Hello guys and gals, I need some help from you, just to be sure. I need to hire a part-time programmer to work on my sites. I don't have a company or a LLC yet (can I register a LLC if I am from Europe? I don't know if that works, it may work or not, I need to ask your help). I register myself as an authorized individual and I pay my taxes on profit. I pay per net profit and also pay health and stuff like. I'll pay the vat once I get to an amount of money. The thing is, I don't have a stamp (I can't get one as authorized individual), rather hire someone. I can just collaborate with someone, pay that amount of money and whoever gets it will pay his/her taxes. Is there any possible way to get myself a contract with some simple clauses with the payment per article, with sanctions if you don't manage the deadline and if those articles don't pass COPSYCAPE? Anyone can help me out?
I can tell you how I make "contracts" which are legally binding in the US but I don't know if they would be binding elsewhere. A legally binding contract only requires two adults. (Children can not sign a legally binding contract.) Whether you are a fully-fledged business or have a "stamp" is not the issue, at least in the US. When I invoice through PayPal, I identify all the specifics of the 'contract' including deliverables, requirements (Copyscape in your case), deadlines etc. When the client makes the payment, they are legally 'signing the contract' and agreeing to the terms I specify in the invoice. Granted it does not include clauses about if we were to go to court that the jurisdiction would be mine and other things that many fee for service contracts include. If you want to go the formal route with a full legal document, there are many places online that offer free and small-fee templates. Just make sure that anything you use is legally binding in your country rather than Europe as a whole.
For me, when I hire someone I tell them straight: - I don't want you to Copy something from the web if you write about "play football". - I want you to respect some deadlines - write about the subject, not about what you want and expect to get paid. It's interested that there are a lot of people who want to get paid for cheap/not completed jobs.
I don't understand, farasens...why do you feel that you need a stamp and or to be an LLC? If you do not find what you are looking for, just know that this is not needed in you circumstances. Many, MANY individuals who are in business for themselves do not do this. ... There is no need to do this. You can also just outline your requirements in an e-mail, telling them that by them replying back, and, then them paying, is an agreement they have accepted.
Yes. I understood you now. I just tell them straight in the first mail I don't pay if they don't deliver on time and they copy. But, most of the time they don't do that and they ask for their money because they worked. Most of the times I don't pay them a penny, because they wasted my time and money and it's crazy to pay them anything. Yes, maybe I need to get zero-emotional and that would be cool.
As a writer myself, every now and then I get the same e-mail. I don't mind. It's business. You want mature, responsible writers. Good luck.
That's true. Real business is more about being mature, than anything else. Mature decision and strict ones. As some say "hire slow and fire fast".
YMC has a great idea if you are a writer trying to protect both yourself and the company that you are doing business with, but I am not sure how legally binding it would be. The problem with these kinds of contracts in general is the reality that they have very little real use in a court of law. Cases concerning content seldom go to court because the cost of hiring legal counsel often far exceeds the amount owed or in question. However, it is a good way to protect yourself and your business in the event that something does happen and even better for establishing ground rules and expectations. Legal Zoom offers a free NDA guide and sample templates that you can use for writing your own non-disclosure agreement. The one that I use goes into a little bit more detail than some of the sample templates, discussing the amount that I will pay per article, when payments will be sent, and a clause that certifies that the writer holds full rights to the content.
Most contracts wouldn't work on here since most people are from India on this forum lol, unless you specifically look for writers from the US/UK.
I am far from a lawyer but my guidance in this case actually came from Judge Judy. By making payment, the client agrees in writing to the terms stipulated in the invoice. Since most work being done around here is for less than $5,000 any disputes would be filed in small claims court - at least in the US. I would also suspect it would be easier for either side to dispute the payment with PayPal if the invoice included specifics on the details of the contracted service. A non-disclosure agreement (NDA) has absolutely nothing to do with creating a contract for services. It is a secondary contract for the specific purpose of preventing a service provider from disclosing information they learn while working for the client. Writers and other web workers should carefully read any NDA they are presented with. I had one client provide a "stock template" that would have essentially prohibited me from writing for any site "similar to the client's" (which by definition included two of my own) as well as working for anyone else in the real estate industry. Had I signed it without reading it thoroughly, they could have sued me over two sites I owned before I even met them and theoretically kept me from working with at least two other existing clients.
