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End user via a software company gig. Slippery terms?

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  • DaveB
    replied
    Originally posted by ApeShape View Post
    Oh gawd, one month notice period on the contract....Post IR35 changes I wonder how enforceable this actually is.
    If the contract doesn't prohibit you working for other clients then there is nothing stopping you finding another gig anyway.

    Leave a comment:


  • eek
    replied
    Originally posted by northernladuk View Post

    Legally it's totally enforceable if they want to. In reality you negotiate your way out.
    The software house's argument that the lack of Mutual Obligation means they don't need to pay you for days you are available would I suspect make it very hard to argue for a court to enforce that.

    In reality all I'm seeing is an incompetent account manager who should be being way more forceful with the end client.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by ApeShape View Post
    Oh gawd, one month notice period on the contract....Post IR35 changes I wonder how enforceable this actually is.
    Legally it's totally enforceable if they want to. In reality you negotiate your way out.

    Leave a comment:


  • ApeShape
    replied
    Oh gawd, one month notice period on the contract....Post IR35 changes I wonder how enforceable this actually is.

    Leave a comment:


  • ApeShape
    replied
    As I suspected. I'll follow through - thanks

    Leave a comment:


  • Paralytic
    replied
    Have an amendment written into your contract that meetings scheduled but cancelled with less than 1 days notice will still be chargeable to the software house, and the software house should do the same with their engagement with their client.

    I'd be looking for other work too, and once i got that, let the software house know that they have to give x days notice for committed work, and that work will be billable whether their client is available or not.

    Leave a comment:


  • ladymuck
    replied
    So they want you to sit around waiting for the end user to deign to make themselves available but think you should do that for free? That is a bit cheeky.

    Is the end user playing some kind of game to delay the project I wonder, if they know that they won't be billed for wasting your time? If the software house grew a pair and billed the client for meetings cancelled without sufficient notice, they might actually turn up to one.

    Leave a comment:


  • eek
    replied
    Originally posted by ApeShape View Post
    Just wondered what peoples thoughts/opinion on this is.

    To cut a long story short, I took a gig with a software company specializing in a product in my field. My focus is with one of their end users. I'm doing a lot of requirement gathering at the moment via meetings and unfortunately the end user is cancelling a lot of these and rescheduling for various reasons and annoyingly at the last minute.

    Basically what this means is I'm idle, and the software house wants to be 'flexible' on pay because of this. I sort of get it, if I can't deliver billable hours then the software house cant bill the end user and I cant bill the software house.

    Bit peeved but it's all out of my hands unless I drop off and find something else where I can charge regardless and not be put on hold without pay.

    Any thoughts?
    Find something else - then offer the software house the option of you continuing work as you find time or sacking you off and replacing you with someone else (if they do that point out that it needs to be an inhouse resource as otherwise the same issue is going to occur).

    Leave a comment:


  • End user via a software company gig. Slippery terms?

    Just wondered what peoples thoughts/opinion on this is.

    To cut a long story short, I took a gig with a software company specializing in a product in my field. My focus is with one of their end users. I'm doing a lot of requirement gathering at the moment via meetings and unfortunately the end user is cancelling a lot of these and rescheduling for various reasons and annoyingly at the last minute.

    Basically what this means is I'm idle, and the software house wants to be 'flexible' on pay because of this. I sort of get it, if I can't deliver billable hours then the software house cant bill the end user and I cant bill the software house.

    Bit peeved but it's all out of my hands unless I drop off and find something else where I can charge regardless and not be put on hold without pay.

    Any thoughts?

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