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New changes to User Agreement: Opt Out options

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Active Member
Mateusz S Member Since: Jan 15, 2019
1 of 2

Hi!

I've went through the new UpWork Agreement and if I remember correctly before I was able to move the relationship with a customer outside of UpWork after 24 months OR after paying the fee ($3.5k if I remember correctly).

With the latest changes it's not so clear to me if this 24 months period still applies and the opt-out fee was changed to a maximum of $50k.

Can anyone clarify it?

The section 7.1 says

Therefore, except as set out in Section 7.3, for 24 months from the start of an Upwork Relationship (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person and not to circumvent the Payment Methods offered on the Site unless you pay a fee to take the relationship off of the Site (the “Conversion Fee”).

 

So the 24 month period is hinted here, however 7.3 does not say anything about it. I think it would be good to make this a bit more clear.

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 2

Hi Mateusz,

 

Yes, the 24-months Non-Circumvention period still applies. To clarify Circumvention is when a client and freelancer meet on Upwork, but then conduct their relationship outside of Upwork by sending payment through another means. That is a violation of Upwork TOS. There are three exceptions to this rule, when moving a relationship outside of Upwork does not count as circumvention:

  • The Upwork Conversion Fee has been paid for the relationship.
  • A relationship that started outside the platform, comes onto Upwork, and is then taken outside the platform. This includes Bring Your Own.
  • Relationships that have been maintained for two years or more on the platform.
~ Valeria
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