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Ana2016-12-09 12:59:43
Freelance
Ana, 2016-12-09 12:59:43

Is there an NDA violation on Upwork?

I work at Upwork, now there are 3 clients (USA, Canada, and Israel) who insist on an NDA.
Contracts are not held through Upwork, i.e. we find clients there and agree on Skype to bypass the 20% commission.
Tell me, can I post the result of the work in Upwork (in this case, our work is the development of the game completely, and I want to post the design and screen of the game, without code)?
If not, what does it mean for me?

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8 answer(s)
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Erelecano Oioraen, 2016-12-09
@Erelecano

What's with the non-disclosure agreement?
You are in violation of your contract with Upwork if you find clients there and then work directly with them without paying a commission to Upwork.
If you are caught, then you and the client will be banned (and rightly so).

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Oleg, 2016-12-09
@ollisso

And what is specified in the contract - what is under the NDA and what is not?
For example, the NDA may even state that you are not allowed to tell anyone that you have worked on these projects.
In this case, of course, you can't post it.
Or only "trade secrets" - then screenshots are most likely possible (although not a guarantee) ... But only after the game is published.
Or you don't have the right to upload development screenshots, but who's stopping you, after the game is published - log in as a regular client and take a screenshot of the main screen.
Total: NDA are different, you need to read specifically yours. The problem is that the contents of the NDA may be under the NDA :) In this case, you cannot show it especially (although a lawyer can, usually :) ).
What threatens depends on the size of the firm, and on how much they want to punish you.

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ZERGE, 2016-12-09
@ZERGE

what threatens me?

Ban on UpWork

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Puma Thailand, 2016-12-09
@opium

Have you tried reading nda, what exactly is protected there?
If a company finds them on an upwork, it will complain to the upwork, most likely the situation will come up that you worked past the upwork, at least you will receive an eternal bank from the upwork + some kind of NDA trial.

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CityCat4, 2016-12-09
@CityCat4

In my opinion, upwork forbids working with clients directly, which is quite logical on their part. By posting your work on upwork (made in violation of the contract with them), you yourself are asking for a ban.

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Sergey, 2016-12-09
@dpmango

That's right, it depends on the content of the agreement. It's like asking 'my contract says I have to pay the contractor $1000 what if I don't pay anything'
I have 1 NDA because I was working with confidential medical information of 'patients'. Accordingly, it was written that I could not disclose it. After the project was completed, he asked the customer if it was possible to place the work if all the data was overwritten (blur). They agreed
that the second NDA was more detailed and clearly stated that the work could not be posted for 18 months after completion. There's nowhere to go
In practice, I think that no one will get involved in judicial friction, since usually you do not enter any passport information. You never know how many Vasya Ivanovs are in Russia, let them look for where to send :) And you can put a fake signature

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Zr, 2016-12-09
@Zr

You do not understand the terms of the contract that you sign? It's sad, but here's what you expect to hear - you didn't bring him. Tips of telepaths? They are on vacation.
And who wrote it? Your counterparty? So tell him that you do not understand what he wants from you!

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