๐Ÿ”Ž
 Hire Remotely Forum Advertise New Nomad Insurance New Coliving NewCommunity Dating Chat Remote Jobs 8 
  Home  Your profileโš™๏ธ  Settingsโค๏ธ  My wish list
๐Ÿก  Cities๐Ÿ‡ณ๐Ÿ‡ฑ  Countries๐ŸŒ  Community๐Ÿ‘‹  Dating New๐Ÿœ  Explore๐Ÿ’ฌ  Chat๐Ÿ—ฏ  Forum
๐Ÿ“ธ  Vote on photos๐Ÿ’ก  Request features๐Ÿ”ฎ  Random place๐Ÿ’ธ  Retirement (FIRE)๐Ÿ”Œ  Bali sea cable status๐ŸŒค  Climate finder New๐Ÿ“Š  Travel trends๐Ÿก  Real estate overseas
๐Ÿ‘ฉโ€๐Ÿ’ป Remote jobsโœˆ๏ธ  Airlines๐Ÿ—บ  Neighborhoods๐Ÿ  Coworkations๐Ÿฌ  Coworking spaces๐Ÿ”–  Incorporate๐Ÿก  Coliving๐Ÿš‘  Insurance
๐Ÿ“ฃ  Advertise๐Ÿ™Œ  Open Startup๐Ÿ’  Help
Legal Chat

All Channels
Join Nomad List to chat
# ___general5s# _taxes-us3min# _relationships12min# thailand14min# _housing16min# _lgbt40min# _food44min# south-korea1h# vietnam1h# _books1h# georgia2h# costa-rica2h# _flying2h# _coders2h# _bargain-travel2h# bulgaria2h# _pets2h# _startups3h# lisbon4h# australia4h# sri-lanka4h# hong-kong4h# india4h# _design4h# __roll-call5h# colombia5h# new-zealand5h# new-york-city6h# _gear6h# mexico6h# taiwan6h# japan7h# kuala-lumpur7h# _money8h# bali10h# _photography10h# argentina12h# _music12h# ukraine13h# italy14h# israel15h# china16h# estonia17h# spain17h# _politics17h# south-africa18h# _productivity19h# guatemala21h# brazil22h# ecuador22h# morocco1d# egypt1d# _fitness1d# germany1d# canada1d# _legal1d# _crypto1d# nicaragua1d# _jobs-talk1d# puerto-rico2d# _freelance2d# berlin2d# philippines2d# malaysia2d# chiang-mai2d# france3d# medellin3d# poland3d# peru3d# budapest3d# portugal4d# singapore4d# _marketing4d# _show-and-tell5d# _outdoors5d# malta5d# russia5d# _taxes-intl6d# _overland-travel6d# paris6d# denmark6d# _insurance6d# uruguay7d# lithuania7d# cambodia9d# united-states9d# amsterdam9d# dominican-republic10d# greece10d# switzerland11d# slovenia12d# qatar12d# london13d# cyprus13d# panama13d# united-kingdom14d# montreal15d# las-palmas15d# miami15d# chile15d# romania15d# croatia15d# tel-aviv15d# netherlands16d# europe18d# austin20d# __jobs22d# _ruby22d# kazakhstan22d# turkey23d# serbia24d# _language-learning25d# middle-east26d# sweden26d# africa27d# prague27d# slovakia28d# _javascript29d# toronto30d# myanmar1mo# latvia1mo# indonesia1mo# norway1mo# bolivia1mo# latin-america2mo# north-korea2mo# laos2mo# iceland2mo# ireland2mo# macedonia2mo# montenegro2mo# asia3mo# _dating3mo# iran3mo# mauritius3mo# belgium3mo# moldova3mo# austria3mo# san-francisco3mo
scpalrjew17d
DM me your contact info please. Will connect with a potential ghost write.
uypufutjyn16d
A company is asking me to sign their NDA after I've worked with them for over a year (they are being acquired, so need to complete all the diligence stuff). It's asking me to non-compete, but the compete directly overlaps with a side project I run. It also makes claim to any work I do in the course of the engagement (inventions) but I work maybe 2 days per month for them. They want it signed in 2 hours, I don't have legal people. Any advice?
camcuvurie16d
Non-competes are bs and have no legal power basically anywhere
wfluxmigjz16d
Ask for a change so that only the work that's done specifically under their requests is considered their IP, and not everything done during the course of the engagement
fbjnqbqygug16d
Are you an employee or contractor? Also what country is the employer in?
