Contract Clauses, once again

[Not So Wise]

The return of "we're a FTSE 100 business, with 4000 contractors on site, I don't think changing our contracts to suit you is high on our list of priorities, do you!?!" got the job done - but seriously - I doubt you'd have the leverage as a single contractor to take on anything other than a one man band......

Logical argument that i used to accept (and thus walk away from contracts with stupid contract T&C's), until i realised something.

The agent is not a "FTSE 100 business, with 4000 contractors on site" and it's his personal commission that is at stake, if he knows you are willing to walk you will be suspired how many cave in

[SueEllen]

Also depends on the scale of the agency - I had a brolly company try and tell me that I had to change my contracts for them to pay someone.

The return of "we're a FTSE 100 business, with 4000 contractors on site, I don't think changing our contracts to suit you is high on our list of priorities, do you!?!" got the job done - but seriously - I doubt you'd have the leverage as a single contractor to take on anything other than a one man band......

Oddly enough if you use a good enough lawyer they can get the contracts changed regardless of the size of the agency. Obviously you are paying for it............

[The Agents View]

Also depends on the scale of the agency - I had a brolly company try and tell me that I had to change my contracts for them to pay someone.

The return of "we're a FTSE 100 business, with 4000 contractors on site, I don't think changing our contracts to suit you is high on our list of priorities, do you!?!" got the job done - but seriously - I doubt you'd have the leverage as a single contractor to take on anything other than a one man band......

[SueEllen]

I think the best here would be to provide an own contract to the agent, why not using a PCG contract. Trying to changesomething so wrong will be more of a pain.

You would be extremely lucky if an agent allowed you to use this.

Most of them give you bull about how their contract is standard and no one else complaints so they aren't accepting your contract.

However if you get a lawyer involved who rips it to pieces then they will change it.

[dynamicsaxcontractor]

Question is though, with such outlandish terms in the contract does the agency even care and will they change it. Some of those dont even make sense let alone be enforceable.

I think the best here would be to provide an own contract to the agent, why not using a PCG contract. Trying to changesomething so wrong will be more of a pain.

[northernladuk]

Question is though, with such outlandish terms in the contract does the agency even care and will they change it. Some of those dont even make sense let alone be enforceable.

[BolshieBastard]

Suggestion -

Pay for your contract to be reviewed by a lawyer.

Or someone like Bauer & Cotterill! Best couple of hundred quid I spent. Got some clauses removed from a contract. I know others who've personally tried to negotiate clauses out with the same agent and failed.

[SueEllen]

So, it's time to sign a new contract, and accordingly, to brace yourself up to deal with a new bunch of incompetent and repulsive liars - our dear pimps..
So, here goes the rant:
Before sending the contract, they forwarded me a "Form", addressed personally to me, to "fill-in and send back" by email, which contained the offer's basic details (rate, start date etc) and was meant to be "offer acceptance" and "opt-out" confirmation from my side . Also, the opt-out notification was worded something like: "The Service Provider is a company, and I am the person who shall be supplied to carry out the work. I, and the Service Provider, agree...". Also, at the top it had Candidate: Explorer, and at the bottom end, was to be signed by me (personally), and not by myCo director..I refused to deal with this crap, and all I returned was an opt-out, one-liner email confirmation (I know opting-out at this stage doesn't make any sense).
And now the contract part:
1. Definitions Section:
"Service Provider means the limited company with which the Agreement is made and shall include the Consultant(s)." The consultant referred-to here has been named as me several times in the contract, and in it's associated schedule.
2. Now this is the crappiest sh**, I have come across recently..
The Service Provider warrants that:
the Consultant is the Service Provider’s director and shareholder and exercises sole financial and management control over the company’s structure and business operations.
3. Here's an interesting one:
The Company may terminate the Agreement forthwith should;
the Client fail to make payment to the Company in accordance with any of its agreements with the Company for the provision of Services. This Sub-Clause is not restricted to the Client’s failure to pay for the Service Provider’s Services provided pursuant to the Agreement;
a receiver, administrative receiver, administrator or similar officer be appointed to the Service Provider or any part of its assets or undertaking
a receiver, administrative receiver, administrator or someone of similar office be appointed to the Client or any part of its assets or undertakings
4. The Service Provider shall maintain, during the Agreement, adequate employers’ liability insurance, public liability insurance and professional indemnity insurance. What defines "adequate"?
5. IPR: .. and the Service Provider agrees to assist the Client in obtaining any necessary licence or patent in relation to such copyright and all other Intellectual Property Rights. what is that supposed to mean?
6. The schedule attached to the contract contains details like my name, home address, nationality, visa
7. Other slightly repulsive features of this contract include:
1 month for payment, although they are supposedly using the weekly online timesheet system..
1 year restrictive clause, and this includes client's clients and it's "associated companies" (Is this common?)
A month notice-period.

Please can you folks care to pour-in your thoughts on these?

Ta..

Suggestion -

Pay for your contract to be reviewed by a lawyer.

