I require an NDA with the user and not their agent. So a home address is required at all times.
If you use Upwork's NDA, what use will that be without your Upwork account being active or if Upwork is taken over or discontinued?
With regards to NDA's. If in the US I would suggest getting a PO Box and I am sure there are equivalents in other countries. Being asked for an address is not inappropriate in context with an NDA. Outside of an NDA, it is not clear to me why a client would need such information. Sometimes they may ask because they don't understand how UW works and they think they need it for tax reasons. They are wrong. Other times it is for more nefarious purposes. Of course they are wrong there as well. Lastly, don't think of folks hiring you here as your "employer". They are your client.
William K wrote:
Why would anyone accept an NDA citing a PO Box?
A summons would not be duly served on a PO Box.
I have used a PO Box with hundreds of NDA's from individuals to large companies. Never once has it been refused. Of course it can be refused like any point within the NDA itself. If so either party is free to walk away.
Actually I feel like I should give a larger answer to the NDA address item William mentions. That is why a real address may not be demanded.
1/ The majority of users of Upwork aren't legal folks and only look for an NDA because they understand that to be the professional thing to do. They resource the NDA from a Google search and are happy if the freelancer signs it. The rest is just legalese.
2/ Some work at larger companies but legal isn't reviewing the NDA. They are only stipulating that an NDA be signed. Many times that signed NDA sits on the computer of the hiring person and never even makes it officially to legal. The hiring manager did their job and got the NDA signed.
3/ A very high percentage of NDA's don't ask for physical address. Therefore those that do are less concerned with the address type itself.
In sum, the NDA is largely seen as a perfunctory step of doing business and is not looked at closely unless a language change is asked for.
I don't like what Scott is proposing at all.
Perhaps the "hundreds of NDA signings" are not important and a standard procedure with employees who live nearby, but here on Upwork we are dealing with individuals from the other side of the world where we may be entrusting strangers with intellectual property and source code that may have taken many years and a million dollars to create.
If that source is redistributed, plagiarised or sold on then you will be wanting to sue... good luck in enforcing that through PO Box, and good luck in following through when Upwork cancels your account after you threaten to sue them when you find out that their NDA has not provided the protection that you needed.
If you sign an NDA with my team it will be a legally binding agreement worded by us and witnessed. You will be required to provide a home address and proof of identity such as a photo of your passport.
Otherwise why bother?
As stated either side can walk away on any point. The person here asking is the freelancer not the client. I respect what you require of the NDA but freelancers should know that isn't the only option, and in at least my case, 100% of the time that's not been a problem. If it becomes one for a given client then each freelancer needs to weigh the risks on a contract by contract basis. My point to this freelancers is to default to the safest option which will work the vast majority of times. If it happens not to, as in your case, again they can make a decision about what to provide. No reason - from a freelancer point of view - to default to the least secure option when others are available.