Agency problems, has anyone ever dealt with these people?

[deadscoob]

I've been offered a contract role via an agency called IMS Worldwide. So far not so good... my calls and emails have been ignored, after 10 days I finally receive a contract, now only 1 week until I'm due to start the role and I'm faced with a dilemma...

The terms are (I think) unacceptable...

"IMSworldwide will use its best endeavours to pay the Company at the agreed Rate by bank transfer 30 working days following the end of the relevant month"
Firstly, what does "best endeavours" mean?! They will try to pay me but might not...
Secondly, 30 working days, that's 6 weeks! I've never seen this before. I've challenged them, they say they actually pay on the last day of the following month, so 20 working days, still seems too long to me and may indicate poor cash flow...?

"IMSworldwide shall be entitled to suspend any Assignment at anytime for a period of up to 90 days by giving notice in writing" Right... so what does this mean, I've asked them to remove this clause completely.

The last 2 weeks of dealing with this agency makes me very nervous to sign up to a long term agreement with them, however the client I'll be working for will be good for my career.
I wondered if anyone has had any experience with this agency and can advise me whether they are actually ok or to stay well clear?

I appreciate any advice at all, thanks

[BolshieBastard]

Havent used them but my current agent tried to impose similar payment terms on me ie 60 days. Told them no way and was prepared to walk away. They asked if I had another role lined up but I told them no, wouldnt matter if I did, I wouldnt accept such terms.

They came back within an hour and said they'd agree to my payment terms. Had one or two other issues but these have been sorted to my liking.

Using the word 'endeavour' effectively means you are very limited in taking action against them for late payment imo. One or two other things you mention would be red flags. I'd suggest you get this reviewed by someone like bauer & cottrill and be prepared to walk away as a last resort.

[disarm]

You're right in getting these terms amended before signing. I've had to change my current contract a few times now.

[northernladuk]

Why do people use 'best endeavours'?? If you think about it this means you do the best possible which would be for the agent to forgo is pay so you get yours first. Reasonable endeavours is much better.

Is anyone aware of 'best endeavours' being tested in court?

[malvolio]

Why do people use 'best endeavours'?? If you think about it this means you do the best possible which would be for the agent to forgo is pay so you get yours first. Reasonable endeavours is much better.

Is anyone aware of 'best endeavours' being tested in court?

Shows how amateurish they really are. "Best Endeavours" means literally doing anything and everything, up to bankrupting the company, to meet the requirement. No sensible contract will ever contain anything other than "Reasonable endeavours". Both terms have legal force, if they insist on the former and fail, even by one day, you can sue the pants off them.

[SueEllen]

I appreciate any advice at all, thanks

Get the contract reviewed- they have probably got more clauses in the contract that have large legal implications for you that you haven't noticed.

[theroyale]

I appreciate any advice at all, thanks

The stuff about notice is pretty standard I'd say.

The stuff about payment is not - you need to get it amended to something more reasonable.

[deadscoob]

Thanks

Thanks everyone.

I contacted Bauer & Cottrell first thing this morning on your advice and they're checking the contract and will represent my interests to the agency, what a relief to have someone who knows their stuff on the case. I'll post back with news.

Thanks again