When “Take It or Leave It” Means Run: A Cautionary Tale About Performek Inc and Demandlane
IMPORTANT NOTE: This article documents a real experience with actual communications, contract terms, and dates. All claims are supported by screenshots and documented evidence. This is not opinion—it’s a factual account of predatory hiring practices.
Updated: October 31, 2025
I recently walked my son through a months-long hiring process with Performek Inc (operating as Demandlane), a US-based company that claims to develop chatbot and AI software. What started as a promising opportunity turned into a masterclass in recognizing toxic hiring practices and predatory contract terms. I’m sharing this story so you don’t waste your time—or worse, sign away your rights.
The Setup: Everything Seemed Legitimate
It started on LinkedIn, as many opportunities do. My son received an invitation from “HR Pak X” to interview for a Data Analytics Intern position. The company seemed professional:
- They conducted 4 separate interviews over several weeks
- Communication was consistent and responsive
- They asked detailed questions about his skills, availability, and expectations
- They seemed genuinely interested in his background (TOEFL 517, relevant portfolio, Python and SQL experience)
- The job description mentioned “extension & promotion opportunity based on performance”
The timeline felt normal. My son invested time preparing, gathering documents, following up—doing everything a serious candidate should do. He was excited.
Then came October 14, 2025. After weeks of waiting, they finally sent the offer letter.
The Red Flag Factory: What the Contract Revealed
When I reviewed the Performek Inc Professional Services Agreement, I immediately flagged several major issues:
1. Exploitative Non-Compete Clause (Article 7)
For an internship position paying IDR 35,000/hour (~$2.20 USD), they imposed:
- A 5-year global non-compete during employment plus 1 year after
- Coverage of “anywhere in the world” (the “Restricted Territory”)
- Prohibition from working for any “competitor” or doing similar work
- Restrictions on starting his own company, acquiring shares, or soliciting clients
- Liability for damages if violated
Context: This type of clause is typically reserved for C-level executives or senior technical roles with access to trade secrets and proprietary systems. For an unpaid or low-wage intern? It’s unconscionable.
2. 100% Intellectual Property Transfer (Article 6)
The company claims exclusive ownership of all intellectual property my son creates, including:
- All software code (source and object codes)
- Database structures and sui-generis rights
- Design elements and visual characteristics
- Any future derivatives or improvements
- “For the entire duration of protection provided by law and with no territorial limitation (worldwide)”
He gets zero compensation for this transfer beyond his hourly wage.
3. Vague “Full Satisfaction” Performance Standard (Article 1.1)
The contract requires him to perform work “in due time and to the full satisfaction of the Beneficiary.”
“Full satisfaction” is subjective and unquantifiable. This gives the company unlimited power to claim work is unsatisfactory, extend the contract indefinitely, or terminate for arbitrary reasons.
4. Aggressive Confidentiality (Article 5)
A 5-year confidentiality obligation survives even after employment ends. While reasonable confidentiality is normal, the breadth here is extreme and includes information that may not even be confidential.
5. Unlimited Hours with Vague Expectations (Article 1.4)
The contract states he must “allot to the performance of the Services the required number of hours so as to ensure the highest quality standards.”
The actual hours are never defined. Combined with the “full satisfaction” clause, this means unlimited work could be demanded.
6. One-Sided Termination (Article 8.1.3)
They can terminate with just 10 calendar days notice if they claim a breach, but the 5-year non-compete survives termination. He’s locked in; they’re not.
The Second Red Flag: Refusal to Negotiate
My son is a thoughtful, professional person. Rather than simply accepting the contract, he did what any responsible professional should do: he asked for clarification.
On October 30, 2025, he sent a reasonable amendment request to “Pak X” (the HR contact) and Mr S (also HRD) asking for:
Amendment 1: Working Hours and Availability
- What is the expected work commitment (hours per week)?
- Is it flexible based on task completion?
- What’s the actual daily/weekly schedule?
Amendment 2: Other reasonable clarifications regarding compensation structure and flexibility
These are not outrageous asks. They’re basic questions any employee should ask before signing a contract. His tone was professional and respectful.
The response arrived at 9:02 AM on October 31, 2025:
“Hi M (M is my son), just got a confirmation. We will not change a single word on the agreement. Because everyone in the company sign on the same thing. So its a take it or leave it.”