What was your message Geek Hang? That people from the UK and USA are just naturally better writers? Was it the people from other countries are not as savvy? On what factual basis do your comments come from? If I were from the UK and someone sad that I would be mad. If someone reads this from India or elsewhere, they should speak their mind. Most Indians that write quality content, keep both their words, and that of the contract. Integrity is the word to focus on, A good contract can help enforce. Personal liability insurance is a smart additional option.
I suspect Geek's comments referred the difficulty, if not impossibility, of someone in the US or UK actually being able to sue someone from India (or any other far away country) for breech of contract.
Yeah that is a fairly outrageous comment Geek Gang! I'm English and I take offence! Well, actually I don't care, but I could see a lot of peple being pretty unhappy abut it. Are you a racist or something?
YMC, I can see your point about filing a dispute with PayPal. That might in fact be worth it, and would probably be more effective than any kind of contract. In many states, there is a minimum amount owed in order to file in small claims court. Where I am at, I think that amount is $300. With that being said, disputes over content seldom amount to this much anyway....at least for me. It would probably be simpler and less costly to try to get PayPal to step in and offer a resolution. Unfortunately, I have heard that it is very hit and miss for transactions outside of Ebay. I think all that Geek Hang was trying to say was that many of these transactions include people outside of the US, which means that legal agreements get much more complicated and would be very difficult to enforce.
If you are hiring a writer just to perform some small tasks for you then you do not need a proper contract in place but what you agree verbally or in writing would stand as your contract. I prefer to get it in writing, however I would not give out serious details unless I work for someone. Just performing small writing jobs mean that I will agree the terms in writing via email or PM and then take it from there.
j3rr3my8 was kidding around, EmpowerMedia. And partly giving this meathead, dyadvisor, a jab at the same time. Dyadvisor is in his own little Twilight Zone of a world again. But, even in this country, I can only imagine that having a contract wouldn't do much good in most cases anyway. It may spell out the agreement better, but what is one going to do in the end...actually sue for $30, 60, 100???
Exactly. In some cases, you may be able to draw up a contract and file it yourself, but filing fees and legal costs alone would easily exceed that.
Empower: You brought up indirectly a good point. That is when an OP makes a post and then never bothers to respond back. It is also confusing when someone makes an unclear post, and then someone else tries to interpret (not referring to you YMC). Jeremy knows where I stand, and I know where he stands, so no problem is involved. A few like PR have never had a leg to stand on. A master on none, commentator on all. Back to YMC and the concern with Paypal it is very legit. Recently not Paypal but Yahoo pulled some plugs. The experience with Paypal is often similar to using a credit card. Now if you have a credit card, and use it to buy a material good like a coat, use it, and then want your money back, what will happen? The bank works for their customer, not the merchant. The seller can fill out a 7 page report, and yet the bank's credit card company will get their person their money back. The party who delivered is quite hopeless in the decision. Paypal takes a consumer approach often, but less though if you have a Business Paypal account. However, it can still even mean you could get paid for a job, and have it reversed. This is the trust factor in who you are dealing with comes in. If there is no trust, no business should be conducted. Sort of a buyer beware, seller beware that should not exist, but does. BTW: Perry -- I have run a business(es) for 40 years, starting at age 20. My current corporation is 28 years standing. Again, you shoot from the lip.
Basically, a contract is always binding provided that both parties agreed on a certain terms and they both provide a signature on the contract. It would be best if there is a witness who also signs in the contract. Still this is a case to case basis. It would be best to make a contract that the writer and client would both agree to the terms and conditions provided in the contract. In the end the contract will still prevail. That's the main purpose of using a contract. In order to minimize confusion and disorder. A contract would be the basis of any disruptions.