Hi I'm a bit of a newbie and thought I'd get some thoughts on a situation I've come across.
Last year I worked for company C1 through agent A1, on a project for company K, finishing in October. (Through my own limited company, as a contractor).
I've recently been talking to a different agent A2, about work with a different company C2, but again working on a project for company K. The role is on a different brand for company K, at a different site.
Looking back at my contract with A1, I noticed these clauses
10.2 If before, during or within 12 months of an Assignment Term, the Service Provider or the
Consultant(s) becomes aware that the Client during such Assignment Term wishes to employ or
engage the Service Provider or Consultant(s) directly or through any other intermediary, the Service
Provider warrants that it will notify the Company of this in writing with a request for approval and a
release from the obligation in clause 10.3 of this Agreement.
10.3 With respect to each Assignment, the Service Provider and its directors undertake that they shall not,
and they shall procure that the Consultant(s) shall not, without the Company’s prior written approval,
directly or indirectly provide services of a similar nature to those Services provided during an
Assignment to a Client (or to a subsidiary or associated company of such Client or to such Client's
clients), other than through the Company, for a period of 12 months following the termination of such
Assignment.
Am I right in thinking that due to the term "Client's clients", I need written permission to take this role? Who do I need permission from? I signed the contract with A1, but the concern is that I'd be working for one of C1's clients indirectly.
Thanks in advance!
Last year I worked for company C1 through agent A1, on a project for company K, finishing in October. (Through my own limited company, as a contractor).
I've recently been talking to a different agent A2, about work with a different company C2, but again working on a project for company K. The role is on a different brand for company K, at a different site.
Looking back at my contract with A1, I noticed these clauses
10.2 If before, during or within 12 months of an Assignment Term, the Service Provider or the
Consultant(s) becomes aware that the Client during such Assignment Term wishes to employ or
engage the Service Provider or Consultant(s) directly or through any other intermediary, the Service
Provider warrants that it will notify the Company of this in writing with a request for approval and a
release from the obligation in clause 10.3 of this Agreement.
10.3 With respect to each Assignment, the Service Provider and its directors undertake that they shall not,
and they shall procure that the Consultant(s) shall not, without the Company’s prior written approval,
directly or indirectly provide services of a similar nature to those Services provided during an
Assignment to a Client (or to a subsidiary or associated company of such Client or to such Client's
clients), other than through the Company, for a period of 12 months following the termination of such
Assignment.
Am I right in thinking that due to the term "Client's clients", I need written permission to take this role? Who do I need permission from? I signed the contract with A1, but the concern is that I'd be working for one of C1's clients indirectly.
Thanks in advance!
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