Hi all. I'm a little I haven't seen this before so I'm asking for opinions. I do have a second option so walking away is not the end of the world. Have the following in a contract that's just turned up in my inbox. There's nothing in the contract itself to say if this applies or not but the agent has confirmed that it does and has forwarded a copy of the client's terms.
The client's terms include the several things (like no substitution without prior written agreement, no guarantee that agreement will ever be given) including the following
and
Now, I've never worked on a daily rate (have had hourlies since the late nineties). I suppose my question is, is it normal for the client to be able to request the extra hours and is it seen as a form of direction/control? On an hourly rate it's not an issue as I would work all the allowable hours anyway.
There are mention of deliverables and milestones in the client's contract but they haven't specified what they are and their definition of the service is the equally wooly "C++ development" which as far as I can tell is not what the role is anyway?
So, having spent the last few years generally working directly for the end client or through a very PCG-like contract via a friendly agency, is this normal and OK?
I suppose it does mean that if I go for a contract review both contracts have to be examined.
Any thought most welcome,
UBP.
1.7 For the avoidance of doubt, this Clause 1.7 does not apply if the Client contracts with Pimp for the provision of the Services by the Supplier on Pimp's standard terms of business (or an agreed variation of such terms). If, and only if, the Client contracts with Pimp for the provision of the Services by the Supplier on the Client's standard terms of business (the "Client's Standard Terms") then Pimp shall give the Supplier a copy of the Client's Standard Terms with this Agreement and, to the extent that the Client's Standard Terms are relevant to the Supplier and/or the Consultant, the Supplier shall, and shall procure that the Consultant shall:
1.7.1 comply with the Client's Standard Terms; and
1.7.2 not by act or omission in any way cause Pimp to be in breach of the Client's Standard Terms;
1.7.1 comply with the Client's Standard Terms; and
1.7.2 not by act or omission in any way cause Pimp to be in breach of the Client's Standard Terms;
Professional Day: not less than eight (8) hours per day and such longer hours as are reasonably requested each day by Client and are required for the proper performance of the Services.
During the Engagement the Supplier shall and shall procure that the Individual shall:
(a)...
(b) unless the Individual is prevented by ill health or accident, devote the Minimum Time Commitment of the Individual’s time to the provision of the Services;
(a)...
(b) unless the Individual is prevented by ill health or accident, devote the Minimum Time Commitment of the Individual’s time to the provision of the Services;
There are mention of deliverables and milestones in the client's contract but they haven't specified what they are and their definition of the service is the equally wooly "C++ development" which as far as I can tell is not what the role is anyway?
So, having spent the last few years generally working directly for the end client or through a very PCG-like contract via a friendly agency, is this normal and OK?
I suppose it does mean that if I go for a contract review both contracts have to be examined.
Any thought most welcome,
UBP.
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