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Wrong Title on NDA - Freelancer

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davidalejandro

Junior Member
Hello,

I hired a freelancer from India on Elance to do some coding for my website. I have already paid them and closed the job. She also signed an NDA at the start of the job.

However, now I'm filing a dispute because of some bad coding from her side that she does not want to fix.

I reviewed the NDA and I see that I didn't change the job name on it. It says:

"The receiving party understands that the Disclosing Party has disclosed or may disclose information (including digital files) relating to the project on Elance named "WRONG NAME", the company, domains and its subdomains, which to the extent previously, presently or subsequently disclosed to the Receiving Party is hereinafter referred to as "Proprietary Information" of the Disclosing Party.

Now, I don't know if I'm in trouble because of that wrong name. If she makes our files and information public, can I press charges based on this signed NDA? I have many proofs that she worked on my project, though the NDA states another JOB name.


Regards,
D
 


Silverplum

Senior Member
What does this have to do with USA law?




Hello,

I hired a freelancer from India on Elance to do some coding for my website. I have already paid them and closed the job. She also signed an NDA at the start of the job.

However, now I'm filing a dispute because of some bad coding from her side that she does not want to fix.

I reviewed the NDA and I see that I didn't change the job name on it. It says:

"The receiving party understands that the Disclosing Party has disclosed or may disclose information (including digital files) relating to the project on Elance named "WRONG NAME", the company, domains and its subdomains, which to the extent previously, presently or subsequently disclosed to the Receiving Party is hereinafter referred to as "Proprietary Information" of the Disclosing Party.

Now, I don't know if I'm in trouble because of that wrong name. If she makes our files and information public, can I press charges based on this signed NDA? I have many proofs that she worked on my project, though the NDA states another JOB name.


Regards,
D
 

davidalejandro

Junior Member
I'm sorry, I did a search on "freelancer NDA" and after looking at some of the results, this seemed to be the appropriate section.

Which section should I post this into?
 

quincy

Senior Member
I'm sorry, I did a search on "freelancer NDA" and after looking at some of the results, this seemed to be the appropriate section.

Which section should I post this into?
This section of the forum is a good one for questions about non-disclosure agreements. The problem is that FreeAdvice is not the right site for your specific questions.

We handle U.S. law questions and U.S. legal concerns only. The laws that will apply to your freelancer from India will be the laws of India, not the laws of the U.S.
 

davidalejandro

Junior Member
Ah, I see...

I thought an NDA would be kind of enforceable on an international scale.

Would you recommend a site where I can get advice on this?
 

quincy

Senior Member
Ah, I see...

I thought an NDA would be kind of enforceable on an international scale.

Would you recommend a site where I can get advice on this?
How do you expect to enforce a nondisclosure agreement on a resident of India? You cannot compel her to come to the US.

You would need to seek legal recourse against her in India under India's laws.

I do not know of any website that can advise you on the particulars of your contract and the nondisclosure agreement. You will probably have to sit down with an attorney in your area for a personal review and advice on how to handle your overseas freelancer.

Sorry.
 

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