About Circumvention (click the link to learn about what it is, why it happens, & what to look for)
For any cases that need Messages call troubleshooting, see here.
In addition to Circumvention cases, the Circumvention Team also reviews issues around:
- Contact info sharing - when a FL or CL provides their own contact details on a profile or job post, or requests this info from others
- On-site Work - job posts where CLs are looking for FLs to work in person or for physical jobs not supported by Upwork
- Off-platform Solicitation - users who report that another user has reached out to them directly instead of submitting a proposal on their job post
For any of the above cases, escalate the ticket to “Circumvention” in Zendesk (or see ask-circ if a quicker response is needed) in cases where KBs provided are unable to help answer questions. This response can be used in escalation cases (editing as needed if it’s a follow-up/live chat or call):
Thanks for reaching out.
We wanted to let you know that we have received your message and are currently looking into this for you.
We’ll get back to you within 24-48 hours.
Thank you!
1 through 2 were announced in March 2020 and started officially in April 2020. 3 through 5 were announced in May 2020 and started officially in June 2020.
1. Conversion Fee
Previously referred to as “Opt Out process” this has been simplified and updated for our users as follows:
Marketplace customers who have identified (i.e. met) each other through Upwork and wish to work together directly outside of Upwork, may do so after payment of the Upwork Conversion Fee.
Two exceptions are provided:
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Relationships that started outside the platform, come onto Upwork, and are then taken back outside the platform are excluded. It does not violate the Upwork Terms of Service or require the Upwork Conversion Fee to move a relationship outside of Upwork if it was established before moving to Upwork.
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Relationships that have been maintained for at least two years on the platform may be taken outside of Upwork for a fee of $1 plus any applicable taxes. These relationships don’t need to be continuously active, and they are not limited by a certain quantity of projects. You can initiate this request from within Upwork’s platform by following the Conversion Fee steps.
The Upwork Conversion Fee is 13.5% of a freelancer’s estimated annual earnings. The hourly rate we use differs, depending on what type of contract the client and freelancer have been working on.
Conversion Fee = 13.5% of a freelancer’s hourly rate x 2,080 hours (52 wks x 40 hrs)
Hourly rate is:
- If hourly job, then we use the hourly rate from the contract between the FL and the specific client who wishes to convert them
- If fixed price job, use the FL profile rate
Check out the “Move Outside Upwork” drop-down below for the customer and CS process.
2. No Off-platform Unsolicited Contact
Users may not use information obtained through the Upwork platform to contact other users outside the Upwork platform.
User Process: Users who wish to report this behavior may do so through user flags or through submitting this form.
Internal CS Process: If any reports are made, inform the user that they will be directed to the appropriate team, and send the ticket to the Circumvention queue in ZD. T&S will handle the matter from there.
T&S Enforcement: Users who violate may be subject to temporary or permanent suspension of their accounts.
3. Professionals and clients may not request or share any contact information before a contract is started
Before a contract has started, professionals and clients won’t be able to ask for or share contact information with each other that would allow them to make contact outside of Upwork. This includes requesting or providing contact details in a profile, job post, proposal, invite, or message, which is an expansion from the current restriction on contact information that was limited to just profiles and job postings.
This change also provides more clarity on what constitutes contact information, which will include but not be limited to:
- Phone number
- Email address
- Physical address
- Link to a contact form or form requesting contact information
- Link to an applicant management system or means to submit a proposal or application outside of Upwork
- Any information that would enable contact through social media, other website, platform, or application (i.e. Skype or WhatsApp IDs)
Internal CS Process: If any questions or inquiries are made, use the FAQs / Community post to assist. If these resources can’t answer their questions, inform the user that they will be directed to the appropriate team, and send the ticket to the Circumvention queue in ZD.
4. Users must conduct all pre-contract conversations (aka interviews) through the Upwork platform
As professionals and clients meet and engage on Upwork, they will need to maintain their communications - whether messages, phone, or video calls - through the Upwork platform until a contract has started.
Internal CS Process: If any questions or inquiries are made, use the FAQs / Community post to assist. If these resources can’t answer their questions, inform the user that they will be directed to the appropriate team, and send the ticket to the Circumvention queue in ZD.
