tomfromto
Member

Exceptions to the Non-Circumvention clause

Hello,

I am relatively new to upwork and I'm not completely clear on the Non-Circumvention rule.

 

Upwork user agreement, section 7.1 says:

"For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply."

 

Given a scenario like this one:

1. I meet a potential client outside of the Upwork platform

2. We agree to work together through Upwork

3. Later-on (before the 24-month period) we decide to continue our collaboration outside of the Upwork platform.

 

Would this be considered a breach of contract's Non-Circumvention Period clause, or does it fall within the exception? If so, what would be the correct process. Would I need to contact Upword, provide some proof?

 

Thank you!

2 REPLIES 2
lysis10
Member

That's a very good question, and it's why I never wanted to bring my own client unless I had to.

 

My thoughts were what if I brought a client to upwork, but the client then says "I don't like this. I want to go back to PayPal." I say "OK" and someone reads my conversation and I get my account suspended. Then I have to go through the hassle of trying to get someone to look into my case. Too much hassle, so it's either all or nothing for me. If there is no choice, then I would bring to Upwork.

prestonhunter
Member

re: "Does it fall within the exception?"

Yes.

 

re: "If so, what would be the correct process."

There is no process. Just stop using Upwork for your work with the client.

 

re: "Would I need to contact Upword, provide some proof?"

No.

 

Tomas: Non-Circumvention is a VERY VERY important rule.

DO NOT break this rule. Follow Upwork's ToS about this to the letter.

 

But in all honesty, you're pretty much on the honor system with this.