[LondonOpenCoffee] Non compete clause

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[LondonOpenCoffee] Non compete clause

Daniel (Meetup)
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
Hey Thomas

I'm not a lawyer but this is one of those questions that comes up again and again in freelance work. What follows is therefore personal experience, not advice as such. For that, speak to a lawyer.

NDAs are common but (often) difficult to enforce, though it depends on the situation. If you're dealing with confidential, business-critical and detailed information I would not be surprised to be asked to sign one, BUT:

If the NDA relates to a business IDEA, e.g for. a startup, and not the DETAILS of the idea (i.e. how it will be executed, the code, etc.) it's debatable as to whether the NDA is enforceable at all. You can't copyright IDEAS, only the EXECUTION of an idea. It's common for first time founders to think they need to NDA everything, only to find they get shown the door when they ask VCs to sign said NDA. That's because it shows insecurity and a lack of trust.

So I'd look into exactly what they (think) they are protecting. If they don't trust you, I'd run a mile, because no agreement is worth anything without good faith.

As for non-compete agreements, there are issues of enforceability there too. You can't prevent someone from earning a living, and sometimes non-compete agreements imply ''restraint of trade'' (more here), and may be unenforceable or even illegal. Six months is a fairly common ''rule of thumb'' that I have seen, but again, if in doubt, speak to a lawyer.

If you're doing this pro bono I'd be a little worried if they try to tie you up in knots. At the end of the day, you're doing them a favour.

Good luck

Tom



On 10 February 2018 at 14:51, Thomas Grenet <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
That's a classic scam. Never ever sign an NDA with a hidden non-compete (unless very narrowly drafted). The title  fundamentally misrepresents the contract, which may affect the enforcement.

I'd tell them where to stick it, and never do business with them again. 

Pro bono, I'd laugh in their face as I did it. 

A


On 10 Feb 2018 13:44, "Thomas Grenet" <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
Hey everyone,

I hope this Saturday has been good to all. I would like to invite you to a Business Event happening on 2nd March in Liverpool St London powered by NatWest (10 to 5pm).
I am also giving a discount to this group PROMO20 on the eventbrite link below. 

We have 14 speakers talking about Content and SEO, Storytelling and Branding (TEDx Speaker), Facebook and the latest change, Digital Marketing (trainer of Digital Garage Google), Branding, Selling (Dragon Den Investee), etx...
It will be a dynamic day with 2 rooms and networking area to not only meet the speakers but also like minded business people. All the speakers are female experts and we are expecting not only attracting business women but business people.


tickets here    (add PROMO20 for discount)

Any question? contact hello @ business woman club dot co dot uk 

Looking forward to hearing from you.
Best regards
Candyce Costa



On 10 February 2018 at 13:44, Thomas Grenet <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
Personally, if I meet a startup which wants me to sign an NDA before speaking to me , I usually leave.


On Sat, 10 Feb 2018 at 14:10, Andrew Lockley
That's a classic scam. Never ever sign an NDA with a hidden non-compete (unless very narrowly drafted). The title  fundamentally misrepresents the contract, which may affect the enforcement.

I'd tell them where to stick it, and never do business with them again. 

Pro bono, I'd laugh in their face as I did it. 

A


On 10 Feb 2018 13:44, "Thomas Grenet" <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
Tom Hayton. You should be a lawyer. You just summarised in a few sentences what a lawyer would take 1 hour to explain (with fees). 

On 10 Feb 2018 14:13, "Candyce Costa" <[hidden email]> wrote:
Hey everyone,

I hope this Saturday has been good to all. I would like to invite you to a Business Event happening on 2nd March in Liverpool St London powered by NatWest (10 to 5pm).
I am also giving a discount to this group PROMO20 on the eventbrite link below. 

We have 14 speakers talking about Content and SEO, Storytelling and Branding (TEDx Speaker), Facebook and the latest change, Digital Marketing (trainer of Digital Garage Google), Branding, Selling (Dragon Den Investee), etx...
It will be a dynamic day with 2 rooms and networking area to not only meet the speakers but also like minded business people. All the speakers are female experts and we are expecting not only attracting business women but business people.


tickets here    (add PROMO20 for discount)

Any question? contact hello @ business woman club dot co dot uk 

Looking forward to hearing from you.
Best regards
Candyce Costa



On 10 February 2018 at 13:44, Thomas Grenet <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
Hahah thanks Omar! 😂

On 10 February 2018 at 15:17, Omar James Jordan <[hidden email]> wrote:
Tom Hayton. You should be a lawyer. You just summarised in a few sentences what a lawyer would take 1 hour to explain (with fees). 

On 10 Feb 2018 14:13, "Candyce Costa" <[hidden email]> wrote:
Hey everyone,

I hope this Saturday has been good to all. I would like to invite you to a Business Event happening on 2nd March in Liverpool St London powered by NatWest (10 to 5pm).
I am also giving a discount to this group PROMO20 on the eventbrite link below. 