Let me be clear: This is not how professional companies operate.
Legitimate organizations:
- Allow reasonable discussion about contract terms
- Clarify ambiguous language
- Respect candidates enough to explain policies
- Understand that good employees ask good questions
Companies that refuse any modification are either:
- Running a scam
- Planning to exploit workers and don’t want written evidence of alternative agreements
- Completely unprofessional
- All of the above
The Third Red Flag: The Threat
My son politely declined the position, sending this professional message:
“Hi Pak X, thank you for the opportunity, but I’ve decided to decline. I appreciate your understanding.”
A normal company would respond with: “No problem, best of luck!” or “We’d love to reconsider if circumstances change.”
Instead, at 8:58 AM on October 31, 2025, came this message:
“ok. FYI, this behavior will be recorded and impact your future opportunity with us & our founders circle. so Goodluck with your career”
Let that sink in. They threatened to blacklist him within their network for… asking questions and declining an exploitative offer.
This is not a warning. This is a threat. This is retaliation. This is also evidence of:
- Poor company culture
- Unprofessional leadership
- Hostile work environment (even before he would have worked there)
- Potential legal violations (depending on jurisdiction)
What Performek Inc Actually Is
After some research:
- Performek Inc: US company, 3279 Phillips Road, Lafayette CA 94549
- Demandlane: The “brand” they operate under (as confirmed in the conversation: “Yes. Demandlane is the brand. Performek is the company”)
- Hiring Contact: “HR Pak X” (appears to be a recruiter or HR person)
- Key Contact: “Mr. S” (appears to be decision-maker on contracts)
- Business: AI/chatbot software development, marketing automation
They specifically recruit from Southeast Asia (my son is in Indonesia) and target younger workers who may be less likely to push back on poor terms.
Why This Matters: The Pattern
This isn’t one mistake. It’s a pattern:
- Recruitment targeting: They specifically recruits from countries with lower wage expectations
- Slow-motion stringing: Multiple interviews over weeks, building emotional investment
- Extreme contract terms: Designed to lock people in with no exit
- Zero flexibility: Explicitly refuse any negotiation
- Retaliation: Threaten candidates who decline or ask questions
This is textbook predatory hiring.
Red Flags Every Freelancer and Early-Career Professional Should Know
Based on this experience, here’s what to watch for:
Contract Red Flags
- Non-competes that exceed the role’s seniority: A 6-year restriction (5+1) for an internship is absurd
- “Take it or leave it” attitude: Professional companies negotiate in good faith
- Vague performance standards: “Full satisfaction” gives them unlimited power
- Unlimited hours without clear expectations: Always require specific hour commitments
- IP transfer for all work: Ensure you retain rights to personal projects or previous work
- Asymmetrical termination: If they can terminate in 10 days, you should have the same right
Behavioral Red Flags
- Slow communication during hiring: If they’re slow before you’re hired, it won’t improve after
- Unreasonable delays with vague excuses: Months to send an offer is suspicious
- Multiple interview rounds with unclear feedback: Wastes your time without clear progress
- Pushing you to decide quickly after a long wait: Creates pressure to accept without thinking
- Refusal to discuss terms: A sign they plan to enforce the contract unilaterally
- Threats or retaliation for questions: The ultimate red flag
Communication Red Flags
- Unprofessional tone in official communications: “Ok FYI…” is not how professionals communicate
- Blaming “company policy” for unreasonable terms: If everyone signs the same predatory contract, that’s a problem with the company
- Shifting responsibility between contacts: Makes it hard to hold anyone accountable
The Legal Reality: Are These Clauses Even Enforceable?
Before moving on, I want to address this: Many of these clauses may not be legally enforceable, depending on jurisdiction.
In the US (California):
- Non-competes are heavily disfavored and often unenforceable
- The 6-year global restriction would almost certainly be found unreasonable
- Overly broad non-competes can be rejected entirely by courts
In Indonesia:
- Employment law provides stronger worker protections than many assume
- Unilateral “take it or leave it” contracts may face legal challenges
- Extremely broad IP assignments for interns would likely be questioned
Important caveat: This is not legal advice. But it’s worth knowing that predatory contract terms aren’t necessarily enforceable—which makes Performek’s refusal to negotiate even more suspicious. If these clauses are so reasonable, why not discuss them?
