What is the ISDA master agreement?

What are good form agreements for Non-Disclosure Agreement, Master Services Agreement, and Statement of Work to use with an outside developer you hire?

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    I don't have a recommendation of a particular form to use as a starting point, but I would strongly urge you to consult a lawyer to review whatever form you choose to ensure it's tailored to your specific situation and that whatever changes you want to make don't fundamentally alter a court's interpretation of the document.   Your best bet is to hire an experienced lawyer who can make sure that your agreements are saying exactly what you want them to say. In addition, an experienced lawyer will tell you what is standard in these types of agreements throughout the industry, can point out additional issues you may not have considered for inclusion in the agreements, and may even be able to help you negotiate with your outside developer for better terms.   Check out my company,   http://www.priorilegal.com/, when you start to contact lawyers. Priori Legal connects businesses with a network of vetted (20% admissions rate) lawyers at transparent and discounted rates and provides lawyers and businesses alike with a suite of tools to make their interactions as efficient and pleasurable as possible.

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I agree with that this is the type of project where it is helpful to utilize an attorney's services. The good news is that you probably don't need three separate documents. When I prepare a Master Services Agreement for a client, it includes nondisclosure provisions, and it includes a form of SOW to be adapted for each project with the services provider. The bad news (from the perspective of this question) is that you are unlikely to find online any form agreement that (a) is well-drafted and (b) precisely meets your needs.This answer is not a substitute for professional legal advice....

Dana H. Shultz

I would strongly recommend using a good lawyer to form a concrete NDA. However, i must say from my experience that in India, these NDAs hold no value. I am a co-founder of a Mumbai based startup and i had hired a software developer to develop a few applications for my firm. After having signed a NDA, we disclosed information that was vital to my business and the vision. While this software developer was working on creating my product, he himself floated his own competing firm doing exactly the same business i am into. This SaaS provider used all information that i had revealed to use against me and is still doing so as it competes head on with me in this market by undercutting commission (since he know my commission structure to clients) and poaching employees. I visited many laywers in Mumbai and each one of them said that in India, a person has constitutional right to start any business and it cant stop this software company from getting into a competing business even though we have all evidence on how they moved from a software dev company to a service industry just by getting lured in the potential of our idea and vision - because these things cant be protected not even a NDA. There are obviously lot more details to this case but point being - access this developer very well before you outsource this work. Unfortunately, the fellow who cheated us is an ex-IIT IIM and has no morals or ethics who stopped my work midway started his own competing brand and doesnt care to reply to any legal or professional notices!

Anonymous

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