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NDA (Non-Disclosure Agreement)


ka5hif
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How much is the job worth? Typically, if this is for a $5 gig, the buyer likely just wants you to sign an NDA to massage their ego.

NDAs are only worth signing when a job cost exceeds $100 or more. You also need to read the small print. The last buyer who tried to get me to sign an NDA had a clause in it that at any time they could reverse payment and I would have no right to assert rights over delivered work.

The easiest thing to do is gently let your buyer know that if they want you to sign and NDA, you will first need to get approval from Fiverr - and that could take time. In the meantime, it is worth them considering that Fiverr TOS states that all work belongs to them on delivery and in practical terms, an NDA isn’t enforceable anyway.

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Yes, tell them you need to get Fiverr’s permission for that, and tell them you’re not allowed to share any info about your projects and buyers anyway due to Fiverr’s Terms of Service (maybe copy/paste them the respective passage with the link to Fiverr’s ToS), so there’s no actual need of an NDA.

The last buyer who asked me for an NDA then was happy enough with me putting my Fiverr username on it, which apparently was enough to tick off the NDA box on their company’s procedure list, and I got the job, so they were happy, I was happy, Fiverr was happy (I assume), everyone was happy. :woman_shrugging:

If they still insist on an actual NDA with you signing with your actual full name, perhaps address and whatnot, I’d definitely ask support first, just to have it “black on white” that it’s okay. That is, if you want to sign the NDA.

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I get requests for NDAs all the time.

Usually from app developers that fear I will steal their amazing idea for a new Facebook meets instagram but with a buzzfeed twist.

I respectfully decline NDAs when we are talking about any project under $800-$1,000.

I always open dialogue with them first, asking why is an NDA necessary. Most of them agree that it turns out they don’t need it.

Fun fact: none of my 4 or 5 figure projects (via my pro gig) requested an NDA. 🙂

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I get requests for NDAs all the time.

Usually from app developers that fear I will steal their amazing idea for a new Facebook meets instagram but with a buzzfeed twist.

I respectfully decline NDAs when we are talking about any project under $800-$1,000.

I always open dialogue with them first, asking why is an NDA necessary. Most of them agree that it turns out they don’t need it.

Fun fact: none of my 4 or 5 figure projects (via my pro gig) requested an NDA. 🙂

Usually from app developers that fear I will steal their amazing idea for a new Facebook meets instagram but with a buzzfeed twist.

I love it when people have a brilliant new idea and are afraid someone will steal it, because their dreams of success and riches almost never materialize from the idea. I can understand how they would think that way but on the other hand also can imagine the idea is not really as great as they imagine, aside from the fact that most people they hire aren’t inclined to steal ideas due to not having that interest.

I wonder if fiverr’s CEO had an NDA when he hired someone to make fiverr. He probably did. How would you vette someone reliable to make a site like fiverr?

Look what happened to the guys who had the idea for facebook?

After facebook became popular they did sue and win a few million dollars but they had the idea stolen by the developer they hired.

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This is where this platform’s restrictions on communication and personal information disclosure come in handy. You just say: “Sorry, not possible, fiverr doesn’t want you to know my legal name and whatever else you might need for an NDA”. And move on.

You don’t want to read through pages upon pages of legal stuff that is not in your native language. You don’t want to expose yourself to a potential headache when your buyer’s third cousin does steal and resell the ingenious idea of a multi-functional hairbrush and they’ll try to blame you for the leak.

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This is where this platform’s restrictions on communication and personal information disclosure come in handy. You just say: “Sorry, not possible, fiverr doesn’t want you to know my legal name and whatever else you might need for an NDA”. And move on.

You don’t want to read through pages upon pages of legal stuff that is not in your native language. You don’t want to expose yourself to a potential headache when your buyer’s third cousin does steal and resell the ingenious idea of a multi-functional hairbrush and they’ll try to blame you for the leak.

I decided that I don’t want NDAs at all.

They are on the edge of TOS and usually requested by people with low budgets.

Once I was offered to sign an NDA in French without any translation.

“Sorry, not possible, fiverr doesn’t want you to know my legal name and whatever else you might need for an NDA”. And move on.

Some of them can’t accept the rejection 😁

2019-12-05_19-46-45.png.95c9fe4aa938adda693877a8af0b81c6.png

Probably, I could start producing aroma candles after getting their order 😁

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I decided that I don’t want NDAs at all.

They are on the edge of TOS and usually requested by people with low budgets.

Once I was offered to sign an NDA in French without any translation.

“Sorry, not possible, fiverr doesn’t want you to know my legal name and whatever else you might need for an NDA”. And move on.

Some of them can’t accept the rejection 😁

2019-12-05_19-46-45

Probably, I could start producing aroma candles after getting their order 😁

I love it when they start to explain to me what is “standard” “in the world” and what isn’t. 🙂

Like, sure, let me just go on and break one of the most fundamental rules of the platform I work on over a single budget project I might not even enjoy getting involved with.