eimeqexwst16d
Non-competes are also different. There are non-competes that prevent you from providing services to companies offering services to the customers of your current client, and there are non-competes that prevent you personally from providing services to the customers of your current client. If it's your side project you might get away with signing a (1) non-compete clause. It's bs anyway, but will get you signed
qvblmweevx16d
Contractor through upwork with an additional agreement. Employer is in US
tntqqfvyyn16d
Also have a direct agreement with a Swiss company that also has non-compete in it, but it's even funnier. Can't disclose either agreements, unfortunately
xgjjefabovz16d
I meant for U08RQRT0C. Being an employee can make things a bit more complicated sometimes.
vwyiknscda16d
Oh, sorry, yeah
kdarfpghzr16d
I am a contractor only, but its written to cover employee and contractor which is why I dont like the wording
tfbdllriyyo16d
That should be easy to fight back on. The wording sounds much more like it's intended for a full-time salaried employee, where you basically "belong" to your employer.
uyrzwpzodrw16d
Is the company in the US? If so, what state?
neysswwruq16d
Based in Taiwan, so ๐Ÿคทโ€โ™‚๏ธ
fmwjaxzacv16d
If a couple articles I looked up are to be believed - you then should be entitled to a 50% of your average wage comp per month for the duration of the clause, and the NCC should be limited by time, geographical area and scope.
wgdqwcnkmo16d
Well that sounds great, not sure if they'd go for it though
jjihcwjnjt16d
Where'd you read that?
fqfxbbqsey16d
They've missed out geographical scope in this NCC
eplngembom16d
lexology .com/library/detail.aspx?g=2cc99f65-ed4c-481a-b766-8637a078cbfd
natlawreview .com/article/non-competition-clauses-under-taiwan-law
(same article essentially)
dhcvwxkvrg16d
law .moj .gov .tw/ENG/LawClass/LawAll.aspx?pcode=N0030002
Here's the Gov website. See Article 7-1 through 7-3
(sorry for the whitespaces, damn this 90-day thing)
vcubtdubvw16d
mate that is so helpful
nvaenxsczm16d
You're welcome, props to hdcquzktzeev for actually asking the company location.
Also, make sure that the jurisdiction listed in the agreement is indeed Taiwan
lxjhutsdij16d
Yep the jurisdiction is Taiwan, its the only place its mentioned.
akubfijcxh16d
Also, be mindful that foreign court procedures are usually very costly
And you might end up being "in the right" but not being able to enforce it. So it's a difficult road.
nyzaqmlxue16d
So my terms of business are null and void if I sign this?
yrfegpzmsbw16d
US rules are weird and annoying, but I feel like I Kno at least a tiny bit about them. Taiwan, no clue...
agtkombfkp16d
I'm not sure if Taiwanese law invalidates the whole agreement if one section contradicts the law, or only an article does, or only that section.. This is the area where a lawyer might be useful
etftuqomqgh16d
Agree that a lawyer would be helpful. An agreement like that in Massachusetts could mean a whole lot of trouble for both you and the employer, but could be a different story in other states. US stuff is also easily googleable even if that stuff isn't 100% accurate.
ovqhrnfhecm16d
If you can afford lawyer to review for even an hour, it could be money well spent.
pzgscfnluc16d
I went back to them and asked for payment for the next 2 years for the NCC
ytvvrfwxwh16d
They said they would remove it ๐Ÿ˜‚
mnafjvkdxf16d
evlnbuovcd16d
Glad that it resolved it ๐Ÿ˜†
nwzwtcnqvlmt11d
Certainly not at this time of year! ๐Ÿฅถ
fdlmzmzjqokg11d
Ignore, wrong channel man-facepalmingskin-tone-2
zpjjmsmgwq7d
Kinda a legal question. I had a client who messed me about with payments, so I changed my business terms to say a late payment fee of 10% of invoice sum will be fined for every week an invoice is overdue. I assumed a fine so stupid would never be needed and it's worked for years. But now I have a client who is overdue, and to be honest, I hate this client, and I'm doubtful I'll ever work with them again. So I want to apply the fine. Do I:
a) Re-issue the invoice with the overdue amount included
b) Generate a new invoice for the overdue amount
c) Something else?
yfbhlupkfhx7d
If your agreement is written in a way that allows it, i would just say they're in default and work will be stopped until the invoice is paid.