5. Exception
Our larger business partners often have specific requirements and business needs that make it more difficult to use our communications exclusively. Clients who utilize Upwork Business and Enterprise solutions are permitted to request and share contact information, as well as conduct interviews or pre-contract communications, outside of Upwork. This exception extends to professionals’ communications with an Upwork Business or Enterprise client.
If a client, instruct the customer to click the “Move Outside of Upwork” button in their contract room. See instructions below.
Clients typically initiate this process.
To pay the Conversion Fee and take their relationship outside Upwork, the client may follow these steps:
- Go to Jobs > All Contracts
- Choose a specific contract under All contracts and select the (…) menu
- Select the "Move Outside Upwork" button to start the conversion process
- Follow the steps outlined and send the conversion request. The other party will be notified and must accept the request. We’ll then process the payment and you’ll be approved to take your work relationship out of Upwork.
More information for customers can be found on these Help Center articles:
Note: Business/Enterprise users fall under different contracts and are subject to different fees. Each Business/Enterprise client must be evaluated individually. For any related requests, CS should advise customers to contact their Account Manager for any conversion-related inquiries.
CS Process: Check out the FAQs below for any inquiries the customer may have. For questions not answered by the FAQs, please approach your team lead, TL can then use the Slack channel: ask-full-time
[Internal only] What is the Conversion Fee and what’s new?
The Conversion Fee is a fee that must be paid if a client and freelancer want to take their work off Upwork. The newest change is that we’ll be applying a discount on the Conversion Fee. This discount is calculated as a percentage of the total Marketplace Fees that client has paid to Upwork in the previous twelve months on marketplace contracts between the client and the freelancer. The discount won’t make the final Conversion Fee price drop below $1,000. This discount is different for each conversion and user, so the language is purposefully vague. Ask users to start the conversion process to determine their discount.
[June 2022] We changed the Conversion Fee to be more specific to each client-freelancer working relationship. Instead of 12% of a freelancer’s earnings in general, we now use 13.5% of each specific contract in the calculation.
The fee does not need to be paid if the client and freelancer worked together before Upwork. Relationships that have been maintained for at least two years on the platform may be taken outside of Upwork for a fee of $1 plus any applicable taxes. These relationships don’t need to be continuously active, and they are not limited by a certain quantity of projects. You can initiate this request from within Upwork’s platform by following the steps outlined below.
[Internal only] Why did the price of the Conversion Fee increase?
We’ve recently changed the Conversion Fee to be more specific to each client-freelancer working relationship. Instead of 12% of a freelancer’s earnings in general, we now use 13.5% of each specific contract in the calculation. This change puts your working relationship at the center instead of accounting for possibly unrelated work. The Conversion Fee is part of what makes Upwork a safe and reliable place to work.
[Internal only] Is this different from the Opt-Out Fee?
We’ve changed the name of the “Opt-Out Fee” to “Conversion Fee” and also changed how we calculate it. The Conversion Fee is 13.5% of estimated freelancer earnings from the specific client.
If you agree to pay the Conversion Fee, you can move your relationship, and payments, outside of Upwork without violating our Terms of Service (TOS). This way, you don’t have to worry about having your Upwork account permanently suspended and can use Upwork for future projects.
[Internal only] What happens if the client and freelancer have worked together on hourly and fixed-price projects?
We will use whichever number is higher, their highest hourly rate with the client or the rate listed on the freelancer’s profile.
[Internal only] For the exceptions to the circumvention rule, do users need to follow the steps and fill out the form?
Users who had an established working relationship before working together on Upwork may take their relationship back off the platform without submitting the form on our platform. Users who have worked together for 2 years or more must still follow the steps, fill out the form, be approved and pay the $1 USD fee plus any applicable taxes.
What’s the Conversion Fee?
When you use Upwork to find a freelancer, we require you to use the Upwork platform to pay that freelancer for any work they complete for you for the following two years. This enables us to be able to continue to provide this service to clients and freelancers. However, since we know at times our customers prefer to take their relationships off Upwork, we have offered the option of a Conversion Fee.
