Restrictions in a Contract

[SpiralCircus]

Thanks, that's pretty much what I thought. I won't be too concerned about it then.

[TykeMerc]

1-3 aren't unusual to see. Admittedly in practice they're all but unenforcable.

4 is just comical as it's saying that you agree to exclude yourself from an entire market sector, it could be argued that would get laughed out of court.

Welcome back to contracting

[Turion]

Unenforceable bull (even if they were dumb and tried to enforce, you can just open new ltd co or use different brolly - or just tell them to pee off).

None of these type of T & C's would bother me if it's a decent project with a good daily ker-ching factor. How is the agent going to monitor this. Fit us with GPS tags

[thunderlizard]

Number 4 would trigger a hefty premium if it was me.

[SpiralCircus]

First post here so I'll start by saying "Hi".

It's been quite a few years since my last contract and the contract I've been sent contains some 'restrictions' that I don't remember seeing all those years ago. Are these the norm nowadays and are they actually enforceable?

1. The Supplier shall not (and shall procure that its Staff shall not) for a period of six months following the termination of the Assignment supply its services directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous six months.
2. The Supplier shall not (and shall procure that its Staff shall not) for a period of six months following the termination of the Assignment supply its services directly, or through any other person, firm or company, to any Associated Company of the Client or third party introduced by the Client for whom it has carried out the Assignment at any time during the previous six months.
3. The Supplier shall not (and shall procure that its Staff shall not) for a period of six months following the termination of the Assignment directly or indirectly introduce the Services of a third party to any Client or Associated Company of the Client for whom it has carried: or the Assignment at any time during the previous six months which are in competition to The Consultancy or results in a loss of custom or business to the Consultancy.
4. The Supplier will not and will procure that its Staff performing the Services will not, provide any services that are the same or similar to the Services to any direct or indirect competitor of the Client during the period beginning on the date Services commence and ending on the date which is six months after the end of the Services.

I can underdstand why they would want to put some sort of restriction in but these seem a little OTT.

Thanks.