| Pages in topic: [1 2] > | NDA signed by witness Thread poster: sazo
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sazo 
Croatia
Local time: 20:13
Member
German to Croatian
+ ...
I was approached by a US-based translation agency offering me a collaboration. I received their NDA which should be signed and sent back. I don't mind signing NDAs, but this agency had a very unique and peculiar request I am not feeling comfortable about - they want me to have it signed by a witness as well who has to be over 18 and shouldn't be a member of my family. I am not sure what to do. Have you ever experienced something similar? Thanks.
| | | | Sheila Wilson
Spain
Local time: 19:13
Member (2007)
English
+ ...
Sounds highly odd to me, but I'll leave others to comment further. Just a question that I'm sure they will be needing the answer to:
Is there anything particularly unusual about this assignment? Is it particularly sensitive material?
On the other hand, if it is particularly sensitive, why are they sending it to a (presumably) non-US citizen, living abroad?
| | | | Woodstock (X)
Germany
Local time: 20:13
German to English
+ ...
| Unusual, I think, | Feb 28, 2013 |
but it seems to me that the company may have had a bad experience in the past and is making doubly sure that you are who you say you are. Scams have gone both ways, hitting both outsourcers and vendors. From my (American) perspective, I would say don't worry about it - I can understand that a particularly careful company in my native country might want to take extra precautions of this type, but don't do it if it goes against any of your own beliefs/principles, of course.
| | | | 564354352 (X)
Denmark
Local time: 20:13
Danish to English
+ ...
| Is there any harm in it? | Feb 28, 2013 |
I'd never come across this situation myself until today, when I read a new contract and was about to sign it when I noticed the requirement that it be "signed in the presence of...". In my opinion, it's a bit of a nuisance, but I can't see any harm in it. You could get anyone to sign it, the postman, your neighbour, your fitness instructor, no big deal.
What does puzzle me, though, is that a company who doesn't know me and doesn't know anybody I might get to confirm my signature, or... See more I'd never come across this situation myself until today, when I read a new contract and was about to sign it when I noticed the requirement that it be "signed in the presence of...". In my opinion, it's a bit of a nuisance, but I can't see any harm in it. You could get anyone to sign it, the postman, your neighbour, your fitness instructor, no big deal.
What does puzzle me, though, is that a company who doesn't know me and doesn't know anybody I might get to confirm my signature, or indeed anybody whom I might submit as a reference, if required, will automatically consider these 'third parties' more reliable than me, with whom they have already started negotiating. I never understood that...
[Edited at 2013-02-28 11:50 GMT] ▲ Collapse
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sazo
Croatia
Local time: 20:13
Member
German to Croatian
+ ...
TOPIC STARTER
Sheila Wilson wrote:
Sounds highly odd to me, but I'll leave others to comment further. Just a question that I'm sure they will be needing the answer to:
Is there anything particularly unusual about this assignment? Is it particularly sensitive material?
On the other hand, if it is particularly sensitive, why are they sending it to a (presumably) non-US citizen, living abroad?
I didn't even do the test translation which is a prerequisite for receiving any assignments.
| | | | Emma Goldsmith
Spain
Local time: 20:13
Member (2004)
Spanish to English
Yes, once I was asked to sign an NDA in the presence of a witness. I asked my neighbour to do it for me. A bit strange, but it was an interesting job so I went along with it.
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sazo wrote:
I was approached by a US-based translation agency offering me a collaboration. I received their NDA which should be signed and sent back. I don't mind signing NDAs, but this agency had a very unique and peculiar request I am not feeling comfortable about - they want me to have it signed by a witness as well who has to be over 18 and shouldn't be a member of my family. I am not sure what to do. Have you ever experienced something similar? Thanks.
Is there an actual job involved here or is it just an NDA to be "included in their database"? If it's the latter I'd say thanks but no thanks.
| | | | Sheila Wilson
Spain
Local time: 19:13
Member (2007)
English
+ ...
| Agree with TransAfrique | Feb 28, 2013 |
sazo wrote:
I didn't even do the test translation which is a prerequisite for receiving any assignments.
So they want you to do this just to be put on their database? Well, I personally would certainly want to ask them about it, rather than just obediently carrying out their instructions. If you're confident about the agency after that, all well and good; but I'm inclined to agree with TransAfrique's reply of "Fishy".
