Is an offer the same as a contract?

[m-mcdonald2]

I've just received an offer from a potential client. In a nutshell it says, "Freelancer will write compelling content at $ rate for no more than 40 hours per week." Maybe it doesn't seem like it, but this is an ideal client for me. 

What happens if I accept the offer? Do we then move on to a formal contract? Or is the offer the contract? 

Or, do I message them and say, "Since this is our official contract, let's put some more clarity in there about the scope of work, turnaround times, length of content, amount of work needed, etc."

Thanks so much!

[prestonhunter]

An offer is not the same as a contract.

[m-mcdonald2]

That's what I would think, though a couple of folks here said it is.  

Thanks for weighing in, Preston. Appreciate it.

[petra_r]

Where and how did you receive that offer? When you go to Find Work > Proposals - Is the offer there under "offers"?

Is the client's payment method verified?

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Mary M wrote:

Or, do I message them and say, "Since this is our official contract, let's put some more clarity in there about the scope of work, turnaround times, length of content, amount of work needed, etc."

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Always! Don't accept anything until you have interviewed the client.

But assuming it's a real contract and you and the client are on the same page and the client's payment method is verified, once you accept the offer by clicking the "Accept" button, you have a contract.

[m-mcdonald2]

Hi, Petra.

Thanks for your response.

I got an email saying I had an offer on Upwork. When I open the offer the URL says "/nx/wm/pre-hire/f/offer" which I've never seen before. /nx/wm/pre-hire/f/offer

Under Find work and proposals, it comes up under 

My proposals---> Active ---> Offer.

Again, never had this before. 

Yes, a real verified client. They've spent tons of money on Upwork. 

So, if this is a real contract, I'm not comfortable, because it says nothing. 

I just want to be professional and respectful about introducing a more detailed contract. Not hyper-detailed, but the basics.

[martina_plaschka · Accepted solution]

I bet it's a scam. Nobody hires a full-time content writer.

[m-mcdonald2]

Thanks, Martina. I actually don't think it's a scam. They have very good reviews and their payment is verified. Fingers crossed!

[BojanS]

Hi Mary,

Once the client sends you an offer, you should review it and accept it. Once you have reviewed the offer and accepted the terms, a contract will be created. Please do not work on any project until you accept the offer, it's showing on your My Jobs page as an active contract. You can check this help article for more information about the interviewing and negotiating process. 

Thank you! 

[m-mcdonald2]

Thank you, Bojan!

I looked at the help article.

I definitely won't work on anything until we've finalized things! 

I'm still not clear on this :

"Once you have reviewed the offer and accepted the terms, a contract will be created."

What does that mean, exactly? Is the accepted offer a contract? Does one of us then write up a contract for approval from the other? 

Should I send a message after (or before) accepting the offer...."Looking forward to getting started with you. We should hammer out the details in a more specified contract."

Bojan, thanks for such a quick response!

[petra_r]

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Mary M wrote:

I'm still not clear on this :

"Once you have reviewed the offer and accepted the terms, a contract will be created."

What does that mean, exactly? Is the accepted offer a contract?

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Yes

That is why you want to clarify what will be expected.

For example, the 40 hours weekly limit is the default. That doesn't mean the client actually wants you to work 40 hours a week, it just means you can't log more than that. The client may have work for 40 hours, or for 1 hour a week.  Or 10. Or 2 a month...

Communicate with the client in messages to make sure you are both on the same page.

[m-mcdonald2]

That's what I was thinking. 

If you have the time for one more question......

Would you have these message communications BEFORE or AFTER accepting the offer? 

[gilbert-phyllis]

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Mary M wrote:

That's what I was thinking. 

If you have the time for one more question......

Would you have these message communications BEFORE or AFTER accepting the offer? 

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BEFORE accepting the offer. There is nothing unprofessional about asking questions and suggesting specs that clearly define the scope of work. Some clients are too lazy to do that in their job posts, others too inexperienced. (And others have no intention of it and rely on FLs being too inexperienced and/or too eager, and will scam you one way or another.) In any case, never accept an offer until the scope is thoroughly and clearly defined and contingencies have been addressed, e.g., what if x hours of reseearch doens't turn up adequate material for what we plan to write about?

[m-mcdonald2]

Thanks, Phyliis 

That's what my gut was telling me. I appreciate your help!

[wlyonsatl]

Mary,

I don't agree to any contract without knowing what the client expects from me and have some confidence they know what I expect from them.

In my specialty I make it clear that they will need to make regular contributions to the documents I'm creating for them. I even make that very clear in my cover letter, which may be one reason I don't get responses on 100% of the proposals I send.

[martina_plaschka]

I never accept an offer before I have everything I need to do the work. It might be tempting to click accept before you have discussed everything with the client. We have heard countless stories in the forum about that going wrong, as you can imagine. 

You need to ask the client what exactly he expects from you, which is when you tell him how long that will take you. I still doubt they will want to hire someone for 40 hours a week. 

Only when you have no further questions for the client, click accept. Never before. 

[wlyonsatl]

An offer can lead to a contract, if you allow it to, Mary.

I receive them occasionally and have never had one that contained enough information that I could make the decision to accept or not.

I wouldn't dismiss it out of hand. Just ask the client for more details in the message page or, better, have a Zoom app call to get the information you need to make a decision.

[m-mcdonald2]

Hi Will! 

Okay, that's what I was thinking. 

I wasn't going to dismiss it, because we had a great zoom call and seemed to be in sync on a lot of the important stuff. 

I just didn't want that to be the end of the story as far as expectations go. 

I think based on everything I've read on this page (first time using it! man is this helpful!), I will reach out to him to either ask for clarification before I accept or say that a more detailed contract will follow. 

Thanks!!

[wlyonsatl]

That's the best way to go, Mary.

Good luck!