Client refusing to sign contract over project suspension point.

[designer14]

Hi there

I run a design agency and have sent a contract to the client which includes point called project suspension.

They aren't happy with the following point:

"We will not accept any form of micro-managing, or forced art direction during the development of the project.

We reserve the right to suspend any project if a client: interferes with excessive micromanaging or demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique design ideas/concepts, and/or shows reluctance in paying the final payment."

They are refusing to sign with the inclusion of this point and want it removing. What should I do as it's for our protection?

Thanks

[BrilloPad]

Its all quite woolly. Have you discussed having something more specific with them?

[eek]

The posters here are contractors who usually source work via agencies so I suspect that you won't get much help as its not in our usual area of expertise. Who wrote that clause as it sounds very wooly to me and I wouldn't be happy with a it.

Equally if the customer is being awkward about such an issue now, surely they are likely to micro-manage to the extent that you may have to use it - you could just walk away....

[designer14]

Yeah I agree it's quite wooly. I'm just concerned that if they did micro-manage us and that point wasn't included in the contract what protection would we have?

Some background here is that we won a tender and they have asked us to supply them with a contract which we thought was unsual. As we thought wining the tender was infact winning a contract? As a business we're quite new to all of this as we've only been going 3 years and this is our first big contract.

[VillageContractor]

You might want to understand what is required when running a business. A contract is usual, and for you to think otherwise might explain why the client has concerns with that clause.

[Lance]

Yeah I agree it's quite wooly. I'm just concerned that if they did micro-manage us and that point wasn't included in the contract what protection would we have?

Some background here is that we won a tender and they have asked us to supply them with a contract which we thought was unsual. As we thought wining the tender was infact winning a contract? As a business we're quite new to all of this as we've only been going 3 years and this is our first big contract.

Join IPSE. Get a basic contract from there.
Create a schedule of deliverables. Invoice against that. It works for any business you just need to agree the deliverables.

How are you charging? If it's fixed price then they probably ought to not care, but if it's T&M then they'll want more control so you don't pull their pants down.

Or ask them to provide a contract they're happy with.

[designer14]

You might want to understand what is required when running a business. A contract is usual, and for you to think otherwise might explain why the client has concerns with that clause.

I am very aware that a contract is required. In the 3 years of business we've had over 50 contracts and we have contracts with every client of ours. No client before has questioned this point until now so I'm just asking for advice regarding this.

[BrilloPad]

Yeah I agree it's quite wooly. I'm just concerned that if they did micro-manage us and that point wasn't included in the contract what protection would we have?

The issue is defining micro-managing

[designer14]

Join IPSE. Get a basic contract from there.
Create a schedule of deliverables. Invoice against that. It works for any business you just need to agree the deliverables.

How are you charging? If it's fixed price then they probably ought to not care, but if it's T&M then they'll want more control so you don't pull their pants down.

Or ask them to provide a contract they're happy with.

Thanks for your advice. We'll take a look. The client themselves are very vauge on the deliverables and we have charged them a fixed cost for the years contract which is what they asked for.

[designer14]

The issue is defining micro-managing

This would be our example of micro-managing:

The project manager meets with the graphic designer and tells them to open Illustrator. The project manager shows the designer a drawing they did and tells them to reproduce it. The project manager specifies fonts, background textures, and filters. They hover while the graphic designer begins. The project manager leaves for a period of no longer than 10 minutes before returning and monitoring progress.