By paying the Conversion Fee, you can move your payments outside of Upwork without violating our Terms of Service (TOS). This way, you don’t have to worry about having your Upwork account permanently suspended and can continue to use it for other existing and future projects. To learn more about the Conversion Fee, click here.
How do I pay the Conversion Fee to take my project off-platform?
Clients typically initiate this process. To pay the Conversion Fee and take your relationship outside Upwork:
- Go to My Jobs > All Contracts
- Choose a specific contract under All contracts and select the (…) menu
- Select the Move Outside Upwork button to start the conversion process
- Follow the steps outlined and send the conversion request. The other party will be notified and must accept the request. We’ll then process the payment and you’ll be approved to take your work relationship out of Upwork.
Why do you use 2,080 hours as the baseline for your calculations?
2,080 is the amount of hours most people work in a year. 52 weeks in a year multiplied by the standard 40-hour work week equals 2,080.
Do I have to pay the Conversion Fee all at once?
Yes, the fee must be paid in full, with one billing method.
What do I lose by taking my contract off Upwork?
When you pay the Conversion Fee and move your relationship outside of Upwork, we will no longer be able to offer any support for that relationship, including customer service, payment protection, dispute resolution services, and other valuable tools. Any issues that arise with payments, communications, deadlines, and so on, must be resolved without our assistance.
Why shouldn’t I just take my freelancer/client off Upwork without paying the Conversion Fee?
Taking a freelancer/client relationship and making payments off of Upwork (technically called “circumvention”) is against our Terms of Service, which all users, client and freelancer alike, agree to follow when they join Upwork. Taking a relationship outside of Upwork without paying the fee puts both the client and freelancer at risk of having their Upwork account permanently suspended, meaning they can no longer use Upwork at all. By paying the Conversion Fee, you can take the relationship and payments outside of Upwork and still stay in good standing on Upwork.
Requiring a conversion fee also helps protect independent talent from being pressured to move off of Upwork by clients who may be trying to avoid the payment protections and dispute services that we offer. The conversion fee demonstrates that the client is willing and able to pay a freelancer. This protection for freelancers is part of what makes Upwork a safe and reliable place to work. That security is part of what draws quality independent talent to our platform.
I heard there were changes to the Terms of Service; what were those?
We’ve recently made new updates to our Terms of Service that impacts users who may want to take their relationship outside of Upwork. The Conversion Fee is now 13.5% of estimated 12 month earnings and calculated differently for hourly and fixed-price projects. The Conversion Fee was formerly called the “Opt-Out Fee.”
Are there exceptions to the Conversion Fee?
The Conversion Fee impacts any Upwork users who have met through Upwork’s platform and want to work together outside of the platform. To take a relationship and all payments outside of Upwork, users must pay the Upwork Conversion Fee.
There are two exceptions to the policy:
- Relationships that started outside the platform, come onto Upwork, and are then taken back outside the platform are excluded. It does not violate the Upwork Terms of Service or require the Upwork Conversion Fee to move a relationship outside of Upwork if it was established before moving to Upwork.
- Relationships that have been maintained for at least two years on the platform may be taken outside of Upwork for a fee of $1 plus any applicable taxes. These relationships don’t need to be continuously active, and they are not limited by a certain quantity of projects.You can initiate this request from within Upwork’s platform by following the Conversion Fee steps.
Who pays the Upwork Conversion Fee?
Either the client or freelancer can pay the fee. Although, only one user can pay the fee to Upwork. The client and freelancer must agree who is to pay the Conversion Fee to Upwork. If they would like to share in the cost, they can arrange that between themselves.
What’s the price of the Conversion Fee?
When you use Upwork to find a freelancer, we require you to use the Upwork platform to pay that freelancer for any work they complete for you during the following two years. However, since we know at times our customers prefer to take their relationships off Upwork, we have a Conversion Fee. By paying the Conversion Fee you can move your payments outside of Upwork without violating our Terms of Service (TOS). This way, you don’t have to worry about having your Upwork account permanently suspended and can continue to use it for other existing projects and future ones. The Conversion Fee is 13.5% of estimated earnings over a 12-month period in each specific client-freelancer relationship. To help you transition off Upwork, we will apply a discount on the Conversion Fee. This discount is calculated as a percentage of the total Marketplace Fees that client has paid to Upwork in the previous twelve months on marketplace contracts between the client and the freelancer. The discount won’t make the final Conversion Fee price drop below $1,000. Learn more here.
