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Contract with non-disparagement clause
Thread poster: John Fossey

Daniel Frisano  Identity Verified
Switzerland
Local time: 01:56
Member (2008)
English to Italian
+ ...
Pros? Nov 16, 2018

Problem is, most of us generally behave as amateurs rather than pros. We will just sign anything. Try to have a dentist or a plumber sign an agreement of any kind when your hire them, then let me know their reaction.

I admit I have signed my share of NDAs and other crap in the past, often without even reading. I stopped long ago.

Can't see it changing though, not anytime soon. Clients (especially agencies) are too used to us yielding to any request just to land a job. W
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Problem is, most of us generally behave as amateurs rather than pros. We will just sign anything. Try to have a dentist or a plumber sign an agreement of any kind when your hire them, then let me know their reaction.

I admit I have signed my share of NDAs and other crap in the past, often without even reading. I stopped long ago.

Can't see it changing though, not anytime soon. Clients (especially agencies) are too used to us yielding to any request just to land a job. We are far, far away from calling ourselves "professionals".

Being a pro is much more than just charging for what you do.

[Edited at 2018-11-16 01:22 GMT]
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Eliza Hall
Gareth Callagy
Daryo
Sheila Wilson
 

Thomas T. Frost  Identity Verified
Member (2014)
Danish to English
+ ...
How Proz views such clauses Nov 24, 2018

I had asked Proz support if they consider clauses like the one below (slightly edited) to be in violation of Blue Board rule number 8.


The supplier shall not publish or divulge the existence of any relationship with Acme Translation Corporation Unlimited* without the prior written consent of Acme Translation Corporation Unlimited*, which consent may be withheld at the sole discretion of Acme Translation Corporation Unlimited*.


Here is the reply (with identifying information removed):


Please note that due to the reason that similar clause is not uncommon nowadays it is not necessary to be in violation of the rule #8, unless you have been directly forced by the company to take some actions related with your LWA entry. In such case, you may report this and ProZ.com Staff will have this checked.

However, as a service provider would have to agree to the contract before working with the company and such clause may restrict service providers' ability to provide negative feedback the following note has been added to a Blue Board record “{outsourcer name}”:


“Please note that this company may require its service providers to agree to a non-disparagement clause in its terms and conditions.”


This would allow Blue Board visitors evaluating the company before working with them to take that into account.

Therefore, you may report such cases to have Blue Board visitors informed.


The note is quite discreet. One has to click on the link shown below. As far as I remember, such notes were more prominently displayed in the old Blue Board.

Capture

*) Fictional name.


 

Sheila Wilson  Identity Verified
Spain
Local time: 00:56
Member (2007)
English
+ ...
Hmm... Nov 24, 2018

Thomas T. Frost wrote:
Here is the reply (with identifying information removed):

Please note that due to the reason that similar clause is not uncommon nowadays it is not necessary to be in violation of the rule #8, unless you have been directly forced by the company to take some actions related with your LWA entry. In such case, you may report this and ProZ.com Staff will have this checked.

However, as a service provider would have to agree to the contract before working with the company and such clause may restrict service providers' ability to provide negative feedback the following note has been added to a Blue Board record “{outsourcer name}”:

“Please note that this company may require its service providers to agree to a non-disparagement clause in its terms and conditions.”

This would allow Blue Board visitors evaluating the company before working with them to take that into account.

Therefore, you may report such cases to have Blue Board visitors informed.

That appears to mean that ProZ.com will take no action unless/until you actually make a BB entry -- something which would render you in breach of contract and in a position to be sued. Isn't that rather too late?


The note is quite discreet. One has to click on the link shown below. As far as I remember, such notes were more prominently displayed in the old Blue Board.

Capture

*) Fictional name.

So, when it was a highly unusual practice, it was made clear to all. Now that it's becoming far more common for our clients (remember - they aren't our employers, however much they like to play the boss) to issue gagging orders, the warning has effectively been hidden. Again, not the best response from ProZ.com, IMO.


 
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