Who Prepares the Contract?

[e71cf63a]

I have a quick question - If I'm the freelancer, then don't I write up and propose the contract to the client? It sounds like the way UpWork works is that the client prepares the contract and sends it to the freelancer. Is this correct? And since it is assumed that we are freelancers, then we would be working as a contractor (using the 1099 as opposed to a paid employee w-2), correct? Unless otherwise stated in the contract that the client wants you to work as a paid employee?

Additionally, do you get paid hourly as a 1099 contractor (freelancer) by the client?

Thank your help with this! 

Shannon

[prestonhunter]

re: "If I'm the freelancer, then don't I write up and propose the contract to the client?"

That is what I do as a freelancer. Then I send it to the client, who copies and pastes it in order to create the Upwork contract.

[e71cf63a]

I was told that the client writes up and sends the contract to the freelancer (me)?? I'm confused as to what the process is here.

[andreag22]

Hi Shannon, 

I believe you are thinking about the contract in a more traditional way, it is not a written document you sign.

When we say the client needs to propose the contract it means they are the ones who need to click the "Hire Freelancer" button, this will take them to a form they need to fill with the terms of the contract, fees, due dates, milestones, max hours per week, depending on your agreement to work on a fixed price or hourly.

You should discuss these terms with your client beforehand and you can also just tell them the terms you require to do the job, this is part of your negotiation in messages and you choose how to handle this. This will become an offer which you will receive as a message, then you click "view details" and you can see the terms, you can either accept or propose new terms if something is wrong with the offer.

If you accept it becomes a contract and you will be able to find it under My Jobs.

About the taxes, I am not in the US so I have no clue, sorry.

Best of luck!

[martina_plaschka]

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Shannon V wrote:

I have a quick question - If I'm the freelancer, then don't I write up and propose the contract to the client? It sounds like the way UpWork works is that the client prepares the contract and sends it to the freelancer. Is this correct? And since it is assumed that we are freelancers, then we would be working as a contractor (using the 1099 as opposed to a paid employee w-2), correct? Unless otherwise stated in the contract that the client wants you to work as a paid employee?

Additionally, do you get paid hourly as a 1099 contractor (freelancer) by the client?

Thank your help with this! 

Shannon

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The contract you mean is created by you accepting an offer. Preston is usually helpful, but sometimes you need to ignore his advice. 

Re your profile: I would consider it bad form to use reviews not gained on this platform, it does not build trust. You could just be making them up. 

At this point it's a good idea to read up on all the helpful hints for newbies, plus stay clear of any unsolicited offers. Those are scammers.