NDA states to pass all copyrights to the client. Can it be an IR35 issue?

[Wanderer]

I just secured my 1st contract, signed IR35 friendly contract, after few days client suggested to sign an additional NDA agreement (confidentiality) which includes: forbidding similar work for 6 months after contract, taking all copyrights away.

The copyrights thing is not great - if you retained the copyright for your work (and licensed it to them) then I would argue that this is a pointer to being in business rather than a coder for hire but a lot of clients insist that any code you produce is "work for hire" so they own the copyright to it.

As for the restraint of trade, tell them that should have been covered in the original contract and you are not going to vary those terms.

[Donatas]

As with anything, are you willing to walk away and actually do it? If it doesnt suit you or your wants, what are you willing to do about it? If nothing, then save the effort of trying to discuss it.

Its down you and your business, what is your heart telling you?

Yes, i know, Ill be fine i am sure. Lets roll

[scooby]

Valuable answer, cheers.

I will try to nail a bigger lump on money then. So what happens if I ask for it and the agency turns away? Would be sissy asking previous rate back then. How do you manage around such a situations?

Greats

As with anything, are you willing to walk away and actually do it? If it doesnt suit you or your wants, what are you willing to do about it? If nothing, then save the effort of trying to discuss it.

Its down you and your business, what is your heart telling you?

[kingcook]

Sorry for being a bit unspecific, but NDA states 6 months off dealing with direct competitors to a client? Would this still be a point of turning away?

It's all about what is best for you. What will you do when this current contract ends, and there is only 1 gig out there, and that just happens to be similar work to what you're doing now? You face the possibility of being out of work for 6 months (maybe a small chance, maybe not).

If a client tried to force that on me, i would have increased my rate by a hell of a lot to compensate, or like i said above, they can pay me £x/day for those 6 months afterwards.

[TheFaQQer]

Sorry for being a bit unspecific, but NDA states 6 months off dealing with direct competitors to a client? Would this still be a point of turning away?

TA

You need to make a decision based on your situation and what is best for you - not what a bunch of random weirdos on a forum tell you. If you can't do that, then you're not long for the world of contracting.

Are you likely to be working with direct competitors? Do you know who their direct competitors are? Are they specifying anyone in particular? Do you work in a niche? Do you work in a specific industry? If you do, then are you prepared to limit who you can work for? If there was only work with a competitor for a while, do you have enough money to compensate you for not working with them? If a competitor were to offer a meaty role which you really want to do, is the current client offering you enough of an incentive not to work for the competition?

Start thinking about how to run a business.

[Donatas]

"Sure, i'll promise not to do similar work for 6 months afterwards, as long as you're willing to pay me £xxx/day during those 6 months"

Sorry for being a bit unspecific, but NDA states 6 months off dealing with direct competitors to a client? Would this still be a point of turning away?

TA

[TheFaQQer]

IR35 is the least of your problems with that clause. You do realise the consequences of signing it, don't you? I would refuse and see what they say.

WSS.

I've signed an NDA in the past for a few clients. Client owns all copyright for the work I do for them. Anything that I produce in my own time is mine.

I've never had a client try to restrict me after the contract - if they did, then I would want a cash lump sum up-front to sign that.

[kingcook]

I just secured my 1st contract, signed IR35 friendly contract, after few days client suggested to sign an additional NDA agreement (confidentiality) which includes: forbidding similar work for 6 months after contract, taking all copyrights away.

"Sure, i'll promise not to do similar work for 6 months afterwards, as long as you're willing to pay me £xxx/day during those 6 months"

[d000hg]

client suggested to sign an additional NDA agreement (confidentiality) which includes: forbidding similar work for 6 months after contract, taking all copyrights away.

Firstly, neither of those clauses belongs in an NDA. Secondly, you should utterly reject the 6 months thing.
Thirdly - I'd normally expect the copyright to be the client's anyway so check the contract.

Maybe they wanted all these and realised they weren't in the contract, and tried to wriggle them into an NDA... dodgy. PCG do a nice NDA template.

[cojak]

IR35 is the least of your problems with that clause. You do realise the consequences of signing it, don't you? I would refuse and see what they say.

[Donatas]

Hello,

I just secured my 1st contract, signed IR35 friendly contract, after few days client suggested to sign an additional NDA agreement (confidentiality) which includes: forbidding similar work for 6 months after contract, taking all copyrights away.

Would you see any IR35 glitches within such conditions?
Could anyone explain?

Thanks in advance