Legal Question in Legal Ethics in Pakistan
I'm a freelance web developer (WordPress developer, to be precise) working at Elance.com, a freelancing website. Many times I've modified websites of many of my clients on their requests. I'm in Pakistan, and all of my clients are not from Pakistan. Recently, I came across a client, for whome I developed a website. Now, when I've developed the website the client requires me to sign an NDA. This is the first time I've came to know that there exists a document type known as 'NDA'. The client have more projects available for me and he is only willing to give me more projects if and only if I sign the NDA.
He is in USA and I'm in Pakistan. I've googled what is NDA and now I've the basic knowledge of NDA. I said to the client that why is it so that he wants me to sign an NDA when none of my clients ever wanted me to do so? I further said to him that I'm not feeling comfortable with this NDA because I've first time heard of it. He said that it is because he is going to sell the company and he want this paperwork. He said that the buyer (of the company) will feel good that every product has proper paperwork. He further said that this NDA (in this particular case) is a joke. His exact words: In a way, its a joke to even have people outside of the US signing one of these. Because you are sitting in Pakistan and I'm in USA.
Now, questions:-
1) If a client sitting in USA and a freelancer sitting in Pakistan signs an NDA then will this be applicable to me (the freelancer)? Is it possible that I can go to jail in Pakistan just for signing that NDA?
2) Normally, is it safe to sign an NDA? I really don't want the case that I sign an NDA and later I came to know that I've granted all of my property and assets to my client for free.
3) What sort of tricky things can be included in an NDA?
4) What will be the procedure of it? Download the PDf, fill the form, sign the document (the client haven't placed his name and signed it yet. The client side of the form is blank.), scan the document and upload it. Is that the correct procedure?
1 Answer from Attorneys
Any contract whethere done through any electronics means is a Contract. You can be sued for the performance of the agreement in Pakistan, provided that you have signed the agreement and your partner intends to sue you in Pakistan. Important thing is to note in the text of agreement any clause which might bring trouble for you in future. Consult any civil lawyer and show him the document for proper guidence.
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