Aug 9, 2022 11:01:33 AM Edited Aug 9, 2022 11:40:20 AM by Damon D
So, this one is kinda weird, per say. So, I was working with a client, and I met another potential client through them. They work for the same...'franchise,' and they want to work with me, but I want to know if doing so would violate Upwork's ToS. Just trying avoid doing something dumb, so any advice you could give me would be great!
Aug 9, 2022 11:48:06 AM Edited Aug 9, 2022 04:51:04 PM by Bilal M
You can work with them if you do it through a contract on Upwork.
Working with them off platform would be against ToS.
Aug 9, 2022 12:26:32 PM by Damon D
I thought that only applied to clients met on the website itself, not clients off of it.
Aug 9, 2022 12:40:43 PM Edited Aug 9, 2022 12:41:37 PM by CJ A
That might be a bit of a problem because that company itself is usually the client on Upwork. If the Upwork account is a company account, that means that company (including any 'new' people you meet there, and regardless of how) is the client. It sounds like a 'backdoor' way to try to take the work off of Upwork. By that logic, any company or freelancer could get out of having to go through Upwork by starting an Upwork contract and then simply by 'introducing' the freelancer to another person at that company that doesn't use Upwork and creating an 'outside' contract and transferring the work to that contract. Doesn't sound right. Sorry
Aug 9, 2022 04:50:14 PM by Bilal M
The Circumvention clause on the ToS, states that if you meet someone off the platform, but you were introduced through an UW client, that is not permitted, unless you bring your relationship onto the platform.
I had something like this happen to me recently. I friend of a past client emailed me, and offered some work. I gave him a proposal, and then let him know that I could work with him if we do it through UW, and I told him some benefits of working through the platform, as I didn't just want to throw the ToS clause at him. I understand that it can be off-putting for some clients.
The client said he likes my proposal, but that he'll get back to me later as he has some important work to take care of. So I don't know if I'll get the job or not.
Aug 9, 2022 12:29:27 PM by CJ A
No. Not to my knowledge, so long as all the work is done over Upwork. If Upwork were to 'disallow' freelancers from working with more than one client at a particular company, that would hurt many of their big Fortune 500 clients that might have multiple people a 'Big Company ABC' simultaneously hiring various freelancers on Upwork. There's nothing in the rules that I am aware of that prohibits me from having a contract with 'Joe' who works for 'Big Company ABC' and having another contract with 'Jenny' who also works for 'Big Company ABC' so long as both of those contracts go through Upwork
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