Got contract direct but client co wants me to use their agency

[vadhert]

In a nutshell I won a gig direct with a large private health company however they want me to go through their preffered agency for payment.

Being as though the agency are purely there for payment purposes, They will of course ask me to sign one of their contracts however as they didnt find me the gig, Is there anything I can stipulate when they present me with their contract?

[SueEllen]

Get the contract and read it through first.

The things you want to remove include:
1. Anything mentioning you are opted-out as you definitely legally can't.
2. Any clauses mentioning restriction of trade - you found the client so even if they want to restrict you to 8 weeks you can argue that it's not valid.

I would also try:
1. to get paid weekly
2. ensure that the role spec for the project actually is what your company is going to do.

If the contract is too complicated then get it reviewed by a solicitor or one of the review services and inform them that them that the agency is there purely for invoicing purposes.

[kingcook]

Also remember that this should not affect your rate. i.e. the client should be paying the agent's commission considering that they are forcing you to go via an agent.

[craig1]

I've done that before and the agencies are typically on trivial margins meaning they'll do their damnedest to screw you around on payment. How I did it was negotiate terms with the client and then get them to tell the agency what to do, after all they're nothing but an outsourced Accounts Payable department. Last one I had, I negotiated with the client for weekly bill with 7 day terms, the agency contract came back with monthly bill and 30 day terms, they said that the client was "mistaken" on their claims that I could be paid on weekly+7. A simple contact with the client fixed it.

You may be contracted with the agent but do all the negotiations with the client where possible.

[Ignis Fatuus]

Remove anything that might have been fair had the contract been the agency's. It's not, it's yours. So absolutely no handcuff clause, and no notice period (that's between you and the client).

Beware, the agency may have real difficulty getting their heads round the idea that it is your contract. I had one case like that where I lined up the contract with the client but had to get an agency and take the cost of their cut myself. So I called an approved agency and told them about it, and asked them what they proposed to take as a cut and what they would pay me, given the specified client rate. Can't tell you, they said, our negotiation with the client is confidential. I.e. they could not see it as my contract that used them, all they could see was a done-deal lead with the client, that I was bringing them. I wouldn't have been surprised to see them try to take the contract and give it to someone else.

[malvolio]

ERmmm...

Your'e taking the business to the agency. Given them a PCG standard contract since theirs is irrelevant.

[Ignis Fatuus]

ERmmm...

Your'e taking the business to the agency. Given them a PCG standard contract since theirs is irrelevant.

WMS.

In one such case I eventually worked without a contract, just a Purchase Order with terms.

Compared to that, an agency contract is likely to consist of a large number of obligations on you to them, and you don't need that.

[Bacchus]

I had a similar situation with my current gig; I was approached by a former client for another piece of work, agreed details and terms and then they asked me to use their preferred agency.

The restriction of trade clause had expired so technically not necessary, but I had previously negotiated the contract with the agency anyway so happy with that, their cut is on top of what I agreed with the client so happy with that, and the agency turn invoices round in 24-48 hours so happy with that - one of the best agencies I have ever worked with Ifftner Solutions for future googlers.

[malvolio]

I had a similar situation with my current gig; I was approached by a former client for another piece of work, agreed details and terms and then they asked me to use their preferred agency.

The restriction of trade clause had expired so technically not necessary, but I had previously negotiated the contract with the agency anyway so happy with that, their cut is on top of what I agreed with the client so happy with that, and the agency turn invoices round in 24-48 hours so happy with that - one of the best agencies I have ever worked with Ifftner Solutions for future googlers.

Working through Iffnter myself. Highly recommended.

[vadhert]

Thanks, all noted. Initial paper work will be out today.

I would envisage a few changes