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chris_bannu
Community Member

Important Updates to our Terms of Service

Hey guys,

Just received the following via email:

------------------------

We are clarifying permissible modes of communication between individuals on our site to reduce unwelcome off-platform solicitation.

We want to be clear that professionals and clients cannot make unsolicited contact off of the Upwork platform. While often well-intentioned, any type of outreach that bypasses our communication tools and safeguards without an explicit invitation from the other party can be perceived as unwelcome and a violation of privacy. Going forward, users who are found to be violating the privacy of other users in this way will be removed from using our service further.

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Just to make sure I understand this correctly, I cannot contact a client who I started a contract with on Skype, without him inviting me to do so. Is that correct?

Thanks,

Chris

 

56 REPLIES 56
brueggeman-steph
Community Member

I recently recieved an email letting me know that there is a new Terms of Service that will be going into effect on April 3 2020.  To be honest when I first started my profile about 2 years ago I only had one client and don't really remember what the Terms of Service were at that time.  But now I am starting to gain some momentum on Upwork, so I read the update and it has me a lil worried.  The legal jargon they use just really confuses me.  I need someone to dumb it down for us non legalese people. 


Stephanie B wrote:

I recently recieved an email letting me know that there is a new Terms of Service that will be going into effect on April 3 2020.  To be honest when I first started my profile about 2 years ago I only had one client and don't really remember what the Terms of Service were at that time.  But now I am starting to gain some momentum on Upwork, so I read the update and it has me a lil worried.  The legal jargon they use just really confuses me.  I need someone to dumb it down for us non legalese people. 


Nothing you should worry about.
Very "basic" rules still apply, nothing major has changed.

Your post will be (guessing) relocated to the "main" one considering this issue where you'll be able to read more about it.

(https://community.upwork.com/t5/Freelancers/Important-Updates-to-our-Terms-of-Service/td-p/710100)

Hi Stephanie,

 

Could you please share more information about your concern so we can assist you? Thanks!

~ Joanne
Upwork

Thank you Joanne,

Section 7.1 and 7.2 has me concerned.  The Opt-Out fee and how its calcuated is what is most confusing. If I have a client that wants to work out side of upwork, I am assuming he is responsible for paying the fee? Is this something I should add into my own service contract? If a client closes a job but then contacts me like a year or so later with a job doing something completely different, does he have to go through upwork since its still within 2 years? 


Stephanie B wrote:

Thank you Joanne,

Section 7.1 and 7.2 has me concerned.  The Opt-Out fee and how its calcuated is what is most confusing. If I have a client that wants to work out side of upwork, I am assuming he is responsible for paying the fee? Is this something I should add into my own service contract? If a client closes a job but then contacts me like a year or so later with a job doing something completely different, does he have to go through upwork since its still within 2 years? 


Upwork probably doesn't care who pays the fee as long as they get their money. If your client, anyone your client refers you to, or someone who heard your client whisper your name in a dream tries to hire you outside Upwork within the two-year limit, Upwork wants its money.

milojkovic_marko
Community Member

I received an email from Upwork with new platform updates and showed it to a potential client. It said I can't communicate with clients outside Upwork, but he insists that that doesn't apply to our situation because in the email (this part: '...without an explicit invitation from the other party...') it says he is the one that is explicitly inviting me, that he's that 'other party'. He wants to talk on Hangouts/Skype so can I communicate with him outside Upwork but get paid on Upwork in this case?

You can communicate outside of Upwork if the client wants to. That is not against the rules.

Marko, the email also states you “cannot make unsolicited contact” outside the platform. When the client asks you to do this, then it’s solicited contact, which is permitted. That doesn’t mean you have to agree to communicate outside Upwork, but if you don’t agree then the client might hire someone else.
__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
baltistanstudio
Community Member

Hi! Is this appropriate method to talk to clients let say on skype or LinkedIn etc when client ask about these sources of communication?

Hi Khadim, 

 

As long as you and the client have agreed to communicate outside of Upwork by exchanging your Skype, etc. this should be okay.

 

What is not allowed in our Terms of Service is unsolicited contact. For example, when a client posts a job on Upwork they welcome freelancers to submit proposals on Upwork. They do not want freelancers to contact/spam them through outside means, such as their website, social media account, email address, phone, etc. If you are a freelancer and see a job post on Upwork and reach out to a company or person in any way other than by submitting a proposal or you are a client and reply to a proposal outside of Upwork, this will be considered unsolicited contact, per our Terms of Service.  


