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Does this contract force Contractor (Relevant Staff) to start work ?
What will happen if I'll sign below contract and not sign Umbrella agreement ?
Does Agency can force me to start work ?
Can Agency sue me ?
If you haven't signed anything then there is no contract.
If you don't want to do the job then just tell them so. They will cry about it a bit but don't enter into a discussion with them , just walk away.
The agency can sue anyone they like but it's unlikely that they would in my opinion so don't be frightened of their bluff and bluster.
As for the opt out, if you are working via an Umbrella, do not under any circumstances accept the opt out agreement. It is your legal right to refuse to opt out and they cannot compel you to do it.
Free advice and opinions - refunds are available if you are not 100% satisfied.
I've signed the contract, I don't want to start the gig, what are my options?
If you haven't signed anything, you're not obligated to do anything
Ok and what about this part:
DATA PROTECTION
20.1 The Consultancy warrants that:
20.1.1 in relation to this Agreement, it shall comply strictly with all provisions applicable to it under the Data Protection Laws; and
20.1.2 the Staff have consented in writing to Agency and any other intermediary involved in supplying the services of the Consultancy and/Staff to the Client (now or in the future), and the Client:
20.1.2.1 processing the Staff's personal data for purposes connected with the 20.1.2.2 exportingand/or processing the Staff's personal data in jurisdictions provision of the Consultancy Services and pursuant to this Agreement; and outside the European Economic Area for purposes connected with the performance of this Agreement.
20.2 The Consultancy shall indemnify Agency for any Losses Agency incurs or suffers arising from any breach of the warranty contained in Clause 20.1.
20.1 The Consultancy warrants that:
20.1.1 in relation to this Agreement, it shall comply strictly with all provisions applicable to it under the Data Protection Laws; and
20.1.2 the Staff have consented in writing to Agency and any other intermediary involved in supplying the services of the Consultancy and/Staff to the Client (now or in the future), and the Client:
20.1.2.1 processing the Staff's personal data for purposes connected with the 20.1.2.2 exportingand/or processing the Staff's personal data in jurisdictions provision of the Consultancy Services and pursuant to this Agreement; and outside the European Economic Area for purposes connected with the performance of this Agreement.
20.2 The Consultancy shall indemnify Agency for any Losses Agency incurs or suffers arising from any breach of the warranty contained in Clause 20.1.
What about it?
It's just a standard clause protecting the agent from the contractor's potential stupidity. Don't be stupid and it won't get activated. Simple.
As simple as paying £100 and getting it reviewed properly.
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