NDA agreement.. yes or no?

by papi70
13 replies
fellow warriors and warriorettes,
i'm having an app developed overseas (well, overseas is besides the point) the question is.. Is it a good idea to have the developer sign a NDA agreement?

I'd just hate to have my trillion dollar app idea stolen!!!
thanks
#agreement #nda
  • Profile picture of the author BrianMcLeod
    Originally Posted by papi70 View Post

    fellow warriors and warriorettes,
    i'm having an app developed overseas (well, overseas is besides the point) the question is.. Is it a good idea to have the developer sign a NDA agreement?

    I'd just hate to have my trillion dollar app idea stolen!!!
    thanks
    An agreement/contract is only as useful as your ability to enforce it.

    Are you prepared to do so? Is it even feasible overseas?
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    • Profile picture of the author papi70
      good point!! any suggestions on how i could at least try to protect my idea?

      thank you
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    • Profile picture of the author kindsvater
      Originally Posted by BrianMcLeod View Post

      An agreement/contract is only as useful as your ability to enforce it.

      Are you prepared to do so? Is it even feasible overseas?
      The developer may be overseas, but his ability to sell it (websites, domains, hosting, payment processors, app marketplaces, etc) may be subject to enforcement elsewhere if you protect your rights.
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    • Profile picture of the author SunilTanna
      Originally Posted by BrianMcLeod View Post

      An agreement/contract is only as useful as your ability to enforce it.
      That might be true if you are expecting to fall out, or if it comes to litigation, but agreements also serve another purpose:

      That is as a written record of each party's rights, responsibilities, and obligations. It helps makes sure that each party understands things in the same way, and helps to ensure that these things don't become clouded by misunderstandings, fallible memories, wishful thinking, etc.

      Most people don't stick to agreements simply because they might get sued if they don't.
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  • Profile picture of the author LWYSIWYG
    You could always go as far as to speak with an attorney and see what your viable options are. An attorney would know best.

    I would typically advise an NDA, because there are some shady people out there who will steal an idea and claim it as their own to make a quick buck. Unfortunate but true.

    Basically I'd suggest speaking to an attorney. Any time I've had ANY contracts I've always consulted with my law firm buddies to see whats the best way to go about it, how to write it and of course, what kind of action I can take if the contract is broken.
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  • Profile picture of the author ZephyrIon
    Originally Posted by papi70 View Post

    fellow warriors and warriorettes,
    i'm having an app developed overseas (well, overseas is besides the point) the question is.. Is it a good idea to have the developer sign a NDA agreement?

    I'd just hate to have my trillion dollar app idea stolen!!!
    thanks
    It really won't matter but it is good to have one.

    You've got to see it as: what else can you do?

    Nike & all the huge brands with armies of lawyers still can't do anything.

    I still always do NDA.
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  • Profile picture of the author papi70
    thank you Warriors for all your answers, does anyone have a simple fill in the blanks NDA I can copy?

    thanks
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  • Profile picture of the author MobiDev
    NDA is necessary not only for a client, but also for developers. We use NDA, which are given on Elance and Odesk.
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  • Profile picture of the author DeborahDera
    I use a NDA for just about every project I work on. I have to disclose information about what my clients are doing, their strategies, etc in order for people to work on different tasks. The less they know, the better, but sometimes they know enough to do damage if they really became bitter or turned out to be less than trustworthy.

    Better safe than sorry; but definitely talk to a lawyer about it, and about enforcability.

    Originally Posted by papi70 View Post

    fellow warriors and warriorettes,
    i'm having an app developed overseas (well, overseas is besides the point) the question is.. Is it a good idea to have the developer sign a NDA agreement?

    I'd just hate to have my trillion dollar app idea stolen!!!
    thanks
    {{ DiscussionBoard.errors[8555598].message }}
  • Profile picture of the author Mark Pescetti
    I've signed over a dozen NDA's in my relatively short career as a copywriter and I've never broken them - no matter how much I've wanted to at times.

    But Brian is right. Because unless you're willing to exert the time, money and energy to enforce them, the agreement is more of an idea.

    Mark
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  • Profile picture of the author richwininc
    I've built and have an app. It really depends on the goals of the app that you're trying to build.

    When you develop apps with overseas dev shops 1. They're generally not interested in taking your idea. Depending on who you're using they probably see multiple ideas a day. Also the app by itself can't do much. Its the execution, marketing, and viral effect that makes it happen. That takes some serious time.

    2. Like all the above have said if you don't have the money to enforce it it doesn't matter.

    3. If its international a lot of the rules don't apply.

    4. If your intent is to raise money or make money you should worry more about making sure you have a contract that says YOU and your company own the technology. Also if you're going down the patent road (which cost tons of money) I hope the idea is an app to read the atoms in the air with your iphone. Read up on patent trolls.

    Investors don't sign NDA'S FYI. There are plenty of blog post on NDA's with pros and cons. But my own opinion is no one is going to be as passionate to execute your idea than you are so work on execution then worry about the NDA later.

    Rich
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  • Profile picture of the author papi70
    thanks warriors.. great answers!
    cheers and to all a GREAT week-end!
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