As per Sue, I had the 'finders fee' thing and it was great because I had nothing formal to do with the agent. Contract and payment was with client and they just dealt with the agent themselves.
Yours sounds horrid
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Contract with Agent, Billing Client direct?"
Collapse
-
Originally posted by deeh View PostExactly that. Agent bills client for their margin. I bill client for my day rate.
Contract specifies the margin and the day rate separately and the client, agency and myLtdCo all sign that contract.
Though the contract looks as though it's written as an agreement between me and the agent, but without me billing them - so, as you say, looks a little loosely worded and missing something that spells out the client's obligations to myLtdCo.
Hmm...
You really want a contract between you and one of the parties not both, otherwise you could end up being liable to both parties for the same thing if something went wrong.
Ideally the client should have a contract with the agency and you should have a contract with the client. There doesn't need to be a contract between you and the agency.
Unfortunately as the contract sounds a mess you need a contract lawyer not a contract reviewer to look at it.
Leave a comment:
-
Last time I was in this position my agreement was between myco and the client (PCG standard template). The agent just asked me to confirm each month how many days I'd work so they could bill their fee to the client.
Leave a comment:
-
Originally posted by northernladuk View PostSo the agent is really just getting a finders fee rather than getting paid and giving a cut to the contractor...
Contract specifies the margin and the day rate separately and the client, agency and myLtdCo all sign that contract.
Though the contract looks as though it's written as an agreement between me and the agent, but without me billing them - so, as you say, looks a little loosely worded and missing something that spells out the client's obligations to myLtdCo.
Hmm...
Leave a comment:
-
So the agent is really just getting a finders fee rather than getting paid and giving a cut to the contractor...
is not liable in any way for any financial aspect of this contract hence
Problem is you have no contractual relationship with the client so what are the payment terms? If the payment terms are in the contract with the agent but they wash their hands of anything financial what happens if the client doesn't pay you? The client is under no obligated payment terms at all unless it's in the upper contract with the agency... but still... if the agent doesn't want anything to do with the finances who do you sue for breaching payment terms?
Doesn't sound right at all to me that. I'd get a contract lawyer on it pronto.
Leave a comment:
-
Contract with Agent, Billing Client direct?
Got a new gig at fairly short notice and received the contract yesterday.
Client is a large consultancy. Contract is with a small agent.
Contract states that I invoice the client direct, but all other communication is via the agency.
I've had no reason to think there's anything underhand but I'm still relatively new to it all so wondered if this was standard or odd... previously I've invoiced the agency
Specifically, the wording is
For the duration of the contract period outlined in Contract X – AGENCY will remain in control of the client management in line with its master agreement with CLIENT however it authorises the contractor to invoice directly for the services of the personnel listed.
The relationship between CLIENT and CONTRACTOR for this contract is limited to invoicing for the services of the specific personnel recognised by contract X and the relevant accounts payment contact required to complete this function as detailed below. For clarification CONTRACTOR accepts that AGENCY is not liable in any way for any financial aspect of this contract hence is excluded from the payment cycle.Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: