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I do not have any advice for you.
I have advice for the client:
I know you didn't write this. It's just something you downloaded off the Internet. But you need to understand that you're hurting your project with this. This is longer and more intrusive than a standard NDA. It doesn't provide you or your project any real protection. You are just chasing away the best freelancers with this. Most of the people who will put up with this are NOT the best freelancers. A lot of the ones who are signing it have not read it and don't care what it says. So you are actually undermining your project without gaining anything. Your project would be more successful if you did not use any NDA at all but instead focused on thoughtful hiring and project management."
Veever, the whole clause doesn't make much sense and doesn't seem to have any practical implications. Or it might. I'm not a lawyer. Anyway, many new clients have no idea about how Upwork works and how to hire, so they send strange contracts that can even be in conflict with the normal deal and ToS.
All this one does, as Preston pointed out, is repel experienced freelancers from considering the deal.
What you need to do is nothing. Let the client be. Just don't accept the offer. Do you even need to reply, really?
The reason being, you're new here so it is very important to get the next project going right. Clearly, this client has no clue about how to use Upwork correctly and I'd even doubt other capabilities. (I have a virtual box for dumping offers of this kind... it's labeled Disaster Guys.)
If you want to make sure you do not cross paths again with any client on this platform, you can press the Block button.
I had similar concerns with one client this year. The guy turned out to be super good but just new to Upwork, and we did one of the best projects ever (collaborative patenting-related thing)! But I had to calculate the odds and impact if things went bad and thought that with the profile I have even a complete disaster wouldn't affect me very much. I could afford the risk. But the situation is a lot riskier for new freelancers whose good start over here could be killed by one unfortunate mix-up.
So, you've already done well in instructing the client about how the contracts work here. And now you don't really need to do anything. Why risk it? Focus on better opportunities, there'll be plenty of them.
All the best! 👍
I appreciate and agree with Christine's post.
I don't want this to seem like an anti-NDA thread.
I have signed many NDAs as part of Upwork contracts. They were not 9 pages long and didn't contain off-putting elements that have been pointed out as problematic by the various posts in this thread.
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