| Pages in topic: < [1 2] | NDA's Thread poster: Peter Motte
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Baran Keki 
Türkiye
Local time: 09:30
Member
English to Turkish
Maria Teresa Borges de Almeida wrote:
I lived in Belgium for 30 years and one of my regrets was not learning Flemish…
I know of Turkish people living in Germany for 50 years and haven't bothered to learn German, and they don't seem to regret it, if anything, they regret that Germans don't understand/speak Turkish.
[Edited at 2023-03-17 11:49 GMT]
| | | | Peter Motte
Belgium
Local time: 08:30
Member (2009)
English to Dutch
+ ...
TOPIC STARTER | Never seen it split up | Mar 17, 2023 |
Kevin Fulton wrote:
I wonder whether people confuse an NDA with a non-compete agreement.
An NDA often has both elements in it.
In my case it was clearly called "Non-Disclosure Agreement" on the top of page 1, and on page 2 there was an "Article 3: Non-competition clause".
I don't remember ever having signed two clearly separate contracts for those functions. It was always presented as an NDA with a non-competition clause or rules to that effect in it.
As you will understand, it's very difficult to split them up.
| | | | Peter Motte
Belgium
Local time: 08:30
Member (2009)
English to Dutch
+ ...
TOPIC STARTER | You only have to learn Dutch | Mar 17, 2023 |
Maria Teresa Borges de Almeida wrote:
I lived in Belgium for 30 years and one of my regrets was not learning Flemish…
Just try Dutch. It will help you a long way. Except, of course, when they start talking a dialect.
| | | | Peter Motte
Belgium
Local time: 08:30
Member (2009)
English to Dutch
+ ...
TOPIC STARTER | Be carefull with time | Mar 17, 2023 |
Suppose you sign an NDA/NCA which states you can't work for an end-client of your client for 5 years after doing the last assignment for said end-client for said client.
And then they give you jobs of 4 hours to 8 hours work. Which means, if they keep you bussy, then can give you 250 to over 500 DIFFERENT end-client in 1 year time.
Which means that you're bound to that client for five years, even if they suddenly decide to cut the prices they pay you to a tenth of the original price.... See more Suppose you sign an NDA/NCA which states you can't work for an end-client of your client for 5 years after doing the last assignment for said end-client for said client.
And then they give you jobs of 4 hours to 8 hours work. Which means, if they keep you bussy, then can give you 250 to over 500 DIFFERENT end-client in 1 year time.
Which means that you're bound to that client for five years, even if they suddenly decide to cut the prices they pay you to a tenth of the original price.
THAT's what you have to keep in mind with such terms.
You might think that's never going to happen, but don't forget that the agencies have become very big nowadays. The days that an agency was a translator and his/her spouse, dividing the work load because they did one language combination in both directions, or one did translations and the other one did the bookkeeping, are long gone.
There is consolidation in the translation market, and as a freelancer you have to be prepared for all kinds of dirty tricks which some people might try to play on you. (to give an over-the-top example: Elon Musk has put BED's in the Twitter office!)
Excepting long NCA periods is just not in the interest of a freelancer.
[Edited at 2023-03-17 19:57 GMT]
[Edited at 2023-03-18 11:16 GMT] ▲ Collapse
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| Oh so you’re not talking about NDAs at all… | Mar 17, 2023 |
Peter Motte wrote:
An NDA often has both elements in it.
In my case it was clearly called "Non-Disclosure Agreement" on the top of page 1, and on page 2 there was an "Article 3: Non-competition clause".
I don't remember ever having signed two clearly separate contracts for those functions. It was always presented as an NDA with a non-competition clause or rules to that effect in it.
As you will understand, it's very difficult to split them up.
So you’re talking about something completely different to an NDA…
A non-compete clause will normally have a duration of its own. It’s normally nonsense anyway. Unenforceable for a number of reasons discussed endlessly on ProZ in the past. I agree with everything Kevin says.
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Peter Motte wrote: Maria Teresa Borges de Almeida wrote:
I lived in Belgium for 30 years and one of my regrets was not learning Flemish… Just try Dutch. It will help you a long way. Except, of course, when they start talking a dialect.
Time was scarce. And still is...
| | | | Peter Motte
Belgium
Local time: 08:30
Member (2009)
English to Dutch
+ ...