I heard there were changes to the Terms of Service; what were those?
We’ve recently made new updates to our Terms of Service that impacts users who may want to take their relationship outside of Upwork. The Conversion Fee is now 13.5% of estimated 12 month earnings and calculated differently for hourly and fixed-price projects. The Conversion Fee was formerly called the “Opt-Out Fee.”
What do I lose by taking my contract off Upwork?
When your relationship is taken outside of Upwork, we will no longer be able to offer any support, including customer service, payment protection, dispute resolution services, etc. You will be responsible for resolving any issues that arise with payments, quality of work, deadlines, etc., without our assistance.
If I qualify for an exception to the Upwork Circumvention Policy and want to get paid directly, what should I do?
Besides paying the Opt-Out Fee, there are two exceptions to the Upwork Circumvention Policy:
- Relationships that started outside the platform, are brought onto Upwork, and are then taken back outside the platform. These include existing partnerships or business relationships that may have added Upwork services at a later time, participants in Bring Your Own or Direct Contracts, and similar situations.
- Relationships that have been maintained for at least two years on the platform may be taken outside of Upwork for a fee of $1 plus any applicable taxes. These relationships don’t need to be continuously active, and they are not limited by a certain quantity of projects.You can initiate this request from within Upwork’s platform by following the Conversion Fee steps.
How does the Conversion Fee work?
In general, the Upwork Conversion Fee is 13.5% of a freelancer’s estimated annual earnings. Our team will calculate the fee for you and answer any questions so you can determine the best option for you.
How do I pay the Conversion Fee to take my project outside of Upwork?
Clients typically initiate this process. To pay the Conversion Fee and take your relationship outside Upwork, your client will need to:
- Go to Jobs > All Contracts
- Choose a specific contract under All contracts and select the (…) menu
- Select the Move Outside Upwork button to start the conversion process
Follow the steps outlined and send the conversion request. The other party will be notified and must accept the request. We’ll then process the payment and you’ll be approved to take your work relationship out of Upwork.
Feedback on the Circumvention Listener-If you’re hearing from our customers about this feature, you can submit their feedback here
In order to ensure that our policies are clear and the severity of circumvention is understood, we don’t allow the sharing of personal contact information before a hire is made. The listener plays a role in creating awareness of this policy, and in letting Upwork track when users are encountering the messaging showcased to them.
The messaging and UI goals of the Circumvention Listener v3 are the following:
- Present stronger wording about keeping conversations on the platform, in a way that allows us to enforce the change in our terms of service prohibiting the exchange of PII before a hire is made
- Present a broader set of reasons not to circumvent. i.e. the current wording speaks to the value Upwork provides to de-incentivize disintermediation. V3 aims to also inform the user of security risks when taking communications off-platform (e.g. scam, malware, etc.)
This is for all registered Upwork users except the Enterprise segment.
User Experience:
Here’s an example of the UX for users allocated to the Acknowledgement cell. This UX applies to all pages, except for Dash.
On the job post page, the alert is shown if a circumvention keyword is detected. The user is able to proceed with creating the job post without removing the keyword.
If the user is allocated the Enforcement cell on the job post page, the user is not able to proceed with the job post until one of the following actions occurs:
- The user clicks on the CTA to remove the keyword
- The user clicks on a link indicating that the circumvention keyword is not used for contact (or payment) purposes
In Dash, users can trigger the Circumvention Listening while writing messages. Once the keyword is typed into the composer, it will be detected and a popup.
If the keyword is sent by users in the Acknowledgement or Enforcement cell, a warning message from Upwork will be shown to all room participants letting them know that paying and communicating outside of Upwork is against ToS. Since the communication related keywords apply to pre-hire only, no warning for communication keywords will be shown in case of a prior Upwork contract between users in the dash room. Any warning should be sent only once every 24 hours per room for the keyword type.