hgtkuywqhre7d
Depending on your leverage, you could also ask them to switch to "banked hours", where they prepay for a block of hours and you work against that
ryeztbukpt7d
Unfortunately the job is done, so nothing more to do and I don't want to work with them/doubtful they will ask to work with me again (organisational changes)
vthmgbcjq7d
Send out a billing statement showing the invoice amount, current past due amount, and just reissue those monthly and send to them
oybyxhbxbb7d
So would I add the late fees to my books with a new invoice ref?
kebchkcsc7d
Nope you would normally revise the invoice with the new amount
izwu7d
ggtvxaujvdz 10% a week is very likely illegal, if youโ€™re in the US, FYI
gvgqnxeydl7d
Thanks kjgvg I'm in the UK, and from what I can see, it is legal, although by stating my own late payment terms I opt out of the statuatory terms (which is around 10% pa)
uprn7d
clemspeczde Iโ€™d do a bit more research. Iโ€™d be really surprised there arenโ€™t restrictions on that type of behavior, which would be considered unconscionable in almost any developed economy.
bxay7d
Iโ€™m not licensed in the UK, so canโ€™t speak with certainty, but these types of restrictions internationally are commonplace, and partly intended to thwart usury, etc.
vsqk7d
Everything that Iโ€™m reading seems to indicate itโ€™s even more restrictive than most US states.
ggvf7d
With explicit recovery fee limits (beyond interest)
rxkh7d
You can ask for anything, of course, but the courts will almost assuredly strike down those terms of unjust enrichment
mlzqibqxdr7d
www.lovetts.co.uk/hubfs/documents/late_payment_guide.pdfbr />Yes "substantial" but the interest equates to about 1-2 hours of my time per week, which I think is reasonable tbh. But if not, and it goes to court, then it falls back to Statutory
pmvyjmylhm7d
And if its statutory, they allow for costs - just engaging a solicitor and getting them to send letters and chase up is a few hundred quid a throw
srfwszisdj7d
Appreciate the advice though ๐Ÿ™ Have issued them a statement of account and will go from there
rccz7d
There is not a court in a developed economy thatโ€™s going to allow for >500% interest per annum
ojdx7d
1-2 hours of your time per week is not a measure of reasonableness
ztnt7d
If you brought that before a court, you would likely be scolded and maybe even penalized
tojr7d
Do what you think is best, but you seriously might want to consult with a UK solicitor so you donโ€™t prejudice your claim. 10% per week is so over the top, it will likely be considered bad faith and perhaps even fraud. Itโ€™s loan shark level debtor terms.
lakt7d
Judges are afforded a lot of discretion in these types of cases, and if a client came to me with this, Iโ€™d strongly advise them against imposing some onerous terms lest they prejudice their own case.
pmqkjzvymdvk7d
Iโ€™m a US-based company and 10 years ago, I had a contract with a UK company, who was always late in paying invoices. I wanted to make them sign a new contract with late fees and my attorney looked into it and the limit was something like 6% annual (I donโ€™t remember the exact amount but it was somewhere near there). Eventually, the client never paid, I sued, they defaulted, I never got my money. From that client on, I required full payment to receive final deliverables on any project.
qkve7d
As a suggestion, try implementing a flat โ€œinvoice carry over feeโ€ or something similar. Thatโ€™s likely to get struck down, but you might have a better chance. A 10% weekly interest charge is facially excessive, though, and the courts will likely consider it offensive. You donโ€™t want to come across like a crook to the courts, and this isnโ€™t even borderline.
oifesoammq7d
Fair enough
nndgltiwpw7d
Appreciate the insights
yqswxjbmas7d
I have been searching for a few hours now for examples, and they all seem to say, if you have it in the contract and its been signed, then thats that
vndf7d
Iโ€™m not sure what youโ€™re reading, but there are explicit statutory provisions against this.
ohzf7d
To be clear, Iโ€™m not saying youโ€™re a crook - I understand your frustration
tndx7d
(And the desire to have FU terms)
adztxcuaml7d
I've gone through the statutes and the GOV legal pages and there are no statute provisions that I can see that relate to this in the UK
bspm7d
Just saying, these are terms that wouldnโ€™t fly in any developed economy. The standard you would have to surpass in terms of the other partyโ€™s sophistication would be out of this world, for the courts to accept they could possible disclaim their rights to this degree.
oqdulfveps7d
If you can find something, that would be awesome. I have a minor legal education so like to think I would be able to find it or understand it if I saw it
turi7d
What do you mean? There are tons of codified statures related to interest and recovery.