What My Son Did Right
I want to emphasize: My son handled this perfectly.
- He asked reasonable, professional questions
- He didn’t accept the contract immediately
- He requested clarification on ambiguous terms
- When refused, he declined professionally
- He didn’t get emotional or rude
- He recognized the red flags
- He sought a second opinion before signing
- He didn’t respond to the threat message
His only “mistake” was expecting a US company to behave professionally. He won’t make that mistake again.
What You Should Do If You Encounter This
If You’re In This Situation:
- Do NOT sign under pressure. “Take it or leave it” means you have the power—you can leave it.
- Have someone you trust review the contract. A parent, mentor, or lawyer.
- Ask questions about vague terms. If they refuse to clarify, that’s your answer about the company.
- Trust your gut. If something feels wrong, it probably is.
- Know your worth. A 3-month internship does not justify a 6-year restriction on your career.
- Don’t be swayed by the “everyone signs it” argument. That just means they’ve successfully exploited many people.
- Document everything. Keep screenshots of emails, messages, and contract terms.
If You Know Someone Considering Performek/Demandlane:
Share this article. Share the contract. Share the communication. Let them make an informed decision.
How to Research Companies Before You Apply
After this experience, here’s what I recommend for anyone job hunting:
Before the Interview:
- Google the company name + “reviews” or “complaints”
- Check Glassdoor, Indeed, or local job review sites
- Search LinkedIn for current/former employees and read their profiles
- Look for the company on Trustpilot or similar platforms
- Search for any news articles about them (positive or negative)
- Check their official website for red flags (unprofessional writing, vague descriptions, etc.)
During the Interview Process:
- Note how responsive they are (slow = often a pattern)
- Pay attention to professionalism in emails and messages
- Ask current employees about work environment (if possible)
- Research the hiring manager/recruiter on LinkedIn
- Notice if they pressure you or rush decisions
Red Flag Research Findings:
- Multiple negative reviews about unfair treatment
- High employee turnover
- Complaints about contract issues
- Unprofessional communication in public spaces
- Vague or misleading job descriptions
After Getting an Offer:
- Have someone you trust review the contract
- Google the specific company + contract/legal issues
- Ask clarifying questions (their response tells you everything)
- Never feel pressured to sign quickly
If You’ve Already Signed:
Consult a lawyer in your jurisdiction. Many employment agreements contain unenforceable clauses, especially non-competes that are unreasonably broad.
The Bigger Picture
This isn’t just about one company. This is part of a larger pattern where companies—especially those hiring internationally—use predatory contract terms to exploit workers who have fewer resources to push back.
Freelancers and early-career professionals are vulnerable because:
- They need the experience or income
- They’re less likely to have legal resources
- They may not recognize manipulation
- They often come from countries with fewer employment protections
We need to talk about this. We need to share these stories. We need to warn each other.
Final Thoughts
My son will be fine. He’s talented, professional, and got out before signing anything. But imagine if he hadn’t asked me to review the contract. Imagine if he’d signed under the pressure of “everyone else does.”
He’d be bound by a 6-year non-compete, unable to work in data analytics or start any company in that field. For an internship. Paid at $2.20/hour.
That’s not acceptable.
If you’re in the freelance or early-career professional space, you deserve better. You deserve:
- Fair contracts
- Professional communication
- Good-faith negotiation
- Respect for your boundaries
- A company that doesn’t threaten you for asking questions
Performek Inc and Demandlane don’t meet that standard. Based on their own actions and communications documented above, I can’t recommend them.
But more importantly: Know your worth. Ask questions. Get things in writing. Trust your instincts. And never, ever sign a contract that doesn’t feel right.
About This Article
This article is based on actual communications and contract terms from Performek Inc/Demandlane, dated October 2025. All screenshots, contract details, and dates are documented and available. The goal is to warn other professionals about predatory hiring practices and help them recognize the warning signs before they sign away their rights.
If you’re a freelancer, virtual assistant, or early-career professional, share this with others in your network. These stories need to be told so people can make informed decisions about their careers.
Have you experienced something similar? The comments are open. Let’s help each other recognize red flags.