My recommendation:
Get an attorney's opinion.. don't sign anything until then...
-Original Message-
From: Action Request System discussion list(ARSList)
[mailto:arslist@ARSLIST.ORG] On Behalf Of pritch
Sent: Thursday, August 01, 2013 2:46 PM
To: arslist@ARSLIST.ORG
Subject: Re: Recruiters Odd NDA
Sounds like more of a non-compete to me. it would be up to the 'company' to
prove that they 'introduced' you to their 'customer'. As LJ said, it's more to
prevent someone from pulling business away from the 'company'.
Of course this opinion is neither an endorsement or refusal by the author and
is not to be interpreted as that of the 'company' or other persons that have
dealings with the author (in other words, I'm not a lawyer either so make your
own decision on signing or not signing).
pritch
- Original Message -
From: Lj Longwing llongw...@usgs.gov
To: arslist@ARSLIST.ORG
Sent: Thursday, August 1, 2013 3:21:08 PM
Subject: Re: Recruiters Odd NDA
**
I understand the 'reason' behind the NDAand it's not really an NDA...more
of a contractthe wording of it is a bit harsh...but basically they have
probably been bitten before with bringing a person to a prospective client, and
then had that consultant go directly to the customer and get hired, removing
them from the mix, and cutting out their 'cut' of the moneythe part that is
'limiting' in their power on this seems to be the part that Lisa latched onto
of 'Introduced by the Company'so basically, this is limiting their power to
not be all companies that they do business with, but companies that you came
to, as part of your relationship with 'the Company'while I'm not lawyer, I
don't see anything all that harmful in this contract.
On Thu, Aug 1, 2013 at 1:15 PM, Kemes, Lisa A DLA CTR INFORMATION OPERATIONS
lisa.kemes@dla.mil wrote:
Yikes, what the heck does introduced by the Company mean? That sounds really
vague. I didn't have anything like that in my offer letter.
-Original Message-
From: Action Request System discussion list(ARSList) [mailto:
arslist@ARSLIST.ORG ] On Behalf Of Scott Hallenger
Sent: Thursday, August 01, 2013 3:08 PM
To: arslist@ARSLIST.ORG
Subject: Recruiters Odd NDA
**
I've been goig back and fourth with a recruiter on a position that is totally
remote. Mind you I have no hire letter, and have had no interview thus far, and
this all started today. I dont know this guy from adam. Below is what he sends
me in his NDA doc. Sorry but I refused to sign his doc which he tried to
pressure me into signing like a car salesman or something. Did I over react?
1. During the period when Name_Less, Inc. (the “Company”) is marketing your
skills and for
a period of 3 months thereafter, you shall not directly or indirectly solicit
the business of (or
otherwise deal in a manner adverse to the Company with) or provide any software
engineering, consulting or programming services to any customer or prospective
customer of
the Company where you are introduced by the Company. Furthermore, during the
course of
Evaluatory interviews and other meetings that the Company organizes between you
and its
customers or prospective customers, you agree that you will not offer your
services directly or
indirectly to (or otherwise deal in a manner adverse to the Company with) the
Customers or
prospective customers of the Company.
2. In the event that you breach the provisions of this Agreement, you agree to
pay the
Company as liquidated damages and not as a penalty a further sum of US Dollars
Ten
Thousand. You acknowledge that liquidated damages in such amount is reasonable
under
the circumstances in light of the fact that significant damages and expenses
will be suffered or
incurred by the Company
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