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About NDA contracts and how to approach them.


ozan_erdi
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Hello everybody.

I dont know how frequently you face this issue. But some of the clients ask to sign non-disclosure-contracts. Most of those are companies with their policies. 

Apart from them being a company policy, do they really need it? Does fiverr provide similar protections? If so, do you know how can i prove this to the clients? Can we handle this within our offer? 

Also, how it would be acceptable for me to share my information to the client for those contract files to be filled. We will still conduct the business in fiverr. But to start, we need to sign the contract.

Im looking at you my battle hardened friends.

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1 hour ago, ozan_erdi said:

Hello everybody.

I dont know how frequently you face this issue. But some of the clients ask to sign non-disclosure-contracts. Most of those are companies with their policies. 

Apart from them being a company policy, do they really need it? Does fiverr provide similar protections? If so, do you know how can i prove this to the clients? Can we handle this within our offer? 

Also, how it would be acceptable for me to share my information to the client for those contract files to be filled. We will still conduct the business in fiverr. But to start, we need to sign the contract.

Im looking at you my battle hardened friends.

An NDA is required in many cases. It protects them and makes you liable if you disclose the information. This could be potentially valuable IP to the company. Fiverr does not offer protection on the level of an NDA. 

If you violate Fiverr terms, Fiverr will warn you or, at worst, suspend you from the platform. It doesn't make you legally responsible for keeping the information protected in the same way an NDA would. 

The terms state that sellers should keep the information they receive from buyers confidential, but Fiverr does not guarantee that we will do so. When you sign the NDA, you promise to do so directly to the client. You're also identifying yourself, meaning that the company will know who you are and where you're based. This allows them to take legal action if you violate the NDA. 

I tend to be careful with NDAs. I don't mind signing them, but I always do my due diligence by ensuring that the client represents the actual company. 
Because signing it involves giving up personal information, I expect a few things in return: I usually ask for the company's privacy policy. This must inform me of their policy regarding treating personal data from freelancers, how long they store the information, what it's used for, and so on. Any serious company would have this in place. It makes them legally obligated to protect my information. 

I also require that they place the order before I sign the NDA. I inform them of the terms, stating that personal information can only be shared within the order page when required to complete the service. 

If they aren't willing to work within the terms on Fiverr, I'm not interested in collaborating with them in the first place. Most buyers will understand and accept it, but I have lost projects due to this before. But that's ok. You can't (and I don't want to) win them all. 

P.S. Make sure to read and understand the NDA! The client might claim it's "just a standard NDA" but you never know. I've seen NDAs requiring me to specifically encrypt all information upon receiving it. That meant setting up encryption software and so on. So read the specifics – otherwise you risk violating the terms in the contract. An NDA isn't always "just a standard NDA". 🙂

I've been involved in projects requiring some "fun" stuff. The weirdest one was that time the client required me to close the curtains before opening the files. 🤣

Rowan Atkinson Throw GIF by Working Title

Edited by smashradio
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@smashradioI dont mind signing NDA too. But, wouldnt i violate Fiverr's rules by sending them my information trough the process? How can i guarantee that fiverr wont take this the wrong way? 

Can i even guarantee this? Can my seller plus manager help during this?

Sorry for the question bombardment 😄 

Edited by ozan_erdi
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4 minutes ago, ozan_erdi said:

@smashradioI dont mind signing NDA too. But, wouldnt i violate Fiverr's rules by sending them my information trough the process? How can i guarantee that fiverr wont take this the wrong way? 

Can i even guarantee this? Can my seller plus manager help during this?

Sorry for the question bombardment 😄 

According to the terms on Fiverr: 

"Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page."

https://www.fiverr.com/terms_of_service

So you should be just fine, as long as the NDA is signed and delivered within the order page. In other words, the order must be placed before you send them the signed NDA. 

But if you're unsure, you could of course ask your SM. They should be able to give you an answer as well. I'm pretty sure it would be the same as above, though. If you send it within the order page you're acting according to Fiverr terms. 

