33 · Accepted solution]

I think the only option you might have is to;

 Create an upwork agency account for collaborative work.

You can't invite another freelancer to the project and still be involved in it.

That being said, I'll like to request if you can refer me to any copywriting projects you are too occupied to take on. 

[jdwebsquad]

Right now I am working independently but in future I will think about it. Thank you for the suggestion.

[the-right-writer]

I think you know this is a violation of the Terms. Since you have told Upwork what has happened, you will have to work through them. I advise you to work with them, because none of us can help you. Only Upwork knows how they will handle your situation.

[jdwebsquad]

Yes, I know that and I have sorted out all the issues. But now I am aware of it and I will take care of it. Thanks

[margifted33]

Thank you for your reply 

[jdwebsquad]

I have still some questions in my mind.
1) after adding an agency account I will lose control of the individual account? 
2) suppose there is a first project which can be handled by me individually and the second project needs some extra helping hands in this situation both projects will belong to the agency account?
My main concern is if I can handle 95% of projects individually then all those projects will consider under the individual account or it will count as an agency account after adding an agency account?

[25005175]

Your freelancer account and agency account (as the agency owner) are separate accounts. You can make yourself exclusive to your agency, but that is not required. If you elect to remain non-exclusive, then you will be able to choose which profile to use when you submit a proposal. I recommend reading the Agency content on the Support site. Even though it is incomplete, it covers most of the bases. Supposedly an Agency Academy is in the works.

[jdwebsquad]

Right now I have plus membership of my individual account so suppose I will add an agency account with plus membership plan then both accounts (individual and agency) will work as a plus membership? I mean to say I need to pay both account membership fees?

[25005175]

They are separate entities, so you will have to pay the membership fee on both.

[jdwebsquad]

Okay, Thank You for letting me know. So it means If there is a project in which I don't want to involve any other freelancer then it will use my individual account and if I want to work on any project with more than one developer then I need to use an agency account. Right?

[25005175]

For the latter half, yes. For the first half, you can choose either your freelancer or agency account.

[25005175]

I do an in-depth analysis of sub-contracting as it relates to hourly jobs over here. Hourly sub-contracting loophole? 

For fixed-price you can outsource / sub-contract, as needed. You just need to tell the client that someone else will do those tasks, per Terms of Use agreement, subsection 3.2.