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beysvogel
Active

Without digging through the loooong contract of Upwork can anybody tell me if it is allowed to be a freelancer of Upwork and a freelancer for a other type of freelancer services?  Thus a member of two sites at the same time?

 

Thank you

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jmeyn
Community Guru

@Vladimir G wrote:

Hi Bob,

 

Yes, you can use other freelancing websites. Please note that you're not allowed to advertise other profiles on your Upwork account nor accept jobs you've applied for on Upwork/take clients you've met on Upwork off the platform.


Every now and again I do meet clients I've seen on Upwork also on other platforms and vice versa. I've seen the same job posted on several platforms too. I don't take clients off Upwork but clients are free to post their jobs on several platforms and I am free to quote on several platforms.  It's then up to the client to decide on which platform they award the job. As you are hiding the client I can see identical job descriptions but don't know whether it's the same client or a farmer. And yes, I quote different prices. The platforms' commissions are costs and the costs enter into the sales price.

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petra_r
Community Guru

Of course you can!!!

 

See the "FREE" part in "FREElancer" ?

 

As long as you keep your Upwork clients on Upwork you can be (and some say should be) on other sites and / or also find work via other venues.

 

You are not tied to Upwork other than that you can't meet any clients here and then work with them outside the platform.

 

PS - Vlad was 8 seconds faster 😉

And the Upwork job feed now shows that a job posting is from a previous client....

But it also shows "previous client" if you have only had an interview with a client , or have responded to an invitation, but there has been no job offer.

 

Sometimes the client's name is clear and sometimes not. The same client on another platform might not have quite the same profile.


@Nichola L wrote:

But it also shows "previous client" if you have only had an interview with a client , or have responded to an invitation, but there has been no job offer.

 

Sometimes the client's name is clear and sometimes not. The same client on another platform might not have quite the same profile.


Either of those things would fall within Upwork's "identified or been identified by" on this platform. 

Anonymous User
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@Nichola L wrote:

But it also shows "previous client" if you have only had an interview with a client , or have responded to an invitation, but there has been no job offer.

 

Sometimes the client's name is clear and sometimes not. The same client on another platform might not have quite the same profile.


Especially it shows "previous client", when I have rejected the job offer and this is clearly wrong and misleading! 

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If a client offers a job A on Upwork and Job B on another platform, he cannot be forced to offer Job B on Upwork as well.


@Margarete M wrote:

If a client offers a job A on Upwork and Job B on another platform, he cannot be forced to offer Job B on Upwork as well.


No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee.  

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@Tiffany S wrote:

No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee.  


 Pay the 2,500 USD opt out fee for a job that is worth 50 USD?

 If a freelancer on Upwork gets awarded Job A on Upwork, and then gets Job B (with the same client) on another platform, this is not disintermediation. Clients and freelancers are 'free' to work where work is.

"No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee. " 

 

How? This would require a reciprocal agreement between the sites concerned and sharing of a lot of data.


@Kim F wrote:

"No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee. " 

 

How? This would require a reciprocal agreement between the sites concerned and sharing of a lot of data.


You seem to be saying that the client and freelancer could violate the contract and get away with it, which is likely true--just as many freelancers and clients move offsite and work directly without being found out. Whether or not someone can breach the contract undetected is a very different question from whether or not such action would breach the contract and subject the parties to legal liability.

 

 

No, I was asking how he could be forced to make the choices you stated. 

 

I didn't say anything about anyone getting away with anything. 


@Kim F wrote:

No, I was asking how he could be forced to make the choices you stated. 

 

I didn't say anything about anyone getting away with anything. 


Well, the only barrier to enforcement would be that Upwork didn't know about it. Is that not "getting away with it"?

 

If Upwork knew about it, there's no barrier to enforcement--it could be enforced like any other contract provision in any other context. 

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@Tiffany S wrote:

@Kim F wrote:

"No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee. " 

 

How? This would require a reciprocal agreement between the sites concerned and sharing of a lot of data.


You seem to be saying that the client and freelancer could violate the contract and get away with it, which is likely true--just as many freelancers and clients move offsite and work directly without being found out. Whether or not someone can breach the contract undetected is a very different question from whether or not such action would breach the contract and subject the parties to legal liability.

 

_____________

 

Nobody suspects this besides you... and accusing other freelancers is not according Upwork's TOS.

 


@Tiffany S wrote:

@Kim F wrote:

"No, he cannot. But, he can be forced to choose either not to hire his Upwork freelancer through the other platform or to pay the $2,500 opt out fee. " 

 

How? This would require a reciprocal agreement between the sites concerned and sharing of a lot of data.


You seem to be saying that the client and freelancer could violate the contract and get away with it, which is likely true--just as many freelancers and clients move offsite and work directly without being found out. Whether or not someone can breach the contract undetected is a very different question from whether or not such action would breach the contract and subject the parties to legal liability.

 

 


Tiffany, I honour my contracts but it must be possible to honour them. As the sites are being so secretive about the clients and too often clients hide too it simply isn't possible. Well, and after some time one simply doesn't remember all the names that didn't turn up in the profile only in the files one worked on. 


@Nichola L wrote:

 If a freelancer on Upwork gets awarded Job A on Upwork, and then gets Job B (with the same client) on another platform, this is not disintermediation. Clients and freelancers are 'free' to work where work is.


This would be my understanding too, looks like Upwork has a different view. 


@Joachim M wrote:

@Nichola L wrote:

 If a freelancer on Upwork gets awarded Job A on Upwork, and then gets Job B (with the same client) on another platform, this is not disintermediation. Clients and freelancers are 'free' to work where work is.


This would be my understanding too, looks like Upwork has a different view. 


It's not so much a different view as it is the definition that Upwork has written into its Terms of Service.  

Nowhere in Upwork's Terms of Service does it say that freelancers may not work on other platforms. If a freelancer happens to work for the same client from different platforms, Upwork would have a hard time identifying the conflict in their ToS,  or proving that either client or freelancer had disintermediated, and then suing for same.

 

And as Kim suggested, the other platform(s) could have a similar problem. I doubt if many, if any, clients would ever be sued for disintermediation because they had posted a job multiple times across the internet, and awarded it to a freelancer who also had multiple accounts across the internet. 

 

It would be the most pointless chicken and egg exercise.


@Nichola L wrote:

Nowhere in Upwork's Terms of Service does it say that freelancers may not work on other platforms. If a freelancer happens to work for the same client from different platforms, Upwork would have a hard time identifying the conflict in their ToS,  or proving that either client or freelancer had disintermediated, and then suing for same.

 

And as Kim suggested, the other platform(s) could have a similar problem. I doubt if many, if any, clients would ever be sued for disintermediation because they had posted a job multiple times across the internet, and awarded it to a freelancer who also had multiple accounts across the internet. 

 

It would be the most pointless chicken and egg exercise.


If we were no longer free to work on other platforms, we are no longer freelancers but employees of Upwork. Hey, to whom do I send my account data for my monthly salary? 

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I sometimes receive identical invitations on different platforms. Up to now I did not accept any of these invitations, neither on Upwork, nor on another platform. If I receive the invitation of the other platform one hour earlier, would Upwork then refuse that I work for this client on Upwork?


@Margarete M wrote:

I sometimes receive identical invitations on different platforms. Up to now I did not accept any of these invitations, neither on Upwork, nor on another platform. If I receive the invitation of the other platform one hour earlier, would Upwork then refuse that I work for this client on Upwork?


No, because you and the client would not have identified one another on Upwork--that would have happened on the other platform.

 

The contract language is very clear and straightforward. 

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