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  • 1 year later...

I think you have it all wrong folks. And to be honest, some of you sound a bit dismissive and arrogant.  I’ll explain starting with patent law.  One of the reasons product developers file provisional patents (patent pending)  is to give us a 1 year period where we can make design improvements for instance.  When we make a design improvements we can amend our provisional patent, thereby resetting that 1 year of protections starting date to the date the amendment was added. Legally speaking if someone makes a public disclosure of their patentable design or product, a one year clock starts ticking down. A public disclosure could be posting the idea on Facebook, selling the item/idea, hiring a fiverr freelancer to prepare some line drawings or 3D renders of the product or even a private discussion with a friend. 12 months after that public disclosure the idea becomes public domain, even if you have a provisional patent. The only way to avoid it becoming public domain would be to have an attorney file a full patent before that 12 months runs out, which costs anywhere from $2500-$25000, or by making the disclosure WITH AN NDA.  So let’s say I have an idea and I need some line drawings to file the provisional patent. So I hire a fiverr freelancer to make the line drawings that I will file with my provisional patent, but I don’t have them sign a NDA. Six months later I file a provisional patent.  Now my patent pending status is good for only six months. Also I now cannot refile improvements to my design and extend the patent pending end date, no matter what it’s one year from the public disclosure unless I pay loads of money for the full patent. But if I had the freelancer sign an NDA, I could refile provisionals until my design was solid, and the use the year of patent pending status to shop the idea around to companies, test it’s marketability ect before shellig out the big bucks for a full patent.

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  • 2 weeks later...
  • 2 months later...
On 10/6/2021 at 10:34 PM, jessebrennan789 said:

I think you have it all wrong folks. And to be honest, some of you sound a bit dismissive and arrogant.  I’ll explain starting with patent law.  One of the reasons product developers file provisional patents (patent pending)  is to give us a 1 year period where we can make design improvements for instance.  When we make a design improvements we can amend our provisional patent, thereby resetting that 1 year of protections starting date to the date the amendment was added. Legally speaking if someone makes a public disclosure of their patentable design or product, a one year clock starts ticking down. A public disclosure could be posting the idea on Facebook, selling the item/idea, hiring a fiverr freelancer to prepare some line drawings or 3D renders of the product or even a private discussion with a friend. 12 months after that public disclosure the idea becomes public domain, even if you have a provisional patent. The only way to avoid it becoming public domain would be to have an attorney file a full patent before that 12 months runs out, which costs anywhere from $2500-$25000, or by making the disclosure WITH AN NDA.  So let’s say I have an idea and I need some line drawings to file the provisional patent. So I hire a fiverr freelancer to make the line drawings that I will file with my provisional patent, but I don’t have them sign a NDA. Six months later I file a provisional patent.  Now my patent pending status is good for only six months. Also I now cannot refile improvements to my design and extend the patent pending end date, no matter what it’s one year from the public disclosure unless I pay loads of money for the full patent. But if I had the freelancer sign an NDA, I could refile provisionals until my design was solid, and the use the year of patent pending status to shop the idea around to companies, test it’s marketability ect before shellig out the big bucks for a full patent.

Finally, someone gets the bigger picture. It's not about the value of the gig, it's about the nature of the gig and the goals of the hiring party. 

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  • 4 weeks later...

The way I see it, I am hired from a company and asked to find someone to translate scenarios in several languages.

Who will take the blame if those scenarios leak or whatever? 

Cause I am certain that I will lose my job.

 

So what does it matter for the translator to sign it? All of us will feel safer anyway...

 

And can someone finally explain if I can ask for an NDA? 🤔

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  • 1 month later...
On 10/20/2021 at 2:03 PM, hollybecker said:

Hmm. Looks like a lot of ppl on this thread need to read the Fiverr copyrights and intellectual property rights page.

https://www.fiverr.com/support/articles/360010979558-Copyright-and-Intellectual-Property-Rights---Fiverr-Business?segment=business

THIS SUMMARY DOES NOT CONSTITUTE LEGAL ADVICE AND YOU MUST CONSULT YOUR OWN ADVISORS BEFORE MAKING ANY CLAIMS AS TO ONE'S RIGHTS IN THE WORKS PRODUCED.

In my case Australian Ombudsman will back me up and will seize assets if necessary

Under Australian law we are paying you for work therefore the work is ours you get your payment we get the content 

https://www.accc.gov.au/consumers/complaints-problems/make-a-consumer-complaint 

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On 1/18/2022 at 4:29 PM, mar_woof said:

So what does it matter for the translator to sign it?

If they don't have the permission from Customer Support to sign NDAs, they could easily get permanently banned from Fiverr. Which they want as much as you want to lose your job.

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