Hi guys,
I have the following clause in an agency contract I have been asked to sign and I have queried the wording.
IMO this implies I should indemnify the agency against any and all potential loss they may suffer as a result of any of their contractors as it does not explicitly state that it relates to the assignment in question.
There is no section in the glossary that refers to all clauses being relevant only to the assignment in question and in fact the opposing clause for the agencies liability does state the assignment.
FYI this is an indirect CL1 contract which in itself is a headache!
I have the following clause in an agency contract I have been asked to sign and I have queried the wording.
The Consultancy shall indemnify and keep indemnified the Employment Business against any Losses suffered or incurred by the Employment Business by reason of any proceedings, claims or demands by any third party (including specifically, but without limitation, Her Majesty’s Revenue and Customs and any successor, equivalent or related body pursuant to the IR35 Legislation and/or any of the provisions of Chapter 9 and/or section 688A of the Income Tax (Earnings and Pensions) Act 2003 and/or any supporting or consequential secondary legislation relating thereto).
There is no section in the glossary that refers to all clauses being relevant only to the assignment in question and in fact the opposing clause for the agencies liability does state the assignment.
The Employment Business makes no representation nor does it accept any responsibility for ensuring that the terms of this Agreement are an accurate reflection of the relationship between the Client and the Consultancy. Furthermore the Employment Business accepts no liability to indemnify the Consultancy for any Losses incurred by the Consultancy whether by reason of tax or other statutory or contractual liability or any such liability to any third party arising from the Assignment.