We have 14 speakers talking about Content and SEO, Storytelling and Branding (TEDx Speaker), Facebook and the latest change, Digital Marketing (trainer of Digital Garage Google), Branding, Selling (Dragon Den Investee), etx...
It will be a dynamic day with 2 rooms and networking area to not only meet the speakers but also like minded business people. All the speakers are female experts and we are expecting not only attracting business women but business people.


tickets here    (add PROMO20 for discount)

Any question? contact hello @ business woman club dot co dot uk 

Looking forward to hearing from you.
Best regards
Candyce Costa



On 10 February 2018 at 13:44, Thomas Grenet <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)

Thanks a lot guys.

Andrew, to be fair to the entrepreneur the title of the NDA does include that there is a non compete. Now whether I want to be tied in on this one for pro bono work, agree this is a bit hard to accept.

Tom, very useful indeed. My client was actually very open on the first meeting in explaining his idea. Signing the NDA came actually after this discussion.
So I might receive confidential info from now on although the key part is in the Algorithm and platform which I am not expert in nor that I will be involved directly in it.
So I suppose that i can sign the NDA. Won't make much difference for me anyway.

Thanks again!
Tom


On Sat, 10 Feb 2018, 14:19 Tom Hayton, <[hidden email]> wrote:
Hahah thanks Omar! 😂

On 10 February 2018 at 15:17, Omar James Jordan <[hidden email]> wrote:
Tom Hayton. You should be a lawyer. You just summarised in a few sentences what a lawyer would take 1 hour to explain (with fees). 

On 10 Feb 2018 14:13, "Candyce Costa" <[hidden email]> wrote:
Hey everyone,

I hope this Saturday has been good to all. I would like to invite you to a Business Event happening on 2nd March in Liverpool St London powered by NatWest (10 to 5pm).
I am also giving a discount to this group PROMO20 on the eventbrite link below. 

We have 14 speakers talking about Content and SEO, Storytelling and Branding (TEDx Speaker), Facebook and the latest change, Digital Marketing (trainer of Digital Garage Google), Branding, Selling (Dragon Den Investee), etx...
It will be a dynamic day with 2 rooms and networking area to not only meet the speakers but also like minded business people. All the speakers are female experts and we are expecting not only attracting business women but business people.


tickets here    (add PROMO20 for discount)

Any question? contact hello @ business woman club dot co dot uk 

Looking forward to hearing from you.
Best regards
Candyce Costa



On 10 February 2018 at 13:44, Thomas Grenet <[hidden email]> wrote:
Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
A non-compete clause indicates that they view you as a temp/contingent labour/staff augmentation (at best) and not as a bona fide proper independent consultant.

They do not recognise or respect your professional integrity.

I wouldn’t sign.

Best,

Robert



On 10 Feb 2018, at 13:53, Thomas Grenet <[hidden email]> wrote:

Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)
NDA - is usually signed for 5 years (we are in property buying/selling and property developments ), however anybody can easily circumvent it, they can buy on another business name, with different directors, so I think it is more to make you feel good/protected, but its not really :(
Good luck anyway. 

Kind Regards, 

Rachel Hobdell
 

<a href="tel:1%20917%20267%208766" value="+19172678766" style="color:rgb(17,85,204)" target="_blank">1 917 267 8766

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On Sat, Feb 10, 2018 at 10:28 PM, Robert Claeson <[hidden email]> wrote:
A non-compete clause indicates that they view you as a temp/contingent labour/staff augmentation (at best) and not as a bona fide proper independent consultant.

They do not recognise or respect your professional integrity.

I wouldn’t sign.

Best,

Robert



On 10 Feb 2018, at 13:53, Thomas Grenet <[hidden email]> wrote:

Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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Re: [LondonOpenCoffee] Non compete clause

Daniel (Meetup)
In reply to this post by Daniel (Meetup)

Thanks a lot everybody for your input.
Have a good sunday!
Tom


On Sun, 11 Feb 2018, 04:45 Rachel Hobdell, <[hidden email]> wrote:
NDA - is usually signed for 5 years (we are in property buying/selling and property developments ), however anybody can easily circumvent it, they can buy on another business name, with different directors, so I think it is more to make you feel good/protected, but its not really :(
Good luck anyway. 

Kind Regards, 

Rachel Hobdell
 

<a href="tel:1%20917%20267%208766" value="+19172678766" style="color:rgb(17,85,204)" target="_blank">1 917 267 8766

<a href="tel:%2B44%207808%20%C2%A0273%20568" value="+447808273568" style="color:rgb(17,85,204)" target="_blank">+44 7808  273 568


Bridging Loans from 0.54% 
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On Sat, Feb 10, 2018 at 10:28 PM, Robert Claeson <[hidden email]> wrote:
A non-compete clause indicates that they view you as a temp/contingent labour/staff augmentation (at best) and not as a bona fide proper independent consultant.

They do not recognise or respect your professional integrity.

I wouldn’t sign.

Best,

Robert



On 10 Feb 2018, at 13:53, Thomas Grenet <[hidden email]> wrote:

Hi everybody,

I am in contact with a company which I will be advising for fundraising purposes. I am doing the work pro bono.
I am looking now at the NDA and a few things are not clear to me:
- How long would you expect the NDA to run for after my role is finished? I would have expected 12 months but here the period is much longer.
- There is also a non compete clause included in the doc. As s consultant, would you expect this kind of clause and if so how long would you accept to be tied in after the mission is finished?

Thanks a lot for your help.

Best,
Thomas





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