Contract Terms you're uncomfortable with

[Safe Collections]

We would echo SueEllen's advice, if the clause concerns you negotiate its removal. If the agency wont negotiate then you can accept it (and the risks it carries) or walk away.

From a contractual point of view our concern with that clause would be that if the agent decides your work is unacceptable, you can not then query that with the end client.

So potentially you could have a situation whereby the client is happy, pays the agent, the agent then makes up an excuse and you can't argue it, as you are contractually barred from seeking clarification to the contrary from the end client.

Mind you, we tend to be more suspicious than most so that would be the worst case scenario...

[LondonManc]

The contract stipulates that:

No payment will be made to the contractor if the Services are, in the opinion of the agency or Client, unnacceptable. The opinion of the client and/or agent is final and no queries will be made to the client in this regard

At what point in life is an employment agent sufficiently clued up to judge whether the services that you have provided are up to scratch? Have they proof read your documents?

I'd take the agent out of it as it sounds like they are in a position to stiff you for your final invoice.

I'd also timebox it so that the client must object within five working days to the standard of services provided.

[northernladuk]

Employment agent?

[LondonManc]

Employment agent?

Someone who employs your services. Has your head disappeared up your 'arris to search for the thesaurus that you lost?

[fidot]

I agree with removing the agency from that clause. I would also negotiate to change the clause to say that a signed timesheet is to be taken as proof that the services delivered have been acceptable.

[missinggreenfields]

Only 1 agency has ever managed to do an opt out correctly...

Is this on the same scale that agents use when they say "nobody has ever refused to opt out before"?

[missinggreenfields]

Employment agent?

Someone who works for an Employment Agency. Probably also extends to someone working for an Employment Business as well.

[Illustrious]

Well after speaking to the agent and then speaking to the manager at the agency responsible for contracts we've managed to come to an agreement with respect to this particular clause and clean up the ambiguities.

Essentially the clause is removed. Any queries with regards to such things as performance need to be raised the same week. All timesheets that are approved ate paid, no chance that it'll be withheld after sign off. Got it all in writing.

Overall, pretty happy with it.

[LondonManc]

Well after speaking to the agent and then speaking to the manager at the agency responsible for contracts we've managed to come to an agreement with respect to this particular clause and clean up the ambiguities.

Essentially the clause is removed. Any queries with regards to such things as performance need to be raised the same week. All timesheets that are approved ate paid, no chance that it'll be withheld after sign off. Got it all in writing.

Overall, pretty happy with it.

Good stuff. Thanks for reporting back, glad we could help.