[dynamicsaxcontractor]

So, it's time to sign a new contract, and accordingly, to brace yourself up to deal with a new bunch of incompetent and repulsive liars - our dear pimps..
So, here goes the rant:
Before sending the contract, they forwarded me a "Form", addressed personally to me, to "fill-in and send back" by email, which contained the offer's basic details (rate, start date etc) and was meant to be "offer acceptance" and "opt-out" confirmation from my side . Also, the opt-out notification was worded something like: "The Service Provider is a company, and I am the person who shall be supplied to carry out the work. I, and the Service Provider, agree...". Also, at the top it had Candidate: Explorer, and at the bottom end, was to be signed by me (personally), and not by myCo director..I refused to deal with this crap, and all I returned was an opt-out, one-liner email confirmation (I know opting-out at this stage doesn't make any sense).
And now the contract part:
1. Definitions Section:
"Service Provider means the limited company with which the Agreement is made and shall include the Consultant(s)." The consultant referred-to here has been named as me several times in the contract, and in it's associated schedule.
2. Now this is the crappiest sh**, I have come across recently..
The Service Provider warrants that:
the Consultant is the Service Provider’s director and shareholder and exercises sole financial and management control over the company’s structure and business operations.
3. Here's an interesting one:
The Company may terminate the Agreement forthwith should;
the Client fail to make payment to the Company in accordance with any of its agreements with the Company for the provision of Services. This Sub-Clause is not restricted to the Client’s failure to pay for the Service Provider’s Services provided pursuant to the Agreement;
a receiver, administrative receiver, administrator or similar officer be appointed to the Service Provider or any part of its assets or undertaking
a receiver, administrative receiver, administrator or someone of similar office be appointed to the Client or any part of its assets or undertakings
4. The Service Provider shall maintain, during the Agreement, adequate employers’ liability insurance, public liability insurance and professional indemnity insurance. What defines "adequate"?
5. IPR: .. and the Service Provider agrees to assist the Client in obtaining any necessary licence or patent in relation to such copyright and all other Intellectual Property Rights. what is that supposed to mean?
6. The schedule attached to the contract contains details like my name, home address, nationality, visa
7. Other slightly repulsive features of this contract include:
1 month for payment, although they are supposedly using the weekly online timesheet system..
1 year restrictive clause, and this includes client's clients and it's "associated companies" (Is this common?)
A month notice-period.

Please can you folks care to pour-in your thoughts on these?

Ta..

Are you for real? Do you have any other contracts on the go or can you go direct? I am not sure if I would feel happy risking my income working with this kind of agent.

[explorer]

So, it's time to sign a new contract, and accordingly, to brace yourself up to deal with a new bunch of incompetent and repulsive liars - our dear pimps..
So, here goes the rant:
Before sending the contract, they forwarded me a "Form", addressed personally to me, to "fill-in and send back" by email, which contained the offer's basic details (rate, start date etc) and was meant to be "offer acceptance" and "opt-out" confirmation from my side . Also, the opt-out notification was worded something like: "The Service Provider is a company, and I am the person who shall be supplied to carry out the work. I, and the Service Provider, agree...". Also, at the top it had Candidate: Explorer, and at the bottom end, was to be signed by me (personally), and not by myCo director..I refused to deal with this crap, and all I returned was an opt-out, one-liner email confirmation (I know opting-out at this stage doesn't make any sense).
And now the contract part:
1. Definitions Section:
"Service Provider means the limited company with which the Agreement is made and shall include the Consultant(s)." The consultant referred-to here has been named as me several times in the contract, and in it's associated schedule.
2. Now this is the crappiest sh**, I have come across recently..
The Service Provider warrants that:
the Consultant is the Service Provider’s director and shareholder and exercises sole financial and management control over the company’s structure and business operations.
3. Here's an interesting one:
The Company may terminate the Agreement forthwith should;
the Client fail to make payment to the Company in accordance with any of its agreements with the Company for the provision of Services. This Sub-Clause is not restricted to the Client’s failure to pay for the Service Provider’s Services provided pursuant to the Agreement;
a receiver, administrative receiver, administrator or similar officer be appointed to the Service Provider or any part of its assets or undertaking
a receiver, administrative receiver, administrator or someone of similar office be appointed to the Client or any part of its assets or undertakings
4. The Service Provider shall maintain, during the Agreement, adequate employers’ liability insurance, public liability insurance and professional indemnity insurance. What defines "adequate"?
5. IPR: .. and the Service Provider agrees to assist the Client in obtaining any necessary licence or patent in relation to such copyright and all other Intellectual Property Rights. what is that supposed to mean?
6. The schedule attached to the contract contains details like my name, home address, nationality, visa
7. Other slightly repulsive features of this contract include:
1 month for payment, although they are supposedly using the weekly online timesheet system..
1 year restrictive clause, and this includes client's clients and it's "associated companies" (Is this common?)
A month notice-period.

Please can you folks care to pour-in your thoughts on these?

Ta..