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Does having people in different countries sign a non compete agreement make it valid?

by jan roos
8 replies
If I have an idea to develop a website but I need the developer to sign a non compete in a different country say India make the agreement valid or not?

How do I go about this?

Cheers
#agreement #compete #countries #make #people #sign #valid
  • Profile picture of the author AmyBrown
    Equally important is that even if the NDA is legally binding, what recourse do you realistically have if it is breached? If you have to travel to go to court and get a judgment or equivalent against someone who may or may not have the resources to pay, then it may not really matter if the NDA is valid.

    All questions for an attorney
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  • Profile picture of the author JonathanBoettcher
    Yeah, I agree with Amy there... nice to have the paper, but what's gonna make it stick?

    If you're dealing with someone in India, perhaps do your best to get personal references from other people who have dealt with that programmer...

    Prevention maybe the best medicine in this case.
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  • Profile picture of the author TaiZ
    First, you will have to understand what the non compete laws are in India. They may or may not have laws like that. Then, like Amy said, even if you suspect a breach, are you going to be willing to take the time and money to travel there.

    If the project that you're developing needs a non compete to be signed, I believe hiring a US based programmer may be the best method. It may be more $$$ But at the same time, you can have peace of mind

    Just my .02

    Tai
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  • Profile picture of the author John-K.
    Originally Posted by jan roos View Post

    If I have an idea to develop a website but I need the developer to sign a non compete in a different country say India make the agreement valid or not?

    How do I go about this?

    Cheers
    You would go about it by including a choice of forum clause in the contract. Thus, the parties will have agreed to where any disputes that arise under the contract will be heard and what laws will apply. If a dispute did arise, you would face the hurdle of proper service though. Then, even if you were awarded a judgment, how would you collect? Sometimes defendants in law suits fail to just write you a check when they lose. Short answer, it would be valid but might not do you any good.
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  • Profile picture of the author jasonmorgan
    Hire somebody in the US, I hear we are in a recession and unemployment is sky high, or something like that.

    Also, I agree with everyone who posted before me. If you think your idea is worth it then you need to bite the bullet and invest in it.
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  • Profile picture of the author Rob Whisonant
    Non compete agreements are only worth the amount you can afford to sue someone. If you can't afford to take them to court then the non compete agreement is not even worth the paper it is written on.

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  • Profile picture of the author MichaelHiles
    Enforcing ANY agreement with an offshored resource is a coin toss. It takes years and even more money than pursuing something in a domestic court.

    Been there, done that.
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