Most recent terms regarding subcontracting?

[d39b193c]

Hi. I'd like to confirm that my understanding of the most recent terms regarding subcontracting are correct.

I've seen numerous posts citing the following from section 2.1 of the User Agreement (https://www.upwork.com/legal#useragreement😞

"You further acknowledge, agree, and understand that ... unless otherwise agreed with their Client, Freelancers may use subcontractors or employees to perform Freelancer Services by delegating work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s)."

However, it seems that the above content has been removed from the current User Agreement. The most relevant information I can find regarding subcontracting is in section 3 of the Optional Service Contract Terms (https://www.upwork.com/legal#optional-service-contract-terms😞

"If a User subcontracts with or employs third parties to perform Freelancer Services on behalf of the User for any Engagement, the User represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. Further, at all times a User that agreed to perform services under a Services Contract remains responsible for the quality of the services and represents and warrants that User has entered into agreements with any such employees and subcontractors on confidentiality and intellectual property at least as strong as those in these Optional Service Terms."

Am I right in thinking that above is the current terms / policy for subcontracting? Thanks!

PS Please let me know if this would be better posted to a different group.

[AndreaG · Accepted solution]

Hi Seon,

Yes, there was a recent update to our User Agreement and Terms of Service this year. You can find information about the update and the current Terms of Service you need to follow in this Announcement.

[d39b193c]

Terrific. Thanks very much.

[bilal1983]

Hi Seon,

Were you able to find and confirm the information you were looking for?

I'm curious to know about the current terms for sub-contracting as well. The link for the current terms of service is not working.

[d39b193c]

Hi Bilal,

Yes. It's the content that I posted in my OP. Here it is:

"If a User subcontracts with or employs third parties to perform Freelancer Services on behalf of the User for any Engagement, the User represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. Further, at all times a User that agreed to perform services under a Services Contract remains responsible for the quality of the services and represents and warrants that User has entered into agreements with any such employees and subcontractors on confidentiality and intellectual property at least as strong as those in these Optional Service Terms."

As I read it (IANAL), that seems to be the limit of our obligations to Upwork, but of course it would be good practice and sensible to advise a client upfront if you intend to involve with other freelancers to complete the work.

[bilal1983]

Thanks Seon,

So it seems like the policy is slightly ammended now, in the sense that subcontracting can be done on hourly contracts as well? As long as client knows about it? 

[kochubei_valeria]

Hi Bilal,

I'd like to make some clarifications. Freelancers cannot submit Hourly Contract Invoices that bill hours worked by another person. That would be a violation of Upwork TOS. Thus, freelancers can only subcontract on Fixed-Price contracts. If an agency needs to subcontract/delegate work to one of its members, they can do it using an Hourly contract. But that agency member would need to be hired on an Hourly contract under the agency so that the hours are accurately invoiced under the person’s name who completed the work.