Answer the question
In order to leave comments, you need to log in
Should I sign this kind of NDA agreement?
The customer asked to sign an NDA, but it contains some items that are a little strange at first glance.
1) There is a clause that if I try to contact their company's clients directly, they can charge me $5k.
2) Here, in general, everything is clear, but the interpretation of what is written in brackets is not entirely clear, how can this be interpreted?
Third Party Beneficiaries. All affiliates of the disclosing Party which are the owners or subjects of any Confidential Information disclosed to the receiving Party under this Agreement (including, without limitation, in the case of as the disclosing Party, all portfolio investments of or its affiliates about whom Confidential Information is provided to the other Party under this Agreement) shall be third Party beneficiaries of this Agreement, and shall be entitled to all the rights and remedies of the disclosing Party hereunder to the full extent as if such affiliates were Parties to this Agreement.
3) And here the meaning is not at all clear what is meant.
Construction. None of the parties hereto shall be considered to be the drafter of this Agreement or any provision hereof for the purpose of any statute, case law or rule of interpretation or construction that would or might cause any provision to be construed against the drafter hereof.
I would be very grateful for help.
Answer the question
In order to leave comments, you need to log in
you can safely sign, these guys have no real options from you in Russia to recover these 5K, no matter what you are "guilty of".
with a normal profile, sign only if there is 100% knowledge and confidence that the contract is just one of the formalities for the customer - i.e. in real life, the probability of this is almost 0. either seek advice (not on a toaster) from a lawyer.
foreign contracts are signed not for show. and although the legal system is also passive and "silent" in case of various minor violations, everything is very easily and quickly turned on and works if there is a complaint. therefore, if there are minimal doubts and an upwork acc is expensive, it’s better not to sign. the green site will always be on the side of the customer, because he pays cash.
Didn't find what you were looking for?
Ask your questionAsk a Question
731 491 924 answers to any question