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01-27-2013, 07:59 PM
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nobodyisme is offline nobodyisme
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  Old  Advice on clients, NDAs and moving businesses

I've been freelancing with a view to becoming part of a small design/SEO agency. It's not worked out for various reasons. I have signed one NDA, and one contract saying I can't steal clients, past or present etc.

I am returning to being a freelancer and cutting ties with this company, but one of the clients I brought on board who wants to work with me personally.

Obviously, I cannot take the client and do work freelance for him as it breaches the contract. The client is a friend of one of my friends, so I want to make him aware of the situation.

Is telling the client that I;m leaving in breach of the NDA (i.e. it's not in the best interests of the business for him to know this situation, as he might leave).

Secondly, if I was to work for another separate company, and this client came on board with that company (not me personally, nor a business that I owned), would that be the considered 'stealing' the client in terms of a contract?

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