Capitalized terms are defined throughout this Agreement and in Section 23 (Definitions).YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 21.4 OF THIS AGREEMENT.In the past, contract managers often kept all of the documents in physical file cabinets and maintained lists or spreadsheets of the entity's different agreements, with a few key terms and dates noted.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. In connection with the Terms of Service, you may be entitled to receive certain records from Upwork or our Affiliates, such as contracts, notices, and communications, in writing.
This no-changes policy applies to all contract documents, including, for example:• Proposal / Sales Quote T&Cs • Enterprise License Agreement. No shipping of orders without Legal approval if the customer does not sign the Sales Quote form.
If the customer doesn’t sign the Sales Quote, then any T&Cs in the customer’s purchase order might supersede the Company’s T&Cs — and might have little or no legal protection for the Company. All contract documents must be timely provided to Accounting — no exceptions.
The term “customer-provided documents” includes all those listed in the comment to # 1 above, including but not limited to RFP responses. No changes to the Company’s standard terms and conditions without prior approval from Legal.
This is an internal-controls requirement arising from the Sarbanes-Oxley Act; it helps keep the Company from incurring material obligations without management approval.