Edited by smashradio
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8 minutes ago, smashradio said:

also require that they place the order before I sign the NDA. I inform them of the terms, stating that personal information can only be shared within the order page when required to complete the service. 

OH you already answered. 😄 Sorry

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1 hour ago, ozan_erdi said:

How can i guarantee that fiverr wont take this the wrong way? 

Oh in Fiverr Business they even talk about that. But same as Smash it will take a lot for me to actually sign one and a lot of due diligence. I have never signed one here though. When I get asked, my first response is always to tell them about the protections of the Terms of Service and they seem to be fine with that answer and continue with the order. 🤣

https://business.fiverr.com/

Will the freelancer be committed to my business' NDA?

Here on Fiverr it's just like working with any other freelancer. You can ask them to sign your NDA or any other legal document your legal department deems necessary. You can also find additional confidentiality obligations of freelancers mandated under Fiverr's Terms of Service.
 
 
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1 hour ago, smashradio said:

I've been involved in projects requiring some "fun" stuff. The weirdest one was that time the client required me to close the curtains before opening the files. 

Hahaha, the one that you had to burp for a VO is still on top of my list! But I know that isn't related to NDAs. 🤣

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2 hours ago, smashradio said:

An NDA is required in many cases. It protects them and makes you liable if you disclose the information. This could be potentially valuable IP to the company. Fiverr does not offer protection on the level of an NDA. 

If you violate Fiverr terms, Fiverr will warn you or, at worst, suspend you from the platform. It doesn't make you legally responsible for keeping the information protected in the same way an NDA would. 

The terms state that sellers should keep the information they receive from buyers confidential, but Fiverr does not guarantee that we will do so. When you sign the NDA, you promise to do so directly to the client. You're also identifying yourself, meaning that the company will know who you are and where you're based. This allows them to take legal action if you violate the NDA. 

I tend to be careful with NDAs. I don't mind signing them, but I always do my due diligence by ensuring that the client represents the actual company. 
Because signing it involves giving up personal information, I expect a few things in return: I usually ask for the company's privacy policy. This must inform me of their policy regarding treating personal data from freelancers, how long they store the information, what it's used for, and so on. Any serious company would have this in place. It makes them legally obligated to protect my information. 

I also require that they place the order before I sign the NDA. I inform them of the terms, stating that personal information can only be shared within the order page when required to complete the service. 

If they aren't willing to work within the terms on Fiverr, I'm not interested in collaborating with them in the first place. Most buyers will understand and accept it, but I have lost projects due to this before. But that's ok. You can't (and I don't want to) win them all. 

P.S. Make sure to read and understand the NDA! The client might claim it's "just a standard NDA" but you never know. I've seen NDAs requiring me to specifically encrypt all information upon receiving it. That meant setting up encryption software and so on. So read the specifics – otherwise you risk violating the terms in the contract. An NDA isn't always "just a standard NDA". 🙂

I've been involved in projects requiring some "fun" stuff. The weirdest one was that time the client required me to close the curtains before opening the files. 🤣

Rowan Atkinson Throw GIF by Working Title

I come from a world of consulting, where NDA is necessary as sometimes some of the stragy is dicussed with the clients that is extremly important for their business. Outside of Fiverr almost all my clients need a NDA to be signed. This is a very common practice. 

There are times, where I ask clients to sign an NDA if I need to disclose something from my end. I also keep a common NDA drafted with me. 

Yes before signing I always read it and if I feel something is a bit iffy, I take a legal opnion. Never sign anything that I don't understand. 

An important point that was mentioned here is that NDA is singed once the order has been placed. This is very important aspect for me to keep in mind. 

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3 hours ago, theratypist said:

Hahaha, the one that you had to burp for a VO is still on top of my list! But I know that isn't related to NDAs. 🤣

Ah yes, the burp! Good times, good times. DId I tell you about that time I had to take an ice cold shower to play the part of a Norwegian viking eating fish in an icecold pool for a polish TV commercial? 

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