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dusanzcvetkovic
Community Member

Is watermarked sample (image retouching) a violation of ToS?

Hello! A client asked me to provide a free sample for him to decide who he is going to hire. Now, I know that this sounds like a scam to get several people to do the job for free. In this case, he needs 10k-12k images retouched and is interviewing 11 people at the moment. But, the client has spent a good amount of money so far.

 

In case it is a scam, the client won't really be able to use it since it's not creative work, it's the same image, only enhanced and can't get any ideas from it.

Will I break the ToS if I provide a watermarked sample which cannot be used later?

ACCEPTED SOLUTION
g_vasilevski
Retired Team Member
Retired Team Member

Hi Dusan,

 

I would like to confirm that asking for free work/samples is a violation of our TOS. You can communicate with your client to be hired for a paid test as well. Thank you.

~ Goran
Upwork

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5 REPLIES 5
g_vasilevski
Retired Team Member
Retired Team Member

Hi Dusan,

 

I would like to confirm that asking for free work/samples is a violation of our TOS. You can communicate with your client to be hired for a paid test as well. Thank you.

~ Goran
Upwork
petra_r
Community Member


Dusan C wrote:

Will I break the ToS if I provide a watermarked sample which cannot be used later?


Whilst it is a violation for a client to ask for free custom samples, it is **N*O*T** a violation of the terms of service for a freelancer to provide a free sample, watermarked or not.

feed_my_eyes
Community Member


Dusan C wrote:

Hello! A client asked me to provide a free sample for him to decide who he is going to hire. Now, I know that this sounds like a scam to get several people to do the job for free. In this case, he needs 10k-12k images retouched and is interviewing 11 people at the moment. But, the client has spent a good amount of money so far.

 

In case it is a scam, the client won't really be able to use it since it's not creative work, it's the same image, only enhanced and can't get any ideas from it.

Will I break the ToS if I provide a watermarked sample which cannot be used later?


You should report the client for asking for free work. He's not necessarily trying to scam you, but if this is a simple retouching/background removal job and he's interviewing 11 different freelancers, chances are he's just looking to hire the cheapest candidate who can demonstrate basic competence. Check how much he's been paying per project/per hour, not just the overall amount of money that he's spent. I'll bet you anything that somebody will be happy to do 12,000 images for $15, and everybody else is just wasting their time.

Dusan, you won't get into any trouble for providing a watermarked sample as part of the interview process.

 

Providing a single example of image retouching might not seem like much of an investment, and I am sure there are many freelancers willing to do this. If the end result is a good job for you, it may well be worth it continue this process with this client. As Christine points out, the end result might be a job you don't really want to do, if the client is particularly cheap. But you would need to decide for yourself.

 

I still don't like the idea of clients asking for something like this. I believe it is better for clients to look at a freelancer's portfolio and profile and then hire people, and fire freelancers who do not provide great value for their project.

 

Is it actually a violation of Upwork TOS for a client to ask freelancers to provide free samples?

It IS against Upwork ToS for clients to ask a freelancer to work for free.  Even if Upwork allowed this (I am not saying they do), I do not think it would be a best practice for a client to do it. It would be a waste of a client's time, and would not yield accurate results. The real test of a freelancer is how he performs while actually working on a project.


Preston H wrote:

 

Is it actually a violation of Upwork TOS for a client to ask freelancers to provide free samples?.


Yes, it is.

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