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Reply to: Tied in, or?

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Previously on "Tied in, or?"

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  • XLMonkey
    replied
    Originally posted by kirk
    Say I pulled out of the contract; what consequences can I expect?
    Well, you've signed a contract to provide the services, so if you break the contract, then the other party is entitled to sue you for:
    - loss of the services (in theory, they can take someone else on at a higher rate and then make you for the the difference)
    - the cost of securing someone else (so, the agency margin that they are paying for taking someone else on).
    - any loss or consequential damages that they incur as a result of the time it takes them to find someone else (though on the bright side, they will have to prove the extent of these damages, whereas in for the first two sets of costs they don't have to prove very much at all).

    .... or they could just blacklist you from all future opportunities and tell all their mates to do the same...

    Generally, you should remember that if it looks like a contract and smells like a contract, then it's a contract (even if it only says "Letter" at the top).

    Leave a comment:


  • TinTin
    replied
    Newbies galore

    DG, it's like the blind leading the blind with so many newbies around. I despair sometimes not so much at the lack of professionalism, but just general knowledge stuff that seems to escape them.

    Leave a comment:


  • Dundeegeorge
    replied
    Reasonable? Cooling off period?

    He's not buying a Pc from PC World FFS, he's signed a contract to provide services. If you don't like the contract or expect to get something better, then don't sign it, but once you've signed it, you're contracted.

    Written a contract so that they don't suffer financially by you reneging on the contract you signed. Restrictive covenant/be illegal, what are you talking about? I would quit this stuff and just go get a job if I was you, you seem to think like an employee, so you might as well be one.
    Last edited by Dundeegeorge; 7 October 2006, 10:57.

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  • Miss Ellie
    replied
    Reasonable depends on the length of the contract i.e. 3 months would be 7 days etc. Remember you are supplying a service and no agency/client is allowed to give you an unfair contract by law, and vice versa.

    (The cooling of time is for distance selling to consumers which by law is a minimum of 7 days. )

    If you pull out of contract if the agent/client is clever they would have written the contract so you pay them so money if you pull out without any or insufficient notice. Otherwise most of the other stuff would fall under a restrictive covenant/be illegal and if you get threated with court action, get good legal advice to get it argued away.

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  • autodial
    replied
    why dont you just get the lawyers onto it. Try Bauer and Cottrell or Lawspeed?

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  • MarillionFan
    replied
    Sounds like you've signed a contract for the first one IMHO. Its like I agree to sign a contract. So not quite sure how it works out.

    What is the out clause on the letter? Or I would assume a cooling off period of 28days relates to anything you sign? Anyone?

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  • kirk
    replied
    Say I pulled out of the contract; what consequences can I expect?

    Leave a comment:


  • Dundeegeorge
    replied
    Erm, but you have signed a contract

    if your original post iis correct. It seems all you can haggle over are some of the conditions.

    Leave a comment:


  • kirk
    replied
    Well, basically I've signed the above "letter" but not the contract.

    Now I am being offered a more favourable contract........

    Leave a comment:


  • VectraMan
    replied
    IANAL, but surely you can't have one contract that says you will agree to another contract?

    Leave a comment:


  • kirk
    replied
    Anyone? I've now been offered the other gig on favourable terms, any advice appreciated......

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  • kirk
    started a topic Tied in, or?

    Tied in, or?

    Hiya All, another dumb newbie question from me I'm afraid

    I've signed a letter worded something along the lines of:

    I, xxxx confirm that I have read and accept the Terms and Conditions and accept the offer of a contract with xxx to provide services in the capacity of xxxx to the xxxx as detailed below: START, END etc.....

    I haven't actually signed and returned the contract yet though, say I was offered another contract (for example), am I tied to this contract based on the above? ?

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