How does a contract between an umbrella and an agency affect me?
I've been offered a contract containing the following clauses:
I don't think the umbrella can conform to 6.1 - their invoices aren't itemised, and there may be various reasons that they can't invoice by the specified time - 6.3 means that if the invoice is late, then the agency don't have to pay it. Ever.
The contract also states that the consultancy have to fix any defects in the software (I write software) at their expense. In one way this sounds reasonable, but at the same time, I am not willing to guarantee that the software is defect free, especially since 'defect' isn't being defined and I haven't seen a spec.
The contract is between an umbrella and an agency - if the umbrella signs the contract, does that mean they agree to suffer losses arising from the above clauses? If not, how can I be legally bound to a contract I haven't signed?
Also, how can I negotiate a contract that I'm not party to?
Any advice much appreciated.
6.1. Upon completion of the Assignment or as may be agreed and specified in Invoicing Frequency in the Schedule the Consultancy shall deliver to the Employment Business its invoice for the amount due from the Employment Business to the Consultancy giving a detailed breakdown showing the work performed. The invoice must be received by the Employment Business by no later than 12.00pm on Tuesday following the period to which it relates. The Consultancy's invoice should bear the Consultancy's name, company registration number, VAT number and should state any VAT due on the invoice.
6.3. The Employment Business shall not be obliged to pay any fees to the Consultancy unless an invoice has been properly submitted by the Consultancy in accordance with sub-clause 6.1 of this Agreement and until the Client has verified the execution of the Assignment.
6.3. The Employment Business shall not be obliged to pay any fees to the Consultancy unless an invoice has been properly submitted by the Consultancy in accordance with sub-clause 6.1 of this Agreement and until the Client has verified the execution of the Assignment.
The contract also states that the consultancy have to fix any defects in the software (I write software) at their expense. In one way this sounds reasonable, but at the same time, I am not willing to guarantee that the software is defect free, especially since 'defect' isn't being defined and I haven't seen a spec.
The contract is between an umbrella and an agency - if the umbrella signs the contract, does that mean they agree to suffer losses arising from the above clauses? If not, how can I be legally bound to a contract I haven't signed?
Also, how can I negotiate a contract that I'm not party to?
Any advice much appreciated.