TOPIC STARTER | It's not my aim to disclose confident information, it's only my aim to protect my own business | Mar 18, 2023 |
Ice Scream wrote:
Personally I wouldn’t disclose confidential information ever. Why should it be limited to one year? What have you to gain from halving the period from two years to one year? (Hope I got my maths right there😉)
I didn't say I want to disclose confidential information, I only state that non-competittion clauses are detrimental to your own business opportunity, even if you don't take confidential information to a client.
Moreover, the NCA involved didn't mention that I couldn't use information I gathered from the undersigning party with me to one of its end clients. I cleared stated that I couldn't be in a relation with them without the undersigning party being prat of it.
And there's the rub: if they all at a sudden don't want me anymore (for whatever reason, eg a new manager is employed, and he decides to work with a new time, like former classmates), then I could lose an enormous amount of potential clients.
I have the impression that lots of people here don't understand that, and are willing to sign contracts which are not in their best interests. Good boys. They'll get a cookie.
| | | | Baran Keki
Türkiye
Local time: 09:30
Member
English to Turkish
| All the more reason! | Mar 18, 2023 |
Peter Motte wrote:
I have the impression that lots of people here don't understand that, and are willing to sign contracts which are not in their best interests. Good boys. They'll get a cookie.
I couldn't have said it better myself. That's all the more reason to contact Keki & Associates today!
Not only will they get a cookie in prison, but they'll also get lethal injection if they're not too careful!
Law is not to be taken lightly! Your life, liberty and future is at stake! Call us now, d'ye hear?
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Peter Motte wrote:
(...) Which means, if they keep you bussy, then can give you 250 to over 500 DIFFERENT end-client in 1 year time.
OMG! I have been freelancing for over 20 years and fortunately this never happened to me. The most I had was 25 and I found it rather confusing and hard to keep up having to jump from one to the other.
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Peter Motte wrote:
I didn't say I want to disclose confidential information, I only state that non-competittion clauses are detrimental to your own business opportunity, even if you don't take confidential information to a client.
Trouble is, you did. When you wrote "NDA" we all thought you were talking about non-disclosure.
As for non-compete clauses, best just ignore them. As discussed at length here before, (1) we don't necessarily know who the agency's end-client is, (2) they can't possibly know who we work for, and (3) the main intention anyway is to stop you brazenly courting the end-client, not to stop you working for the same end-client through a different agency or if the end-client approaches you.
| | | | Peter Motte
Belgium
Local time: 08:30
Member (2009)
English to Dutch
+ ...
TOPIC STARTER | I always know it | Mar 24, 2023 |
I always know who the end client is.
As a matter of fact: I have to know it, because the bits and parts you get to translate can need a completely different translation according to the (business of) the end client.
| | | | Baran Keki
Türkiye
Local time: 09:30
Member
English to Turkish
| That reminds me | Mar 24, 2023 |
Ice Scream wrote:
the main intention anyway is to stop you brazenly courting the end-client
I received the email below last week from an agency that has never once sent a job my way, they're asking me to hand any direct clients I may have over to them and offering to pay 100 quid for my trouble (a nice little earner, what?). I mean isn't that effing clever? Anyways, if anyone's interested in parting with their direct clients and wishing to work for a third or fourth of their per word rate by going back to working with agencies can send me an email and I can put them in touch with that agency, or better yet let me refer your direct clients to them on your behalf and collect the monies myself.
Keki & Associates' payment term is net 60 days + end of month + 2nd Wednesday of the following month + 4 fortnights. Payments are only made by Paypal with a hefty commission set by us. Take it or leave it.
[Edited at 2023-03-24 19:40 GMT]
[Edited at 2023-03-24 19:41 GMT]
[Edited at 2023-03-25 07:07 GMT]
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| OMG! What next? | Mar 25, 2023 |
Baran Keki wrote: Ice Scream wrote:
the main intention anyway is to stop you brazenly courting the end-client I received the email below last week from an agency that has never once sent a job my way, they're asking me to hand any direct clients I may have over to them and offering to pay 100 quid for my trouble (a nice little earner, what?). I mean isn't that effing clever? Anyways, if anyone's interested in parting with their direct clients and wishing to work for a third or fourth of their per word rate by going back to working with agencies can send me an email and I can put them in touch with that agency, or better yet let me refer your direct clients to them on your behalf and collect the monies myself. Keki & Associates' payment term is net 60 days + end of month + 2nd Wednesday of the following month + 4 fortnights. Payments are only made by Paypal with a hefty commission set by us. Take it or leave it. [Edited at 2023-03-24 19:40 GMT] [Edited at 2023-03-24 19:41 GMT] [Edited at 2023-03-25 07:07 GMT]
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