Termination clauses? bit strong?

[thunderlizard]

Faced with all that stuff I would be inclined to replace the lot with "client can terminate with no notice for no reason at all", and charge a bit extra for the privilege.
If a client really wants to terminate ASAP for whatever reason, and their only option is a misconduct clause, they might decide to concoct a story in that direction and I wouldn't want that to happen.

[TheFaQQer]

WHS...Ideally, however, sub-clause (d) should be taken off. In case the supplier (OP) isn't able to "satisfy" the client (doesn't necessarilty mean the supplier is incapable, could happen, for ex, when he gets a tw*t as his boss at the clientco), it should go the notice route. After all we, as a business have the right to protect our commercial interests in the same way as the clientco/agency. While some of these other termination sub-clauses like misconduct, breach etc might warrant the supplier to be off-site immediately, but in case the client isn't happy, for any reason whatsoever, they should give the supplier the notice (per contract), so that he gets some time to find another job..

Oh, and btw, successfully managed to persuade my last agency to take this sub-clause off the contract, based on the same argument.

Good point and worth a try.

I had my first contract terminated on immediate notice because the client said "we're not happy" and there was a clause that said they could terminate if they weren't happy. Didn't have to provide an explanation, and I never got one - just moved on to a better paid, more interesting contract. I was gutted

[Wanderer]

I had my first contract terminated on immediate notice because the client said "we're not happy" and there was a clause that said they could terminate if they weren't happy. Didn't have to provide an explanation, and I never got one - just moved on to a better paid, more interesting contract. I was gutted

Spoken like a true contractor.

[explorer]

Faced with all that stuff I would be inclined to replace the lot with "client can terminate with no notice for no reason at all", and charge a bit extra for the privilege.
If a client really wants to terminate ASAP for whatever reason, and their only option is a misconduct clause, they might decide to concoct a story in that direction and I wouldn't want that to happen.

+1...couldn't agree more..

[Spacecadet]

It's normal to give them a 5 to 10 day leeway in sorting out payment issues. So it would be the period stated above plus 5 days.

thats just common sense really, they're still the paying client (once they do eventually pay!)

[SueEllen]

thats just common sense really, they're still the paying client (once they do eventually pay!)

It may be commonsense but a good idea to get in writing in the contract so you can use it if you have a dispute.

[johnnygarv]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

[northernladuk]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

Are you talking about days you have worked or days you have signed timesheets for and invoiced.

If they are just worked and no signed timesheets and you breach your contract you have no hope of getting your money..

If they are signed and invoiced on last day of month and you go on 1st day you are legally entitled to them but have fight on your hands to get it.

Can you be a bit more specific.

[johnnygarv]

These are days I have worked. The timesheets are being singed off as I speak and will be invoiced on the 7th December. Would I be ok to leave on that day?

[SueEllen]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

If you are opted-in and can prove that you worked those days then you can get paid.

However first of all you will probably have to argue with the agency that you are opted-in to the regulations, then you would have to prove, preferably with some sort of documentation, that you worked those days. Finally you have to be willing to take the agency to court for your money and risk a threat of them countersuing.

It's easier to get the client to terminate you.