Unreasonable contract clause?

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Zilver replied

24 October 2006, 07:54
Originally posted by Ardesco

I get the company secretary to sign all of mine, never had anybody so much as bat an eyelid yet. As the company secretary deals with all of the business administration it makes sese that she should sign all the paperwork (i.e. contracts) and the fact that she has signed all of the paperwork shows she is playing an active part in the business should I decide to pay her, or give her a dividend.

Ardesco, you are right! I will definately consider this in the future.

Originally posted by Mordac

If it's at the clients cost, and a cost is not specified, you are at liberty to quote any rate you like to provide the client with any information they request once the contract has been concluded. Who is the agency, that might shed some light?

Mordac, you're a star. Thanks for pointing this out.
I don't want to name the agency yet, as I'm still negotiating.

MarillionFan, I'm not trying to be rude, it's just that if I give any more details about what I do it will be obvious who I am. My particular niche is very small indeed.

I have already had Bauer and Cottrell review the contract from an IR35 perspective, and the agency where happy to change the contract to reflect the fact that we have a B2B relationship rather than a B2employee relationship.

Many thanks for all your help!

Kind Regards,
Zilver
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Mordac replied

23 October 2006, 15:38
If it's at the clients cost, and a cost is not specified, you are at liberty to quote any rate you like to provide the client with any information they request once the contract has been concluded. Who is the agency, that might shed some light?
Leave a comment:
MarillionFan replied

23 October 2006, 15:23
"I am a developer, i.e. IT."

Helpful. V. Helpful

I'm an IT Contractor by the way. How do you do?
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Ardesco replied

23 October 2006, 14:15
Originally posted by Zilver

As clever as that may seem, I think they might spot that little trick

I get the company secretary to sign all of mine, never had anybody so much as bat an eyelid yet. As the company secretary deals with all of the business administration it makes sese that she should sign all the paperwork (i.e. contracts) and the fact that she has signed all of the paperwork shows she is playing an active part in the business should I decide to pay her, or give her a dividend.
Leave a comment:
MrsGoof replied

23 October 2006, 14:12
do a search here there are a couple that seem to be used. Bauer and Cotterll (?sp) is one.
Leave a comment:
malvolio replied

23 October 2006, 14:08
If you're in the PCG, ask their legal helpline. If not, (and why not?) I suggest you ask a solicitor. If you're really concerned, strike it out the "or after" as unreasonable - perhaps "up to the conclusion of this contract" is more acceptable - and sign it on that basis.
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Zilver replied

23 October 2006, 13:49
As clever as that may seem, I think they might spot that little trick
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Ardesco replied

23 October 2006, 13:46
Get your company secretary (wife) to sign it, then they only have rights to the code she has created during your contract....
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Zilver replied

23 October 2006, 13:46
I am a developer, i.e. IT.
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MarillionFan replied

23 October 2006, 13:45
What are you doing?
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Zilver started a topic Unreasonable contract clause?

23 October 2006, 13:43
Unreasonable contract clause?

Hi all,

I have been offered a contract for a 6 month project. It seems like it is a very exciting project, and I would like to accept. The problem I have is with the contract the agency is trying to shove down my throat. The whole contract is terribly geared towards the agency, but I can live with that. But the clauses that seem to prevent me from ever working anywhere else are harder to swallow. For instance, consider the following snippet:

[Any Designs and Inventions shall be disclosed to the Client whether conceived apprehended or learned by the Consultant and/or the Individual during the course of or after the termination of this agreement and the Consultant and/or the Individual shall at the Client's request and at the Client's cost join with it and do and perform all acts and things necessary to procure the registration and/or the protection of any Designs and Inventions as the Client may direct.]

I understand that I work for the client and any products/code produced during this time belong to the client, but in my mind this clause gives the client rights to my work for the rest of my life.
So my question is, is this a normal clause in a contract? Or should I find myself a solicitor?

Kind Regards
Zilver
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