Creating an terms of engagement agreement for clients

[#1]

Having spent many years working with clients here on Upwork, I've grown increasingly frustrated by a minority's lack of self-discipline. 

As is typical, they approach, meet, try to scope out the work, agree on a fee, and what is deliverable when and work begins. However, some are unscrupulous and try to scope creep, change due dates, change the rate, etc.

So, I wondered whether I could present my Upwork clients with a term of engagement agreement, which would outline what is required when working with me? It would, of course, have to be in line with Upworks terms of service.

My direct clients adhere to a term of service agreement, which covers the scope, agreed fee, deliverables, what is included and not, plus, what incurs additional costs, etc. 

If the answer is yes, how would such an agreement be enforceable under Upwork's current tos? I'm assuming that it would not be! 

[#2]

You and a client can agree to anything you like to within ToS. Of course you can't run to upwork later with a piece of paper in hand telling them to enforce it for you. How could they?

[#3]

I agree, Martina.

How do you deal with clients who don't stick to agreements or cooperate during the onboarding process?

[#4]

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Darren w wrote:

How do you deal with clients who don't stick to agreements or cooperate during the onboarding process?

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I fire them. I usually weed them out during the interview process.

[#5]

If it is something that happens during the onboarding process, you hold all the cards. You decide.

My two coconuts: just don't accept any other clients than those who really need you and don't mind paying top dollar for your services. Both conditions must be fulfilled. That's below 5% of all invitations or so. 

I don't think there's any need to over-engineer this. And I don't think you need anything from Upwork or should have another agreement that would be too hard to enforce anyway. 

I think you'll do fine by being more selective. 👍👍

[#6]

That's good advice, Mikko.

However, it assumes that low-paying clients behave better than those that pay top dollar, which isn't always the case. What's your experience in this regard?

[#7]

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Darren w wrote:

That's good advice, Mikko.

However, it assumes that low-paying clients behave better than those that pay top dollar, which isn't always the case. What's your experience in this regard?

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I have zero experience with low-paying clients, so I cannot advise on that. Better to ask others.

[#8]

I doubt you could enforce an agreement like that in any way, Darren.

Client's who behave that way aren't going to take the agreement seriously and the rest, who conduct business on Upwork professionally don't need it.

I haven't had too many clients deviate from what was agreed. Generally, if they ask for extra work they know it's at an additional cost.

I am, however, still kicking myself in the shin for accepting an offer from a client who previously funded a job with $5 and expected me to deliver, which I didn't. She contacted me again recently full of apologies and so I accepted the offer. Once again she only funded $25 (way off the fee agreed) and put me in direct contact with her client via GMail. They sent over loads of work with a deadline. I immediately let her know via UW that she must fund the job accordingly and nothing happened. After multiple requests and a few excuses from her side, I closed the contract. 

Clients who are inclined to try and get more for less are unlikely to change their approach. They'll keep trying their luck to get FLs to cave. I get rid of them as quickly as possible but they are by far in the minority in my experience.

[#9]

Hi Bev.

Thank you for your input; I appreciate it.

I am in no doubt that you are correct. However, if you had any advice to share with new or inexperienced freelancers on this matter, what would it be?

[#10]

Check freelancer feedback before you accept an offer.

Once you accept an offer make sure there are multiple deadlines (depending on the cost and scope, obviously) so that of things aren't working out you can exit the contract without much loss.

Keep all communication on Upwork. Many of my clients do communicate with me off the platform when we share files, but I always confirm on Upwork as well, even if it's just a brief summary. 

And if you smell smoke, bale out as soon and as politely as you can - where there's smoke there's most certainly fire 😉

[#11]

Hi Petra.

Thanks for your input; I appreciate it.

My approach is similar; hence it's a minority causing problems.

However, how do you deal with those who present issues at later stages of a relationship?

So, for example, scope change, attempts to change agreed fees, or present unrealistic delivery expectations.

[#12]

I have my Upwork clients sign an Independent Contractor Agreement that I wrote myself.

I include this link in the agreement to at least give a heads up that I'm not an employee or to be controlled including being told when to work or how to do my job.  Clients ignore it on some occasions or they just aren't educated about it.  Upwork deleted the page they had explaining the rules of engagement between freelancers and clients.  It's up to us to take charge but there is no guarantee the Client will follow the rules and Upwork won't back us up anymore.

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-o...