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cb7aa326
Community Member

Client is very aggressive

Hello, 

 

I am new on Upwork and a client offered me a contract.  The client contacted me on through Upwork and then migrated the job on skype which I believe is normal. But when he sent me a contract it was very strict. The client was asking me to close down all online profiles and I will not be allowed to take any job even free. 

 

The agreement is for 2 years. The client also put an amount of $30,000 liquidated charges if the contract is breached however the amount I will earn from the client is half of this in 2 years. Plus client is keeping 20 % of salary for the first four months as security and a 25 % security deposit of bonuses he will give me in a quarter. 

 

Question: Is this a normal agreement which US-based clients offer to freelancer or he is trying to buy me not my hours? 

 

I will appreciate similar experienced answers. 

 

Thank you.

 

Regards,

Atif

 

ACCEPTED SOLUTION


Atif A wrote:

It is the same client who paused my contract and now convincing me on skype to sign a contract with him. I have worked with a lot of companies and have never seen such a bad contract T&C's. 


You don't need to sign a seperate contract to work with a client on upwork, a contract is created by acceptance of an offer, it is implied.

End this nonsense, not worth your time. 

View solution in original post

10 REPLIES 10
martina_plaschka
Community Member


Atif A wrote:

Hello, 

 

I am new on Upwork and a client offered me a contract.  The client contacted me on through Upwork and then migrated the job on skype which I believe is normal. But when he sent me a contract it was very strict. The client was asking me to close down all online profiles and I will not be allowed to take any job even free. 

 

The agreement is for 2 years. The client also put an amount of $30,000 liquidated charges if the contract is breached however the amount I will earn from the client is half of this in 2 years. Plus client is keeping 20 % of salary for the first four months as security and a 25 % security deposit of bonuses he will give me in a quarter. 

 

Question: Is this a normal agreement which US-based clients offer to freelancer or he is trying to buy me not my hours? 

 

I will appreciate similar experienced answers. 

 

Thank you.

 

Regards,

Atif

 


Nothing about this is "normal", as you know already yourself, starting with taking conversations out of upwork which is not allowed before hire. 

I don't know what his game is, but just end the contract and block him. Your rating will take a hit, but nothing can be as bad as wasting one more minute on this. 

Hopefully you have not accepted an offer yet, so you just need to block him and move on. 

It is the same client who paused my contract and now convincing me on skype to sign a contract with him. I have worked with a lot of companies and have never seen such a bad contract T&C's. 


Atif A wrote:

It is the same client who paused my contract and now convincing me on skype to sign a contract with him. I have worked with a lot of companies and have never seen such a bad contract T&C's. 


You don't need to sign a seperate contract to work with a client on upwork, a contract is created by acceptance of an offer, it is implied.

End this nonsense, not worth your time. 

petra_r
Community Member


Atif A wrote:

.... and a 25 % security deposit of bonuses he will give me in a quarter. 


A what?


Petra R wrote:

Atif A wrote:

.... and a 25 % security deposit of bonuses he will give me in a quarter. 


A what?


The remaining 75% likely to be paid in crypto or shares in the company, or maybe in popsicles. 

What appealing me is that his double standards. In the first talk, he used to say we are a very professional company, and when he sent the agreement that was unprofessional even if he is professional, I won't risk my career for some hundred dollars. I asked him a questionnaire about clauses he put in agreement and did not bother to answer in fact he said I can't work you, your questions are too complicated. 

 

A guy like me who has spent half of his life building his profile can't just close down the accounts for such an unfair and unprofessional employer. I said no one is going to work with you on long terms with such contract and his reply was 

" Let me know the next American company that offers you such a long term deal. "

 

He was recruiting more than 5 applicants for multiple positions and I am sure he will exploit them as well some may go with his terms some may not. But, I refused to work and closed the contract. 

 

I can't mention his name here, he is a famous guy in his town in Florida.  

The funny part is, even the money transfer fee will be deducted from salary. The guy did his best in agreement to suck the blood out of the employee and who knows after two years he would sue and get double the money from his employee which he earned! 

cb7aa326
Community Member

They mentioned in the contract that in every quarter at least 20 % of salary bonus will be given but in the first four months, 25 % of that bonus will be kept as a security deposit. No bonus in first-quarter 🙂 

 


Atif A wrote:

They mentioned in the contract that in every quarter at least 20 % of salary bonus will be given but in the first four months, 25 % of that bonus will be kept as a security deposit. No bonus in first-quarter 🙂 

 


You need to let this go. Stop worrying about it. Block him. End the contract. Nothing good will come of it. 

re: "They mentioned in the contract that in every quarter at least 20 % of salary bonus will be given but in the first four months, 25 % of that bonus will be kept as a security deposit. No bonus in first-quarter"

 

Atif, that's all very silly and you know it.

 

I would trust a client more if she told me that she will create a magical gingerbread charm that will protect me from zombies.

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