Changes requested to standard IPSE consultancy -> client (direct) contract

[fidot]

I can see why clauses like "you have no control over the worker!" would scare a small company. The same with the RoS (they're probably expecting me to sub in a graduate with bio skills and... profit!). I guess it's a case of education needed as to how this all works with then. I'm afraid I don't yet have the vocabulary to confidently speak on the matter however. But I'm getting there!.

I find the best way to counter this attitude is to explain that as the client can give zero notice, you are effectively guaranteeing the quality of any work of the primary or sub-contracted worker. If they are not happy, then they just invoke the zero notice.

[TheCyclingProgrammer]

I've never had much strong push back on substitution clauses (I use a slightly modified version of the IPSE contract) but when I've had queries I've always tried to sell the pros to the client:

1. I explain to them that whilst MyCo primarily supplies my services, I very much run a business and as such need the flexibility to provide a substitution where necessary, even if that happens in rarely.

2. I tell them that by being able to use a substitute or sub-contract parts of the work to somebody else, then should I personally ever become unavailable unexpectedly then I will be able to provide continuity of service and not leave them in the lurch. Additionally it means if I ever need to bring in specialist help I can do so, normally at no extra cost to the client (including the time and expense of having to find that specialist themselves). I know that a full substitute and sub-contracting part of the work aren't really the same thing, but it helps to lump them together when selling this to the client.

3. I reassure them that I will always give them good notice if I need to bring a substitute in and will always ensure that any substitute is appropriately qualified and if any handover is needed this will be at no extra cost to them.

4. I tell them that whilst I have an unfettered right to supply a substitute, if they are unhappy about the use of a substitute or they are not happy with a substitute's performance I will try and resolve it and that whilst they don't have the right to reject a substitute, if they are still not happy they do always have the right to terminate the contract (my contract offers pretty generous cancellation notices to the client - usually no notice and never more than a week or two).

The last point means you do effectively get an unfettered right to substitute but the client is reassured because whilst they can't say "you aren't allowed to send a substitute" they can still just say "OK we're cancelling the contract". IMO, not only does this reinforce the B2B nature of the contract due to the risk on my part (i.e. if I'm unable to provide my services they can just cancel if they don't want or like my sub) I think if push came to shove, for the sake of sending a sub for a brief period of time to cover an absence they'd just accept the sub rather than cancelling and then needing to find somebody else, especially if right in the middle of the project.

For the record I've never needed to send a sub. Never had a problem as yet.

[pr1]

I've never had much strong push back on substitution clauses (I use a slightly modified version of the IPSE contract) but when I've had queries I've always tried to sell the pros to the client:

1. I explain to them that whilst MyCo primarily supplies my services, I very much run a business and as such need the flexibility to provide a substitution where necessary, even if that happens in rarely.

2. I tell them that by being able to use a substitute or sub-contract parts of the work to somebody else, then should I personally ever become unavailable unexpectedly then I will be able to provide continuity of service and not leave them in the lurch. Additionally it means if I ever need to bring in specialist help I can do so, normally at no extra cost to the client (including the time and expense of having to find that specialist themselves). I know that a full substitute and sub-contracting part of the work aren't really the same thing, but it helps to lump them together when selling this to the client.

3. I reassure them that I will always give them good notice if I need to bring a substitute in and will always ensure that any substitute is appropriately qualified and if any handover is needed this will be at no extra cost to them.

4. I tell them that whilst I have an unfettered right to supply a substitute, if they are unhappy about the use of a substitute or they are not happy with a substitute's performance I will try and resolve it and that whilst they don't have the right to reject a substitute, if they are still not happy they do always have the right to terminate the contract (my contract offers pretty generous cancellation notices to the client - usually no notice and never more than a week or two).

The last point means you do effectively get an unfettered right to substitute but the client is reassured because whilst they can't say "you aren't allowed to send a substitute" they can still just say "OK we're cancelling the contract". IMO, not only does this reinforce the B2B nature of the contract due to the risk on my part (i.e. if I'm unable to provide my services they can just cancel if they don't want or like my sub) I think if push came to shove, for the sake of sending a sub for a brief period of time to cover an absence they'd just accept the sub rather than cancelling and then needing to find somebody else, especially if right in the middle of the project.

For the record I've never needed to send a sub. Never had a problem as yet.

2 seems to contradict 3... if you're unexpectedly unavailable how do you provide good notice and handover?

[TheCyclingProgrammer]

2 seems to contradict 3... if you're unexpectedly unavailable how do you provide good notice and handover?

Ok, if I'm suddenly unavailable for an emergency then I'm not going to be able to give any notice and might not even be able to provide a sub.

But if something comes up and I'm able to give some notice then I will. Unexpected doesn't have to mean immediate.