Hi all,
I´ve been issued a contract today, which states the following:
"All time and expenses must be submitted on the relevant system within 45 days of the work being carried out or
when the expense incurred. XXX will not pay the Company for time and expenses submitted outside this process.
1. Where payment has not been received in accordance with the applicable payment provisions outlined in clause 3 of these
terms of engagement, the Company has 30 business days from payment due date to log a payment query at
[email protected] to inform Experis that payment has not been received. Failure to notify XXX within this
period will result in non-payment of invoices
2. XXX will then investigate the non-payment. XXX will require the following information sent to
[email protected] in order to investigate any claim:
Expected payment due date
Contractor name
Timesheet weekending
Proof of original submission within 45 days of time worked / expense incurred
3. Provided that the amount is undisputed, XXX will make payment within 7 days of receipt of the documents at paragraph 2
above and supporting documentation (“Remedy Period”).
4. The Company/Contractor agrees that payment shall not be deemed to be overdue until the Remedy Period has expired and XXX
shall not be liable for any outstanding payments to the Company unless the Dispute Resolution Process has been fully
complied with."
Basically, this says to me:
- Contracting company doesnt´get paid, if invoices/timesheets/expenses are submitted later than 45 days after occurrence (it has to be also said that often you cannot even submit timesheets, because the codes to put them against, have been closed (erroneously), and are not reopened sometimes for months, like right now the current project one has been closed for 3 months, even though several people were working on it, all employees except me, though!)
- Contracting company doesn´t get paid, if they notice too late that they haven´t been paid
- Agency tries to weasle even out of overdue payment penalties by saying "WE don´t and will not consider it overdue, because we need to verify, whether we actually owe you that"
- And YOU have to prove that we owe you that amount, not WE need to prove that we have paid or pay up asap.
Morally, it definitely outrageous to try and find ways of not paying for services obviously delivered. But, is this even legal/enforceable?
Any comments/similar experiences? How did you deal with this?
Cheers
I´ve been issued a contract today, which states the following:
"All time and expenses must be submitted on the relevant system within 45 days of the work being carried out or
when the expense incurred. XXX will not pay the Company for time and expenses submitted outside this process.
1. Where payment has not been received in accordance with the applicable payment provisions outlined in clause 3 of these
terms of engagement, the Company has 30 business days from payment due date to log a payment query at
[email protected] to inform Experis that payment has not been received. Failure to notify XXX within this
period will result in non-payment of invoices
2. XXX will then investigate the non-payment. XXX will require the following information sent to
[email protected] in order to investigate any claim:
Expected payment due date
Contractor name
Timesheet weekending
Proof of original submission within 45 days of time worked / expense incurred
3. Provided that the amount is undisputed, XXX will make payment within 7 days of receipt of the documents at paragraph 2
above and supporting documentation (“Remedy Period”).
4. The Company/Contractor agrees that payment shall not be deemed to be overdue until the Remedy Period has expired and XXX
shall not be liable for any outstanding payments to the Company unless the Dispute Resolution Process has been fully
complied with."
Basically, this says to me:
- Contracting company doesnt´get paid, if invoices/timesheets/expenses are submitted later than 45 days after occurrence (it has to be also said that often you cannot even submit timesheets, because the codes to put them against, have been closed (erroneously), and are not reopened sometimes for months, like right now the current project one has been closed for 3 months, even though several people were working on it, all employees except me, though!)
- Contracting company doesn´t get paid, if they notice too late that they haven´t been paid
- Agency tries to weasle even out of overdue payment penalties by saying "WE don´t and will not consider it overdue, because we need to verify, whether we actually owe you that"
- And YOU have to prove that we owe you that amount, not WE need to prove that we have paid or pay up asap.
Morally, it definitely outrageous to try and find ways of not paying for services obviously delivered. But, is this even legal/enforceable?
Any comments/similar experiences? How did you deal with this?
Cheers
Comment