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ebc652de
Community Member

First Active Proposal: Who Should Prepare the Contract?

I have one (1) active proposal pending. The client and I has discussed the terms, and he sent me a pdf of a Statement Of Work, listed there is a guideline of the tasks I have to do and the hourly pay I should get.

First question: Is this the official contract?

Second question: As a freelancer, should I be the one to prepare the contract, now that I have an idea of the guidelines of the job?

 

Third question: Shouldn't the client be the one to send the contract? I have read here, that they do, and then I would have to approve or decline. If so, is it okay to ask the client to first provide and send me the official contract?

Thanks, I hope someone can help. I am really confused, and there's no direct answer on the available articles.

ACCEPTED SOLUTION
prestonhunter
Community Member

re: "I have one (1) active proposal pending. The client and I has discussed the terms, and he sent me a pdf of a Statement Of Work, listed there is a guideline of the tasks I have to do and the hourly pay I should get. First question: Is this the official contract?"

 

Is that the official contract?

No.

It doesn't mean anything.

It's just a PDF file.

 

The official contract is created when the client clicks the "Hire" button, which causes a message to be sent to you. Then you click the "Accept" button. Then an Upwork contract is in place.

 

You can see the official contract by going here:

Upwork -> My Jobs -> My Jobs

 

THAT is the official contract.

 

=======

re: "Second question: As a freelancer, should I be the one to prepare the contract, now that I have an idea of the guidelines of the job?"

 

As an advanced freelancer, I usually write the contract.

 

And then I send that to the client, who copies and pastes the contract language into the job posting.

 

Less advanced freelancers are less likely to write their own contracts.

 

But this is really talking about FIXED-PRICE contracts.

 

For hourly contracts, I don't care very much. I don't write anything for the client to copy and paste for hourly contracts. The less said the better. An hourly contract means: "The client will ask me to do stuff, and I'll bill time while I do it." There doesn't need to be a task description. It's better to NOT have a task description or statement of work or guideline of the tasks.

 

========

re: "Third question: Shouldn't the client be the one to send the contract? I have read here, that they do, and then I would have to approve or decline. If so, is it okay to ask the client to first provide and send me the official contract?"

 

Yes.

The client MUST be the person to send the "Hire" offer.

The client clicks the "Hire" button.

 

But it is possible for a freelancer to send the client the wording to use in creating a contract.

View solution in original post

7 REPLIES 7
prestonhunter
Community Member

re: "I have one (1) active proposal pending. The client and I has discussed the terms, and he sent me a pdf of a Statement Of Work, listed there is a guideline of the tasks I have to do and the hourly pay I should get. First question: Is this the official contract?"

 

Is that the official contract?

No.

It doesn't mean anything.

It's just a PDF file.

 

The official contract is created when the client clicks the "Hire" button, which causes a message to be sent to you. Then you click the "Accept" button. Then an Upwork contract is in place.

 

You can see the official contract by going here:

Upwork -> My Jobs -> My Jobs

 

THAT is the official contract.

 

=======

re: "Second question: As a freelancer, should I be the one to prepare the contract, now that I have an idea of the guidelines of the job?"

 

As an advanced freelancer, I usually write the contract.

 

And then I send that to the client, who copies and pastes the contract language into the job posting.

 

Less advanced freelancers are less likely to write their own contracts.

 

But this is really talking about FIXED-PRICE contracts.

 

For hourly contracts, I don't care very much. I don't write anything for the client to copy and paste for hourly contracts. The less said the better. An hourly contract means: "The client will ask me to do stuff, and I'll bill time while I do it." There doesn't need to be a task description. It's better to NOT have a task description or statement of work or guideline of the tasks.

 

========

re: "Third question: Shouldn't the client be the one to send the contract? I have read here, that they do, and then I would have to approve or decline. If so, is it okay to ask the client to first provide and send me the official contract?"

 

Yes.

The client MUST be the person to send the "Hire" offer.

The client clicks the "Hire" button.

 

But it is possible for a freelancer to send the client the wording to use in creating a contract.

Do you write the contract on 'Direct Contracts' to be sent to the client's email address? 

re: "Do you write the contract on 'Direct Contracts' to be sent to the client's email address?"

 

No.

 

I am not talking about "Direct Contracts."

 

I am talking about regular Upwork contracts.

 

I write out the task description and send it to the client in the Messages tool.

No email.

 

If you are asking about Direct Contracts, you need to specify that.

That isn't the regular Upwork contract type.

Thanks, all questions are answered. I am fairly confused between the added term 'Direct Contract'. But definitely, this helped. Thanks very much, Preston.

For "Direct Contract," read here:

https://support.upwork.com/hc/en-us/articles/360025040794-Direct-Contracts-with-Clients

 

This is a very new feature.

Most freelancers and clients on Upwork have never used this functionality.

AveryO
Community Manager
Community Manager

Hi Pau, 


Welcome to Upwork! 

To add to what Preston has shared, as an independent professional who owns your freelancing business, you can guide the client on how the project should move forward. They hired you because they know you can help them with their project, so don't hesitate to steer the wheel - at the end of the day, this is a business relationship. 

You may want to check out these excellent guides and the resources we compiled here to help you get started on Upwork. 

Just a gentle reminder, it's always best to use a headshot style photo of yourself on your profile photo where your face is seen. This article has tips on how to choose the best picture for your profile. 

Good luck!


~ Avery
Upwork
martina_plaschka
Community Member

There are no contracts prepared, sent, or signed. Accepting an offer equals a contract. 

There is something wrong with your profile picture, you need to fix that. 

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