OT: NDA as a Contracted Developer

[Jose Lerebours]

Howdy!

I just told a prospective customer to take a hike because he expected me 
to sign an NDA - I really do not have issues with NDA and have signed a 
few over the years but this guy was looking to put me in a headlock and 
permanent "screwed mode".

Well, at least that is the way I interpreted the wording on the NDA he 
sent me.  Things like:

- I could not engage business activity with nor use as service providers 
anyone they do business with (well, would this mean that I would have to 
drop, say, my web service provider, my accounts with AWS, Twilio, 
MailChimp, GMail, and others we both commonly use?)

- Could not work for, directly nor indirectly with anyone they do 
business with nor anyone any of their affiliates does business with ... 
and so on and so forth ... (Well, wouldn't this mean that if he can 
identify anyone entity, however remote from his primary business, is 
directly or indirectly linked to any of his customers or affiliates, I 
could not do business with that party?)

There are clauses talking about not using computer, software or 
technology employed by them - hell, if I could not use "computer" or 
"related technologies" what will I do for a living then?

The first sign that the NDA was not going to get signed was it being 
about 8 pages long, NDA are normally 1 or 2 page long ... the guy did 
not even bothered to narrowed down to his specific industry (Medical 
Insurance Underwriters) as I suggested - I asked him to revise it, he 
sent a draft of how he would change it and then ends up sending the same 
thing in different order.  lol

How often do you walk away from a prospective customer on the basis of 
their stupid NDA?

I cannot imagine anyone here asking someone like Mark or Richard or 
Nancy to sign an NDA and request that they do not write 
fp/perl/Python/.NET code because that is what they use as a development 
platform.


I even went as far as to tell them that they were asking for my service 
not because they had something to teach me, but because I had the skills 
they needed!

I am not going to lie, this was $1K/month (easy money) account to do 
little work here and there but the "strings" as specified on the NDA 
were, in my opinion, a bit much.

Am I reading too much into an NDA?



-- 
Jose Lerebours
(954) 559-7186
https://www.asisuites.com 	http://www.shipsuites.com 
https://www.cargosaas.com 	https://www.helpsuites.com
ASI Suites 	Ship Suites 	CargoSaaS 	Help Suites
A robust, scalable & fully integrated application suitable for the most 
demanding business environment! 	A load board designed to give you the 
flexibility to manage traffic from/to your warehouse.

B2B UX/UI to allow your trucking partners pick the day and time they are 
coming in thus preventing backlog in your yard.

	TMS SaaS aimed to transform the way you do Transportation.

Designed with 3PL and Brokers in mind, this application has it all, from 
RFQ to POD.

Need someone to handle your shipping? Give us a call, we offer very 
competitive rates!

	A friendly way to manage open & closed issues or requests for assistance.

WANTED! If you are looking for ready to roll out web based application, 
give us a call and lets talk about great business opportunity with no 
out of pocket investment.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.celestial.com/pipermail/filepro-list/attachments/20210913/bb8140ce/attachment.html>