Reply
cancel
Showing results for 
Search instead for 
Did you mean: 
Reply

Implications of signing an NDA

hobilla
Ace Contributor
Yasir S Member Since: Mar 10, 2018
1 of 14

Iv been talking with a client for the past couple of weeks and today he offered me work for him after few phases of interview. He was telling me to provide him NAME, ADDRESS, and any PHOTO ID of me so he can craft a contract as well as an NDA.

The things i am having a little thoughts about are:

** I dont want to give out my address
** I am reluctant to share my photo ID

** As for the contract (not given to me yet, but he told me), I am not kind of okay with the clause that says i can't work with a competing company 2 years after I have officially stopped working for them

 

Can u guys give me workarounds, or any idea regarding the 3 points mentioned above?

e.g. The client is from Europe and Im from Asia. He is a startup and some info of his company can be found online but not much.

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
2 of 14

Walk away.

At best, the client is paranoid.

At worst, he is trying to steal your ID

 

Tell the client you are not willing to sign a non-compete clause and that Upwork has your ID and advises that this should not be shared with strangers on the Internet.

 

hobilla
Ace Contributor
Yasir S Member Since: Mar 10, 2018
3 of 14

Thanks Petra!

 

By the way here are some more details.

At Upwork, it says

  • "Member since: Jan 28, 2016"  
  • "Payment method notVerified", and
  • "3 jobs posted, 0% hire rate, 1 open job"

The payment is a little above average and I like the work he does and would really like to work on this project with him, given that, of course, all is good. We agreed upon a rate (but in his currency) but later on converted to USD and he agreed to pay via Upwork (im gonna work via Upwork). Is there any way I can ask him politely for the things im having trouble with? Or I should stay away?

 

petra_r
Community Guru
Petra R Member Since: Aug 3, 2011
4 of 14

Yasir S wrote:

Thanks Petra!

 

By the way here are some more details.

At Upwork, it says

  • "Member since: Jan 28, 2016"  
  • "Payment method notVerified", and
  • "3 jobs posted, 0% hire rate, 1 open job"

The payment is a little above average and I like the work he does and would really like to work on this project with him, given that, of course, all is good. We agreed upon a rate (but in his currency) but later on converted to USD and he agreed to pay via Upwork (im gonna work via Upwork). Is there any way I can ask him politely for the things im having trouble with? Or I should stay away?

 


Personally I would stay away.

I learned the hard way that when there are mountains of red flags waving at me, I am either about to regret working with a client or I am in Peking on Chinese National Day.

As it is not the latter, the former applies.

 

This is not "a client" - it's a chancer who is trying it on. In 3 years, no hire, probably loads of interviews.... Nope. *NO* amount of money would convince me to want to waste any time on a client like that.

 

tlbp
Community Guru
Tonya P Member Since: Nov 26, 2015
5 of 14

Weeks of interviews without any contract or job? Time to begin looking for a better opportunity. 

 

NDAs are common practice. Lawyers have a bad habit of trying to slip non-competes into these as well. My advice--never sign a non-compete. If they want you to not work for two years after the gig is over, tell them they can pay you that two year's salary. 

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 14

re: "Can u guys give me workarounds, or any idea regarding the 3 points mentioned above?"

 

When a freelancer is asked to sign an NDA, it is very rare that the person asking him to sign it actually wrote the NDA.

 

If you're looking for a workaround, take the NDA he sent you and modify it to fit your preferences. Remove the non-complete clause.

 

Send it back to him and tell you you modified it and ask if this version is okay.

 

He may GENUINELY NOT CARE, and accept your version.

 

The worst he can do is say no, that's not okay.

hobilla
Ace Contributor
Yasir S Member Since: Mar 10, 2018
7 of 14

Hello Preston

 

Instead of doing this, can I just say that "I am not okay with the non-competition clause"?

Also, honestly, since he's in Europe and I am from Asia, does the NDA hold any value?

And what do u think about his idea of "wanting a photo ID/national ID/social security etc."?

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
8 of 14

re: "Also, honestly, since he's in Europe and I am from Asia, does the NDA hold any value?"

 

In all honesty?

 

The NDA would be pretty much un-enforceable.

 

But it's still better to not sign NDAs that have stuff in them that you don't agree with.

hobilla
Ace Contributor
Yasir S Member Since: Mar 10, 2018
9 of 14

Well I am just talking with him now and told him directly that I don't want to provide any ID and don't want to be in non-compete clause. 

Let's see what he says.

kat303
Community Guru
Kathy T Member Since: Jul 17, 2015
10 of 14

Yasir - I have no problem with signing NDA's. and have signed a few. But I Never give out any othr personal information. Never bank account info, or passport or other ID. NEVER EVER my social security number, not even when filling out doctors forms. I leave that information blank. That information can be used for identity theft and if that happens, you're in for a nightmare. 

I'm also not keen on signing an agreement that has a non compliance clause. Whether or not it can be inforceable, even between 2 different countries, I just wouldn't want to be involved in any kind of mess should the client try to do something about it.

I have also heard of NDA's with clauses in it saying something to the effect, if you are 1 minute late from a deadline I have the right not to pay you for the job. I suggest that you read the NDA you have, and any clauses or text with anything you don't like, strike it out, indicate deleted and initial it. and send it back.

TOP SOLUTION AUTHORS
TOP KUDOED MEMBERS