Common use of Upgrading/Downgrading Clause in Contracts

Upgrading/Downgrading. In the event that Subscriber decides to Upgrade or Downgrade (as those terms are defined below), then, in addition to such other terms as the parties may need to agree to in connection with such Upgrade or Downgrade, Subscriber authorizes Upwork to migrate Freelancer contracts related to existing Engagements between service tiers by opening a new contract on the new service tier and then closing the old contract on the old service tier. If no end date is indicated on the old contract, the new contract will be established with a six month duration. In the event the old contract is either (i) a fixed price contract with no incomplete milestones or (ii) an hourly contract that has not had payments made under it over the past six months, then the old contract will only be closed on the old service tier and a new contract will not be entered into on the new service tier. Subscriber acknowledges that it will not be able to leave feedback for Freelancers for Engagements under contracts that are closed by Upwork pursuant to this provision. For the purposes of this provision, “Upgrade” means Subscriber’s election to utilize the Platform in a higher service tier and “Downgrade” means Subscriber’s election to utilize the Platform in a lower service tier.

Upgrading/Downgrading. In the event that If Subscriber decides to Upgrade or Downgrade (as those terms are defined below), then, in addition to such other terms as the parties may need to agree to in connection with such Upgrade or Downgrade, Subscriber authorizes and directs Upwork to migrate Freelancer contracts related to existing Engagements between service tiers by opening a new contract on the new service tier and then closing the old contract on the old service tier. If no end date is indicated on the old contract, the new contract will be established with a six six-month duration. In the event the old contract is either (i) a fixed price contract with no incomplete milestones or (ii) an hourly contract that has not had payments made under it over the past six months, then the old contract will only be closed on the old service tier and a new contract will not be entered into on the new service tier. Subscriber acknowledges that it will may not be able to leave feedback for Freelancers for Engagements under contracts that are closed by Upwork pursuant to this provision. For the purposes of this provision, “Upgrade” means Subscriber’s election to utilize the Platform in a higher service tier and “Downgrade” means Subscriber’s election to utilize the Platform in a lower service tier. For Downgrades from a Compliance product, when a Freelancer contract is opened in the lower service tier as described in this Section, the new contract will be set up with the same worker classification applied as it was under the Compliance product.

Upgrading/Downgrading. In the event that If Subscriber decides to Upgrade or Downgrade (as those terms are defined below), then, in addition to such other terms as the parties may need to agree to in connection with such Upgrade or Downgrade, Subscriber authorizes and directs Upwork to migrate Freelancer contracts related to existing Engagements between service tiers by opening a new contract on the new service tier and then closing the old contract on the old service tier. If no end date is indicated on the old contract, the new contract will be established with a six six-month duration. In the event the old contract is either (i) a fixed price contract with no incomplete milestones or (ii) an hourly contract that has not had payments made under it over the past six months, then the old contract will only be closed on the old service tier and a new contract will not be entered into on the new service tier. Subscriber acknowledges that it will may not be able to leave feedback for Freelancers for Engagements under contracts that are closed by Upwork pursuant to this provision. For the purposes of this provision, “Upgrade” means Subscriber’s election to utilize the Platform in a higher service tier and “Downgrade” means Subscriber’s election to utilize the Platform in a lower service tier.

Upgrading/Downgrading. In the event that If Subscriber decides to Upgrade or Downgrade (as those terms are defined below), then, in addition to such other terms as the parties may need to agree to in connection with such Upgrade or Downgrade, Subscriber authorizes and directs Upwork to migrate Freelancer contracts related to existing Engagements between service tiers by opening a new contract on the new service tier and then closing the old contract on the old service tier. If no end date is indicated on the old contract, the new contract will be established with a six six-month duration. In the event the old contract is either (i) a fixed price contract with no incomplete milestones or (ii) an hourly contract that has not had payments made under it over the past six months, then the old contract will only be closed on the old service tier and a new contract will not be entered into on the new service tier. Subscriber acknowledges that it will may not be able to leave feedback for Freelancers for Engagements under contracts that are closed by Upwork pursuant to this provision. For the purposes of this provision, “Upgrade” means Subscriber’s election to utilize the Platform in a higher service tier and “Downgrade” means Subscriber’s election to utilize the Platform in a lower service tier.the