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Referring people who aren't on Upwork to my Upwork client?

boshoffirene
Community Guru
Irene B Member Since: Feb 17, 2015
11 of 16

I don't really know why this question was posted as a client can employ anyone he wants, and if the people he employs do not work on Upwork, surely it is none of Upwork's business?

 

If the recruitment was not done via this platform, there could be no breach of TOS.

dalandanux
Ace Contributor
David P Member Since: Nov 18, 2015
12 of 16

The question was posted because I would be recommending a freelancer for my client to hire.  That other person is a business consultant who probably would not join Upwork for several reasons that are not relevant to this discussion.

 

It's a necessary question to ask here.  If I recommend the person, he doesn't join Upwork, and that violates ToS, my client and I could both be banned from the site.  If that happens, then per other provisions in the ToS I could not continue working with him outside the platform.  I would lose a significant amount of current business and access to many potential projects, and he would lose the ability to work with not only me but also the other freelancers he has hired.

and979
Community Guru
Andrea B Member Since: Feb 20, 2015
13 of 16

A reward for bringing on a new client, to be paid when that client has paid $ 5 000 on the platform, would be a much better idea.

How right you are! 

dalandanux
Ace Contributor
David P Member Since: Nov 18, 2015
14 of 16

@Petra R wrote:

@Garnor M wrote:

Ah, now that's a bit trickier David and would run dangerously close to our policies on non-circumvention (see Sec. 7). The best advice here is to ask your colleague to join Upwork. If they prefer not to and you'd still like to pursue, try contacting our support team for further guidance.


 Garnor, I really don't think so.

 

David and the client are obliged to work through upwork.

 

David's client and David's friend are not.

 

If I suggest a great hairdresser to my client that hairdresser won't have to cut her hair through Upwork.

 

David's client and David's friend did not connect on Upwork, hence unless they want to take advantage of it they do not have to. David's client is not restricted to hire only through Upwork. David's friend isn't even ON Upwork.

 

 


That makes sense to me.

 

Garnor, can you let us know if this is right?

boshoffirene
Community Guru
Irene B Member Since: Feb 17, 2015
15 of 16

NO client on Upwork is obliged to hire via Upwork ONLY. Incidently, many clients hire via Upwork as well as other platforms (as a point of interest). Therefore, if the freelancer in question is NOT on Upwork, Upwork terms cannot apply to him.

 

Similarly, no Upwork freelancer is obliged to work ONLY via Upwork. You are a business and can recruit private clients (off the Upwork platform) or via other freelancing sites. 

d_lidwell
Community Guru
Dawn L Member Since: Sep 3, 2015
16 of 16

@Irene B wrote:

NO client on Upwork is obliged to hire via Upwork ONLY. Incidently, many clients hire via Upwork as well as other platforms (as a point of interest). Therefore, if the freelancer in question is NOT on Upwork, Upwork terms cannot apply to him.

 


 Exactly. Otherwise, we wouldn't see the same exact jobs being posted across a wide variety of platforms.... and we wouldn't see nearly as many proposals going unanswered (with those jobs never awarding the job to any Upwork freelancer) as we do now. If clients were restricted to ONLY hire through Upwork, these "problems" wouldn't exist.

 


@Irene B wrote:

 

 

Similarly, no Upwork freelancer is obliged to work ONLY via Upwork. You are a business and can recruit private clients (off the Upwork platform) or via other freelancing sites. 


 Again, exactly. Otherwise, most every freelancer would be banned from Upwork because we're smart business professionals and don't put all our eggs into one basket, so to speak.

 

The ToS do not apply in this situation, since the freelancer in question isn't even on Upwork. I'd say, introduce the client and freelancer, and let them sort out their own business agreements, and whether they choose to work on Upwork, or not.

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