Strange Contract Terms

[Snooky]

Update: Client has removed all clauses I challenged and claimed it was a generic contract they had sent me apparently

Nice result!

[SussexSeagull]

I certainly wouldn't have signed it. If they choose to engage people on a day rate basis they can honour that.

[Samm]

So this has taken a u turn - after telling me yesterday that they fully agreed with why I am pushing back and will change it they come back today and tell me that the changes have been reviewed by their director and unfortunately cannot accept it. The changes I asked for in the directors opinion will bring the determination inside IR35. If the end client has completed an SDS and determined its outside then how can this be? The director also expressed concern that this places the risk firmly on the agency and they are not willing to accept that.

I am confused - what risk? All I have asked them to change is to change the clause that states that if they give notice they have no obligation to make payment for the notice period (whats the point of a notice period if im not being paid for it?), asked them to remove that the agency are entitled to take a max of 10 days of damages for any loss that the agency may suffer as a result of termination of contract services, and the clause where they want me to agree that the agency are fully entitled to set off against any payments owed to me pursuant to the clause relating to the 10 days they want to claw back if im terminated!

Also noticed a new section on the updated contract titled `variations` where it states that the agency reserves the right to vary this contract (which may include but is not limited to changes to the day rate and payment terms).

Am I going bonkers or is this contract the whole thing a total shambles and they basically just want to fleece me and aren't even embarrassed about it!

So they have given me 3 options, to either accept the contract as is, use an umbrella company or the agency will source a replacement but apparently this option makes the client and the agency uncomfortable. Last point is bulltulip because the client wouldn't know of the exact agreement and terms between myself and the agency.

Any thoughts?

[Samm]

and just to add to that no idea why the agent is speaking to his director and not his legal team - clearly profit considerations.

[SussexSeagull]

Unless you need the money I would be tempted to walk. If you are being paid for a day's work then you should receive that payment when you do a day's work and not be subject to some vague quality threshold.

As for varying day rate and payment terms, if they were going to do that they would do it anyway. However I would insist on no notice period if you don't like the new terms they are offering.

[malvolio]

I refer back to my first post in this thread. The agency is not one to trust or work with. Would love to know who they are.