I guess you just have to follow your nose on this one, asking yourself if it's the type of relationship you want to get into. I just wonder how much hassle they're going to put you through in the future, with this, that and the other over-the-top requirement: will they just pay you when you present your invoice? Or will you have to follow exact, complicated procedures that are easy for someone living over there but not for you? But maybe I'm just becoming a grumpy and cynical old woman!
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| Seems a bit pointless ... | Feb 28, 2013 |
I can't see that it would do you any harm, but it all seems a bit pointless to me. Even if you did get someone to witness your signature of the NDA, how would the agency know the identity of the witness any more than they know your identity?
Perhaps, before going any further with them, you should make sure that they accept your terms of payment and so on? It might save you wasting any more time on them.
Best of luck
Jenny
| | | | Jean Lachaud
United States
Local time: 14:13
English to French
+ ...
| There's a word for that: | Feb 28, 2013 |
Lawyers run amok.
| | | | sazo
Croatia
Local time: 20:13
Member
German to Croatian
+ ...
TOPIC STARTER
Jenny Forbes wrote:
I can't see that it would do you any harm, but it all seems a bit pointless to me. Even if you did get someone to witness your signature of the NDA, how would the agency know the identity of the witness any more than they know your identity?
Perhaps, before going any further with them, you should make sure that they accept your terms of payment and so on? It might save you wasting any more time on them.
Best of luck
Jenny
Thanks for all your pieces of advice. The negotiated payment terms and rates suit me fine. That's why I'm thinking of asking them to send me the text of the test translation before I have have the NDA signed by a witness.
| | | | Stephen Franke
United States
Local time: 11:13
English to Arabic
+ ...
| Agree wth other respondents that that additional requirement is fishy or flaky | Feb 28, 2013 |
Greetings.
Agree wth other respondents that that additional requirement is fishy or flaky, especially if that stops your consideration.
Regards,
Stephen H. Franke
Arabic English
San Pedro, California, USA
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Germaine
Canada
Local time: 14:13
English to French
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Gitte Hovedskov Hansen wrote:
What does puzzle me, though, is that a company who doesn't know me and doesn't know anybody I might get to confirm my signature, or indeed anybody whom I might submit as a reference, if required, will automatically consider these 'third parties' more reliable than me...
[Edited at 2013-02-28 11:50 GMT]
LOL That's a mystery to me! I saw lawyers asking for a signed scan of a signed identity card (usually the driver licence), the whole countersigned by a commissioner for oaths, before even beginning a due diligence. You'll be asked for a "signature guarantee" (usually your banker or your broker) for subscribing shares - and paying big bucks for these. So what's the point here, if the babysitter can do the job?
There is this pub on television right now in Quebec: we read the labels before buying any products, check out all sort of little things for our safety or comfort or before engaging in any activity, but trust a perfect stranger with our life savings without a question if his/her name is followed with "financial adviser"...
| | | | inkweaver
Germany
Local time: 20:13
French to German
+ ...
Personally, I wouldn't bother. Not only does the whole procedure seem completely pointless, I found that the more red tape an agency has the less it is worth the trouble. But, as I said, that's just my 2 cents...
| | | | | I wouldn't have any problem per se | Mar 1, 2013 |
with signing an NDA in front of a witness but the thing that's weird about this request is that they have no way of identifying this witness, as some others have said.
I mean, what's to stop you signing your name and then putting a squiggle in the witness box and making up a witness name? In addition, even a mafia boss would be able to convince someone to witness their signature so it's not in the slightest way proof of honesty or professional integrity.
That's what makes this 'proc... See more with signing an NDA in front of a witness but the thing that's weird about this request is that they have no way of identifying this witness, as some others have said.
I mean, what's to stop you signing your name and then putting a squiggle in the witness box and making up a witness name? In addition, even a mafia boss would be able to convince someone to witness their signature so it's not in the slightest way proof of honesty or professional integrity.
That's what makes this 'procedure' so apparently pointless in my mind.
Again, I agree with comments some others have made about the fact that usually quantity of paperwork is inversely proportional to the quantity of paid work.
The solution I would propose: explain that you are willing to sign the NDA upon receipt of the first translation job. I would do this across the board. This will at least prevent you from wasting your time with reading and signing reams of paperwork, just to never hear from the agency in question again. ▲ Collapse
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