Disintermediation period

[#1]

Could I please get some clarification about the distermediation rule? I know that you can't take clients off of Upwork for two years, but I'd like to know: two years from WHEN? I searched the ToS and found this:

"Therefore, for 24 months from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Upwork Relationship”)."

So what is "the time you identify or are identified by any party"? Is this the date that a freelancer sends a proposal, or the date that a freelancer and client start discussing the project, or the hiring date, or something else?

[#2]

Christine, it's a good question.

A concrete situation:
There is a client with whom "I have come into contact" when sending a proposal, receiving a message from him, we have discussed the work and, in the end, we do not reach an agreement (for whatever reason).
If any of these "potential clients" could contact me again after 2 years and "hypothetically" we would like to continue the relationship outside of Upwork, would we be against TOS?

[#3]

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Maria T wrote:

A concrete situation:
There is a client with whom "I have come into contact" when sending a proposal, receiving a message from him, we have discussed the work and, in the end, we do not reach an agreement (for whatever reason).
If any of these "potential clients" could contact me again after 2 years and "hypothetically" we would like to continue the relationship outside of Upwork, would that be against TOS?

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No

[#4]

Quick and concrete, thank you Petra.

[#5]

Does anyone know the answer to my question, or should I direct this to customer support?

[#6 · Accepted solution]

Hi Christine,

24-month period starts when you first make contact with another party on Upwork by any means, for example by sending a proposal or invite.