I have a contract that has been going nearly nine months.
The client has a new business interest starting up but doesn't want to get involved with their IT support / development.
Assuming the client doesn't mind me doing so, would I be breaking the terms of my current contract with my agency by doing work for this other company?
The contract states that:
'The contractor or authorised personnel may not for a period of twelve months from the expiry or termination of this agreement be engaged by or provide services to the client or any third party involved with the assignment either directly or indirectly through another employer or organisation without the express permission of xyz agency. Should there be a breach of this term the client will be liable to pay xyz agency a fee based on ten times the weekly charge rate. Should the client wish to employ any personnel supplied under this agreement then the client will pay xyz agency a fee based on xyz agencies standard terms and conditions.
and also that
'To advise xyz agency if the contractor or the authorised personnel is offered any further or separate engagements by the client together with the details of any renumeration offered'
The first part looks like I am clear as there is no liability on my part - its simply saying the client can't call me back directly to do work without notifying the agency - unless it wants to pay 10 times my weekly rate.
The second part is more dubious - clearly I am being introduced to their new company - but equally it doesn't state that there is to be any penalty for doing so.
There is a very real chance I can get a maintenance contract with the client directly and a second one for this new company but the problem is of the agency ringing up and asking to speak to me and somebody saying that I am there.....
Is there a good way to tackle this? I have a friend who is willing to let me subcontract through him for no fee - but then that breaks the terms I think...
Any helpy grealty appreciated!
Thanks
The client has a new business interest starting up but doesn't want to get involved with their IT support / development.
Assuming the client doesn't mind me doing so, would I be breaking the terms of my current contract with my agency by doing work for this other company?
The contract states that:
'The contractor or authorised personnel may not for a period of twelve months from the expiry or termination of this agreement be engaged by or provide services to the client or any third party involved with the assignment either directly or indirectly through another employer or organisation without the express permission of xyz agency. Should there be a breach of this term the client will be liable to pay xyz agency a fee based on ten times the weekly charge rate. Should the client wish to employ any personnel supplied under this agreement then the client will pay xyz agency a fee based on xyz agencies standard terms and conditions.
and also that
'To advise xyz agency if the contractor or the authorised personnel is offered any further or separate engagements by the client together with the details of any renumeration offered'
The first part looks like I am clear as there is no liability on my part - its simply saying the client can't call me back directly to do work without notifying the agency - unless it wants to pay 10 times my weekly rate.
The second part is more dubious - clearly I am being introduced to their new company - but equally it doesn't state that there is to be any penalty for doing so.
There is a very real chance I can get a maintenance contract with the client directly and a second one for this new company but the problem is of the agency ringing up and asking to speak to me and somebody saying that I am there.....
Is there a good way to tackle this? I have a friend who is willing to let me subcontract through him for no fee - but then that breaks the terms I think...
Any helpy grealty appreciated!
Thanks