yuim7d
Iโ€™m not licensed in the UK (I am in other jurisdictions)
qslz7d
But the UK restrictions are all more restrictive than most US jurisdictions
ujti7d
Iโ€™m on my phone right now, but when I return to my computer later this afternoon Iโ€™ll find specific legislation
bpwx7d
The notion that there are no restrictions, though, shouldnโ€™t pass the sniff test. This is the UK, not Liberia.
icwuqvyiap7d
Thanks! Here's the legislation I found - www.legislation.gov.uk/ukpga/1998/20/pdfs/ukpga_19980020_en.pdfbr />Under Part 2, 8.5
```Subject to this section, the parties are free to agree contract terms which deal with the consequences of late payment of the debt.```
plqf7d
Sure, thatโ€™s always the case, but reasonableness dictates limits. Even in the absence of statutory restrictions, courts in common law districts have jurisprudence and judicial precedent, either explicitly, constructively or through implication.
eulm7d
From a prudential perspective, does it make sense to allow for 10% late fees added p/ week? Even outside of trade, that runs afoul of basic concepts of usury.
dnts7d
(Iโ€™m still not in front of a computer btw)
ijyf7d
khuhmrrxppn I just heard back from a colleague licensed in the UK. They said the jurisprudential consensus is a deep reluctance to go beyond the statutorily mandated amount (IIRC, it was around 8 per annum). Regardless of agreement, it would get modified. Re the 10% p/w, the response was โ€œlol, not a chance.โ€ You might be able to eek out something slightly north of the statutory rate, but 10% weekly is comically excessive.
ixkkucutdr7d
Cool, thanks, hopefully their accounts team don't know that and pay in full ๐Ÿ™‚ The statutory rate seems comically low, c.10% pa per year, or maybe my hourly rate is too high, as it barely makes chasing it worth my time
unll7d
Well, if you can justify to the courts that youโ€™re spending 2 hours of your time a week trying to recover, then you could probably argue it on a quantum meruit basis
oiys7d
Most companies donโ€™t spend 8 hours a month chasing a single invoice
cdel7d
But if you are, and can justify it, you can absolutely charge it as a recovery fee
ocbi7d
Making it part of the agreement, though, even as a liquidated damages fee, will be considered unconscionable
itbvhmtik6d
If theyโ€™re a bigcorp do the opposite and offer a 1% discount for 5 day payment.. lots of big orgs have a rule that they canโ€™t refuse any discount.
Itโ€™s weird but it works
elrmgbb6d
Iโ€™m releasing a desktop app that lets people log in to servers and edit files (as a basic description) and am planning on using sendowl to handle payments, so the only user information I need is an identifier (email address, so I can check subscription with sendowl)

Will be setting up a new UK based company to accept payments, and Iโ€™m guessing, get some product liability insurance

Would anyone be able to advise me on what sort of legal documents Iโ€™ll need for this? Also whether people will have to explicitly agree (button/checkbox)?
rticciqr6d
You might be able to ask a lawyer for free in the UK. Theyโ€™ll just charge for the documents themselves. At least thats how it was for me in Australia. Just ask upfront to be sure
aqemtjm6d
Nice idea, thank you!
nuerdlloy4d
I'd say this is a heavy form of premature optimization
cfmjkcztb4d
First launch, get customers, then get a company if you're doing over $30k in sales
svdvazrmr4d
Unless u need a company for payments
wpiwiucsn4d
But a sole trader would work for that too
uphqhtplw3d
So I would disagree and say form a company as a liability shield. Itโ€™s cheap and quick in the uk and us
zlcddebqm3d
Highly recommend Stripe Atlas if youโ€™re looking to incorporate in the US
daukvyhcx3d
Lmk if you need an invite
ftfaqrv3d
Thanks for the offer! I think Iโ€™m gonna stick to the UK for this one
dagblai3d
The idea of getting a company was to make it easy to pay people - as itโ€™s myself and a friend and weโ€™re also both self employed. It also protects our own personal self-employment companies from any liability, and itโ€™s quick and cheap to setup
rcsrowoewepvz2d
UK companies are quick and cheap to set up? That's interesting, I almost never hear of people incorporating there and assumed it would be arduous.
ynrgjabxi2d
Very. You fill out a 5 minute form, pay ยฃ12 and the company is ready to go within 24 hours max.
lnnbefajrtcyw2d
That's awesome
credfkycrs1d
i second that but US companies are #1 just due to compatibility with payment processors & all sorts of software
โ€นโ€บ
×
USD โ”€ $
ยฐF

by levelsio

โœจ To see all results
Sign Up
Log In