Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Important Updates to our Terms of Service

Highlighted
Active Member
Stephanie B Member Since: Dec 16, 2019
41 of 55

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. 

Highlighted
Community Guru
Antun M Member Since: Jan 27, 2018
42 of 55

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)

Highlighted
Moderator
Joanne Marie P Moderator Member Since: Nov 26, 2017
43 of 55

Hi Stephanie,

 

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


-Joanne
Untitled
Highlighted
Active Member
Stephanie B Member Since: Dec 16, 2019
44 of 55

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? 

Highlighted
Community Guru
Tonya P Member Since: Nov 26, 2015
45 of 55

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.

Highlighted
Active Member
Marko M Member Since: Mar 4, 2019
46 of 55

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?

Highlighted
Community Guru
Preston H Member Since: Nov 24, 2014
47 of 55

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

Highlighted
Community Guru
John K Member Since: Feb 17, 2015
48 of 55
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
Highlighted
Active Member
Khadim H Member Since: Mar 9, 2020
49 of 55
Hi! Is this appropriate method to talk to clients let say on skype or LinkedIn etc when client ask about these sources of communication?
Highlighted
Moderator
Avery O Moderator Member Since: Nov 23, 2015
50 of 55

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
Untitled
TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS