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Does disintermediation apply to Elance clients?

fergusm1970
Community Guru
Fergus M Member Since: May 23, 2015
11 of 45

"Upwork claims this will be done."

 

They do indeed, but it's less than helpful that they started moving clients across before all the freelancers had been invited. It's all very well for Upwork to say that my clients will be able to find me on Upwork, but as I haven't been invited to merge yet I find this highly unlikely. I'm actually bloody annoyed that Upwork is, in effect, trying to take clients away from me. Just another bungle in a completely bungled migration.

If liberty means anything at all, it means the right to tell people what they do not want to hear.― George Orwell
suznee
Community Guru
Suzanne N Member Since: Aug 15, 2012
12 of 45

John,

 

It has been awhile since I brushed off my contract law books, but I believe that it would not apply since Elance is closing the site, so they technically are breaking the original contract and the client and freelancer would have a choice of what they would want to do without penality, including shorter termed clients because they have ended the contract that the freelancer and client originally agreed to.

 

This is one reason on here that I really dislike some of the changes without notification, as we all agreed to terms (contracts) when we signed up with Upwork, but they are not giving notifications of changes to said contract. Contract changes should be agreed upon by both parties.

yitwail
Community Guru
John K Member Since: Feb 17, 2015
13 of 45

Nichola wrote, "I made a suggestion to a client to try Upwork. The client did, but couldn't find my profile, and got annoyed that other people were suggested in my place.'

 

If I'm overlooking something obvious, I apologize, but can't you do something like skype the client and send them a link to your profile? Surely that's not against policy.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
colettelewis
Community Guru
Nichola L Member Since: Mar 13, 2015
14 of 45

I did - but the link didn't work  ("dear Henry, dear Henry!") at the time - it might now, but I don' t have hundreds of clients beating a path to my door and this client doesn't waste time fiddling with broken parts.Smiley Frustrated

setumonroe
Community Guru
Setu M Member Since: Jan 26, 2014
15 of 45
@ Suzanne

Each time the user agreement changes on sites like say E-bay, I am prompted with a notification. And i have to click an "I agree" button to continue.

I can't remember doing anything like that here through the many changes to the agreement.
---- easy like Sunday morning ----
suznee
Community Guru
Suzanne N Member Since: Aug 15, 2012
16 of 45

@Setu M wrote:
@ Suzanne

Each time the user agreement changes on sites like say E-bay, I am prompted with a notification. And i have to click an "I agree" button to continue.

I can't remember doing anything like that here through the many changes to the agreement.

Setu,

 

And the worst part is some things such as merging contracts for the same client when a client gives you more money and the feedback being removed is no where to be found in the terms although it was promised it would be added months ago. To this day it is still not anywhere to be found but they continue doing it. Remember when I lost all my feedback from a client I had had for 2 years because he gave me more money?

 

They really should be giving us notice to changes as technically we have agreed to a contract when signing up for Upwork (Odesk) 

yitwail
Community Guru
John K Member Since: Feb 17, 2015
17 of 45

Earlier, Nichola wrote, "It is a controversial subject on the Elance forum, and no real answers have been forthcoming. If clients refuse to cross the bridge, I doubt they could be sued for wishing to keep their freelancers."

 

I can guess what the main argument for working without contracts after the demise of Elance is. What are the main arguments against? Fear of reprisal from Upwork? I'm not a lawyer, so I can only fall back on common sense, and that suggests that any contract entered into with Elance has no legal force once Elance is dissolved, as Suzanne suggested.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
setumonroe
Community Guru
Setu M Member Since: Jan 26, 2014
18 of 45

There might be some ground since it is a merger. Perhaps Upwork "bought" the contracts? Don't know if something like that is possible.

---- easy like Sunday morning ----
suznee
Community Guru
Suzanne N Member Since: Aug 15, 2012
19 of 45

For any modification to a contract to be considered valid, all parties must agree to the subsequent changes. If any party does not agree to a contract modification, the changes are not likely to be enforceable. Valid modifications will be enforced and are binding according to contract laws. - See more at: http://www.legalmatch.com/law-library/article/modifying-a-contract.html#sthash.ytoRAexO.dpuf

 

 

researchediting
Community Guru
Douglas Michael M Member Since: May 22, 2015
BEST ANSWER
20 of 45

@John K wrote:

Earlier, Nichola wrote, "It is a controversial subject on the Elance forum, and no real answers have been forthcoming...."

 

I can guess what the main argument for working without contracts after the demise of Elance is. What are the main arguments against? Fear of reprisal from Upwork?....


Thanks for asking, John!

 

I can appreciate Nichola's sentiment that no "real" answers have been forthcoming. The official answer has been promulgated, paused, vetted by Elance's/Upwork's lawyers, and repromulgated with answers to the objections stated as of the repromulgation date:

 

https://www.elance.com/q/forum/conference-room/response-regarding-non-circumvention

 

And yes, Upwork's likeliest sole recourse would be banishment. There's plenty more where we came from.

 

Best to all,

Michael

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