NDA? OK.
In response to a discussion on twitter between myself, @toxinide (Fabio Basille) and @dezinezync (Nikhil Nigade) I thought I’d right up this blog post.
Fabio had tweeted saying “I never like signing NDAs, if you want to hire me you should trust me as well, it’s my job after all… :/”. It is an understandable dislike, signing contracts, especially those that seem to insinuate that you are untrustworthy. However, when you work with clients who’s income is based at least in large part on the success of one or two apps it is important to understand a few things.
First, an NDA does not indicate a lack of trust. It doesn’t indicate anything about trust. Trust must be earned, just like anything in the business of freelancing. If a client comes to you, or you apply for a posted contract job, and they don’t know you personally or from previous experience, expect an NDA. It’s not saying they don’t trust you, it’s saying that they feel very strongly that they need to protect themselves from somebody, not you, that would steal their ideas or code. In the words of Lord Cutler Beckett (although, if your client seems like they’re bent on domination of the world’s oceans for their own personal graft perhaps you should avoid them): “It’s nothing personal, It’s just good business.” And good business it is; if you have no plans of leaking any information that is protected under the NDA then you have nothing to worry about. So what if the damn thing takes you 30 minutes to read? Sign the contract, get the job, and hey! You’re a freelancer. You can reasonably bill them for those 30 minutes, as without spending that time you wouldn’t even be there.
Second, the client is always right. In this business, clients are ornery, bossy, controlling, freaks. It’s the nature of the beast. They’re paying you, it’s part of the deal. It may be your job to design and develop, but it’s not your job to keep your mouth shut. Just take a look at Dribbble. The entire philosiphy at Dribbble is to share what you’re working on, be it your own personal project, or for a paying client. But why, you ask, don’t they just ask me not to share? Well, dear reader, that is what they are doing when they give you an NDA. They are asking, only in this case, it means there are legal repurcussions if you do share. Once again, in many cases there is quite a lot of money riding on small projects and one lose-lipped employee can cause it all to go down the drain. You know, and I know, that you’re not that person. The client who’s never worked with you before doesn’t.
Third, all things considered, NDAs indicate that the client is on top of things legally. I require a contract with all of my clients, and many refuse to sign. I refuse to do the work in that case. Contracts are a necessary evil, and it’s just another part of the job that we all have to deal with. Don’t be offended by it, as that only means that you won’t get the job. Sure, if you’re @SoftFaçade you’re probably not hurting for work all that much and can afford to lose a few clients because of contractual issues. But if you’re not, then take the time to do your due diligence, read the NDA, sign it, and get on with your work. If you truly love what you do, you shouldn’t let an NDA get in your way.
- Zak Auerbach is a developer from San Diego. He’s signed over 120 NDAs in his short career, most of them for the same company. He’s also got a jewfro.
