what are the terms re: non-competition, prior clients, work elements shared,etc if exiting Upwork?

[b_scholler]

I am exploring the Freelancing service through this site. I can not find a clearly stated answer to satisfy my desire to understand Exit Terms if I were to Freelance and then decide it was not for me.

I also can not find a number to call to ask these questions.

Thanks for any directional guidance.

[BojanS]

Hi Barb,

Please be sure to review Upwork ToS before you start using Upwork. In addition to Upwork ToS, you may agree to some specific terms when you accept an offer from a client. You may discuss and negotiate those terms directly with your clients.

[b_scholler]

I have been browsing ToS and cannot find a section that directly addresses separation terms. Can you provide me a link?  Thanks for the quick response!

[petra_r · Accepted solution]

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@Barb S wrote:

I have been browsing ToS and cannot find a section that directly addresses separation terms.

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 Separation terms:

Close any contracts you may have and leave the platform.

You can not work with any client you connected with on the platform for 2 years off the platform from the moment you first found them on the platform.

See the user agreement, section 7

[b_scholler]

Ah, in User Agreement. Thank you, both, for your help.
Very Appreciated !

[prestonhunter]

re: "...desire to understand Exit Terms if I were to Freelance and then decide it was not for me."

Very simple.

If you don't want to freelance here, you don't have to.

Upwork absolutely does not want to make people keep using the platform if they don't want to use it. There is no subscription that you can't get out of. No long-term commitments.

As Petra pointed out, you simply can't take clients you met here and continue working with them off-platform.

[b_scholler]

'As Petra pointed out, you simply can't take clients you met here and continue working with them off-platform.'

Just to clarify, there has to be a two year period following first encounter? If I understand the ToS correctly, there is a two year window, after the time that you encounter a client here, during which you can not engage them outside of Upwork. Is that correct?

I am currently at the end of an non-competition agreement period from a previous job in the 3D world. Therefore, I am trying to clarify in order to avoid any similar circumstance in the unforeseeable future, wherever possible.

[prestonhunter]

re: "Just to clarify, there has to be a two year period following first encounter?"

That is correct.

After 2 years, there is no violation of Upwork ToS if you and the client work off of the Upwork platform.

As a practical matter, I think most of us don't care that much about trying to move off-platform after the 2 year period. The simplicity of continuing to use the Upwork platform outweighs the possible advantages relating to not paying Upwork fees. And after 2 years of working for the same client, we're probably at 10% or 5% anyway, instead of the initial 20% fee that is only in place for the first $500 earned with that client.