There may be a opportunity for me to go perm at my current gig however the agency i am with are not keen on the move and looking for a 'finders fee' of some sort from the client or simply not allowing me to move perm.
They do have the below in my contract which of course i have signed and agreed too at the start before i ever thought of perm. This is what i believe would cause issues if i was to go perm with the client:
Non-solicitation
1. When you work on the Project you are likely to become familiar with our Confidential
Information. And you will learn about and have influence over our (or our Group
Company’s) clients, suppliers, and staff. This section is to protect the legitimate
business interests of each Party.
2. You agree not to do anything to directly compete with us while you are working on
the Project, and for 6 months after the Termination Date of the relevant Scope of
Work or this Agreement. This in addition to your other obligations under this
Agreement and any restrictions imposed on you by law.
3. You agree not to, on your own account or on behalf of any other person, firm or
company canvass, solicit the custom of, deal with, or provide services to any Client or
party with which you were involved whilst providing your Services on the Project.
This includes any person, firm or company who is or was our client or supplier, or
was in the habit of dealing with us or any Group Company.
4. Neither Party will induce or entice away any employee, worker, contractor or officer
of the other Party, who is likely to be able to assist or benefit a business in (or
proposing to be in) competition with the other Party.
5. Although the provisions above are included to protect the interests of the Parties, we
will always consider a reasonable request should you have one.
However I have just realized that the contract states the following:
This is an Agreement between AGENCY ABC and MYCOMPANY Ltd made on xxth
xxmonthxx 2015.
note - edited the above 'AGENCY ABC, MYCOMPANY and the dates for privacy.
Does this mean if i go perm with the client then this contract does not have any impact as the agreement is actually with the company (i am the sole director)? and that I (personally myself, not the ltd) are not tied to anything and free to move to the client if and when I want?
They do have the below in my contract which of course i have signed and agreed too at the start before i ever thought of perm. This is what i believe would cause issues if i was to go perm with the client:
Non-solicitation
1. When you work on the Project you are likely to become familiar with our Confidential
Information. And you will learn about and have influence over our (or our Group
Company’s) clients, suppliers, and staff. This section is to protect the legitimate
business interests of each Party.
2. You agree not to do anything to directly compete with us while you are working on
the Project, and for 6 months after the Termination Date of the relevant Scope of
Work or this Agreement. This in addition to your other obligations under this
Agreement and any restrictions imposed on you by law.
3. You agree not to, on your own account or on behalf of any other person, firm or
company canvass, solicit the custom of, deal with, or provide services to any Client or
party with which you were involved whilst providing your Services on the Project.
This includes any person, firm or company who is or was our client or supplier, or
was in the habit of dealing with us or any Group Company.
4. Neither Party will induce or entice away any employee, worker, contractor or officer
of the other Party, who is likely to be able to assist or benefit a business in (or
proposing to be in) competition with the other Party.
5. Although the provisions above are included to protect the interests of the Parties, we
will always consider a reasonable request should you have one.
However I have just realized that the contract states the following:
This is an Agreement between AGENCY ABC and MYCOMPANY Ltd made on xxth
xxmonthxx 2015.
note - edited the above 'AGENCY ABC, MYCOMPANY and the dates for privacy.
Does this mean if i go perm with the client then this contract does not have any impact as the agreement is actually with the company (i am the sole director)? and that I (personally myself, not the ltd) are not tied to anything and free to move to the client if and when I want?
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