Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Location Work - Violation of Terms of Service or Not?

Highlighted
Active Member
Hannah C Member Since: Jan 3, 2017
11 of 31

She didn't realized she archived it. She wanted to hire me and couldn't see my proposal anymore even though we were chatting though Upwork.  I wanted to make sure I was officially hired before I did anything.  As soon as I gave her the info to reverse the archive, she hired me.

Highlighted
Community Guru
Claudia Z Member Since: Jul 28, 2015
12 of 31

@Hannah C wrote:

"1.2 USING THE SITE OTHER THAN FOR THE INTENDED PURPOSES

 


 "Advertising products or services that are outside or beyond the scope of the Upwork marketplace;"

 

 

User Agreement

 

4. PURPOSE OF THE SITE AND SITE SERVICES

The Site is a marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online.

Highlighted
Active Member
Hannah C Member Since: Jan 3, 2017
13 of 31

Also the scope is admin work, which is fully identified and catagorized on Upwork.

 

 

Yes, buy and sell.  Not perform.  The key aspect is the location of the work performed.  The work has been and will be bought and sold online.  The only thing I could find addressing location in the TOS was in section 10 which stated that Upwork does not control the location of the work.  

Highlighted
Community Guru
Claudia Z Member Since: Jul 28, 2015
14 of 31

@Hannah C wrote:

 

Yes, buy and sell.  Not perform.  The key aspect is the location of the work performed.  The work has been and will be bought and sold online.


 User agreement

 

23. DEFINITIONS

 

“Freelancer Services” means all services performed for or delivered to Clients by Freelancers.

Highlighted
Active Member
Hannah C Member Since: Jan 3, 2017
15 of 31

Yes, all services provided.  No location specified.

 

Highlighted
Community Guru
Claudia Z Member Since: Jul 28, 2015
16 of 31

@Hannah C wrote:

Yes, all services provided.  No location specified.

 


Because Upwork is a virtual workplace ... people "connect and collaborate remotely."

 

I suppose on-site location jobs are permitted only under the Payroll Employee Agreement. There's a mention about the work environment.

 

 

Highlighted
Community Guru
Corinne L Member Since: Jun 3, 2013
17 of 31

??? what do you mean, Claudia?

buy and sell freelancers services ONLINE

is not the same as

buy and sell ONLINE freelancers services

 

Highlighted
Community Guru
John K Member Since: Feb 17, 2015
18 of 31

As to this statement by Upwork staff that "client offered you to come to her office physically and this is a violation on Upwork", the rep's English skill could use improvement and maybe her understanding of the User Agreement is similarly deficient, because if the intent is to prevent money being passed under the table, so to speak, then prohibiting working at a client's location is rather ineffective, since nothing prevents the client & freelancer from meeting in a public location, like a cafe for instance, and exchanging payment that way.

__________________________________________________
"No good deed goes unpunished." -- Clare Boothe Luce
Highlighted
Active Member
Hannah C Member Since: Jan 3, 2017
19 of 31

And you don't have to meet to do that.

Highlighted
Community Guru
Scott E Member Since: Jul 26, 2015
20 of 31

@Claudia Z wrote:

@Hannah C wrote:

"1.2 USING THE SITE OTHER THAN FOR THE INTENDED PURPOSES

 


 "Advertising products or services that are outside or beyond the scope of the Upwork marketplace;"

 

 

User Agreement

 

4. PURPOSE OF THE SITE AND SITE SERVICES

The Site is a marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online.


I think you're misinterpreting it slightly, Claudia. It's on about services that are outside or beyond the 'scope' of the markeplace, not that are 'outside' the marketplace itself. Even if it were, it's purely relating to 'advertising' products and services here, not completion of the actual work. 

"Welcome, humans. I'm ready for you!"
- Box, Logan's Run (1976)