~ Avery
Upwork
chrisquinn352
Community Member

So is it fine if I apply for a job and the client wants to discuss the details on the phone? Can I do that? The client has also offered to meet in person, but I didn't share any details regarding my location, so I don't know how he even knows that we are in "close" enough proximity to meet. I would never meet anyone from UpWork in person, maybe it's a scam? I don't know what to do at this point.

 

Also, can you point me to the correct location in the "Terms of Service" that would dicate the rules when communicating with UpWork clients?




WINNER OF THE 2019 JD POWER & ASSOCIATES WORDPRESS DEVELOPER OF THE YEAR AWARD 😉 LULZ


Chris Q wrote:

So is it fine if I apply for a job and the client wants to discuss the details on the phone? Can I do that?


Yes

 


Chris Q wrote:

The client has also offered to meet in person, but I didn't share any details regarding my location, so I don't know how he even knows that we are in "close" enough proximity to meet.


Your location is clearly visible on your profile.

msadowski90
Community Member

Can someone from UpWork confirm that there were also changes to the Opt-Out system?

I believe before you could opt out from a project after 24 months or after paying a fee of $3.5k.

As I can see in the updated terms there is no mention of opt-out period and the fee was raised to a maximum of $50k.

If this was also one of the changes it would've been nice to include it in the summary too.

Hi Mateusz, 


I moved your post to this thread since this thread is more related to your question. This change was announced in March 2020 through an email, and was in effect last 3-April. 

 

Our Conversion Fee (formally known as the Opt-out Fee) allows you to pay a one-time fee so you can receive or make payments outside of Upwork’s site without violating our Terms of Service. This way, you can continue to use Upwork to find new talent or clients without risk of suspension for not paying the Upwork fees you agreed to pay by using our marketplace.  The conversion fee will be 12% of a freelancer’s estimated 12-month earnings, based on hourly rate, with the minimum fee being $1,000 and the maximum set at $50,000.

 

In general, the fee is 12% of the freelancer’s estimated annual income based on hourly rate, with the minimum fee being  $1,000 and the maximum set at $50,000.

The hourly rate we use to calculate the fee will be the greater of these:

  • The freelancer’s hourly rate on any Upwork hourly project

  • The freelancer’s proposed hourly rate for any hourly contract on Upwork

  • The hourly rate the freelancer lists on their profile

Our team will calculate the fee for you and answer any questions so you can determine the best option for you. Just let us know how we can help. You may also read more about this here. 


~ Avery
Upwork
reinierb
Community Member


Avery O wrote:

Hi Mateusz, 


I moved your post to this thread since this thread is more related to your question. This change was announced in March 2020 through an email, and was in effect last 3-April. 

 

Our Conversion Fee (formally known as the Opt-out Fee) allows you to pay a one-time fee so you can receive or make payments outside of Upwork’s site without violating our Terms of Service. This way, you can continue to use Upwork to find new talent or clients without risk of suspension for not paying the Upwork fees you agreed to pay by using our marketplace.  The conversion fee will be 12% of a freelancer’s estimated 12-month earnings, based on hourly rate, with the minimum fee being $1,000 and the maximum set at $50,000.

 

In general, the fee is 12% of the freelancer’s estimated annual income based on hourly rate, with the minimum fee being  $1,000 and the maximum set at $50,000.

The hourly rate we use to calculate the fee will be the greater of these:

  • The freelancer’s hourly rate on any Upwork hourly project

  • The freelancer’s proposed hourly rate for any hourly contract on Upwork

  • The hourly rate the freelancer lists on their profile

Our team will calculate the fee for you and answer any questions so you can determine the best option for you. Just let us know how we can help. You may also read more about this here. 


So how would this work for people who do not, and have never done hourly-paid jobs? According to the method described, a Conversion Fee in my case would be based on my posted hourly rate, but the only reason I have a posted hourly rate at all is because Upwork would not allow me to leave that field blank, so I entered the first amount that entered my head.

 

So, can you please clarify how this would work for contractors that only do fixed price jobs?

 

 




 

 

mapes_patty
Community Member

I have a client that I have worked for for 24 months.  I worked a 3rd party contract he had with a client that coincided with my contract and the 3rd party contract has ended. The person I'm working for rec'd a comm from Upwork saying he could take his contract off Upwork with no penalty. He would like to do that as he expects to have other work for me to do. We cannot find the "Move Outside of Upwork Button" to affect this change. Can you please tell me how to do this?

I have a good record on Upwork and don't want to do anything to disturb by other clients or potential new clients.

Thank you,

Patty

If it's been at least two years since the client first contacted you, then you don't need to request anything or notify Upwork - just go ahead.

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