July 10, 2008 3:25 PM EDT
A NDA is ok to use, however, I can think of two situations which could be troublesome:
(1) What one person may think is proprietary may not be.
(2) If the description of the proprietary information is very broad.
If the designer and you do or don`t end up working together and you find the designer has created a site for another party with what is defined as proprietary under # 1 or #2 above... under your NDA you would get damages + after a court proceeding. No one wants to go to court or even pay a lawyer to settle such a matter... expensive and if your proprietary info is not in fact proprietary or is defined so broadly as to include non-proprietary content only the lawyers are going to benefit.
I would hazard to say that any reputable web designer would (1) respect truly proprietary information (2) always keep discussions with clients and potential client confidential and (3) tell you if what you think is proprietary is not (if they have seen it another place).
vwebworld7/10/2008 8:29 PM
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