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I need an expert in contractual law (between companies) and…

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I need an expert in contractual law (between companies) and hiring - I need to understand whether we indeed violated the terms of service Agreement with one of the freelancer platforms.
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3/28/2018
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 63,573
Experience: Experienced lawyer
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what can I answer for you?
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Customer reply replied 4 months ago
I have signed up for ODesk in 2009, and later it was purchased by Upwork. I had an account as an employer and hired a couple of people there. I later created an individual account - I created a test account several years ago, somewhere around their acquisition. I did not use it much, it was under fictitious name. But lately I decided to use it both as an individual and as a company, so I upgraded my individual account and started creating profiles for the company together with my salesman. In order to understand how it all works, I - as a company- hired myself as an individual and went through the complete job lifecycle. I later started bidding on other projects. I already had two leads going when Upwork (upwork.com) has suspended my accounts on the premises that I violated their compliance policies. I have re-read the terms and conditions and another section in Help that says what constitutes for their company compliance policies, and never they mention that I can't hire myself as an individual as a corporation. What am I missing? How do I get myself reinstated? I understand that I might not have spent enough time on all the configurations, but I tried to do it by their rules.
Unless the Hire is specifically barred - which is unusual - it would be permitted.
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Customer reply replied 4 months ago
To maintain a safe and trusted marketplace for all, Upwork regularly conducts account reviews. Your account has recently been reviewed. In doing so we have concluded that you are self hiring (you are listed on both client and freelancer accounts) which is a violation of the terms of service you agreed to when you signed up for Upwork. Because this is a serious violation that is not allowed, your account has been suspended.If you have questions regarding this suspension please, don't hesitate to contact us by replying to this ticket.Regards,
Upwork Compliance Team=====================
ME:Dear Upwork Compliance Team, Catherine,We are your customers since ODesk - in general terms, we signed ODesk terms of service and not very familiar with your new terms of service.We have been passive on Upwork for several years and in general, wanted to restore to the active account status and understand how the payment happens.We did not realize it is against policies - and honestly, there is nothing unlawful in hiring our team member via the job board - at least we are not aware of it either in US or state law code.Let's to the following - you provide us with the terms of service as their now ( not those that we signed when we joined ODesk), you explain to us how we could utilize both accounts in a lawful and policy - compliant manner and we ask you to reinstate the account - if you want, we will remove the job and corresponding attributes. The company has been established a long time ago, has a long list of satisfied clients, the personnel we hired to test your services via you also has a stellar reputation - so we need to understand the reasons under your decision along we are hoping to resolve it with you successfully.
Sincerely, ***** ***** Staff.===================
Them: Catherine C Today at 13:16
Hello Yevgeniya:Thank you for reaching out to us regarding your account status.Unfortunately, we have reviewed your information and determined that we will not be reinstating your account. Your account was suspended due to self hiring. Specifically, you have created another account and hired yourself. Self hiring for any reason has remained, as always, a violation of our terms of service and is therefore not allowed.Again, I have reviewed all aspects of your account, and unfortunately, the serious nature of the violation in question leads to the decision to suspend your account. As this decision is final and will not be reversed, no response will be available on this ticket. We regret any inconvenience this may cause but wish you the best in your future work endeavors.Best Regards, *****============ME: Yevgeniya Mushkatblat Today at 13:37
Catherine, we just reviewed the Terms of Service. Please state which particular terms of service we broke. Here is the compliance provision in the terms of service: User will not violate any applicable foreign, federal, state, or local laws or third-party rights on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations, including, but not limited to, import and export control laws and third parties’ Intellectual Property Rights.We might not be familiar with all the terms and regulations and would like to make them work, please let us know how to do it without refering to www.jamsadr.com or***@******.***We take your terms very seriously and if you think that this is the only way, we will hire representation and go the legal route - or we can simply do whatever you require to fix the situation.Sincerely, ***** ***** Team.The terms of service say that if in 60 days we do not get an answer we write to their legal email, and only after that we can arbitrate.I called local brunch of arbitrators mentioned - they are not an arbitrators themselves, they have no idea what Upwork is and they are some provider of Services - they only have arbitrators at $500 an hour and up. I am not certain what to do here.
Customer reply replied 4 months ago
I never heard that hiring an individual from the company is illegal. I provided the company information as per State of Nevada registration where we are in good standing, via email but to no effect.
Customer reply replied 4 months ago
what shell I do to unsuspend? they are a good source of leads and I often hire via them so I am at loss.
I see no basis for the prohibition. A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
could you represent me? there might be needed details, I really do not know what we did illegal or against terms and condition. They are huge, but I want this resolved, not fought in courts.
Site rules don’t permit us. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Ok, I will try to do that, although it is a bit blurred for me - I will have to remember a lot of things. I appreciate your help.
Very welcome. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Infolawyer, Attorney
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