Originally posted by MarillionFan
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Firstly, It seems they have tried to cover themselves for all eventualies, including people going direct who are opted in (Im assuming you are opted in because if you arent you are a f*ckwit!) however for this clause to be "enforceable" it has to be specific.
If a judge reads that clause he very well might strike it down as not being specific enough as he might interpret it to mean you cant work for the client ANYWHERE IN THE WORLD.
Secondly, read your contract and see what it says about payment.
Thirdly, are you opted in or out or shake it all about? If you are opted out then you deserve to be f*cked about by these guys! Sorry to be harsh but thats just the truth of the matter. Others will disagree, but they themselves are f*ckwits when it comes to protecting your revenue stream!
Fourth, if the client is happy for you to change...then go for it! You can always say it was the client that advised you to change
The agent could try to sue you BUT in reality unless you are earning gazzilions or are a CEO or something like that the agent stands to lose a heck of a lot more money than they could ever hope to claim back from you (even if you are ordered to pay their costs).
Finally...name and shame baby!
Then again...why dont you get "professional" advice from a lawyer? They might be able to decypher this for you a bit more clearly. Of course, like all advice here, this is worth about as much as you paid for it
MailmanLeave a comment:
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Yep quote 10p for the services effort expended in providing the product X.Originally posted by The Lone Gunman
Product X is of course a contract for the supply of a product (or a package of service days) in a fixed timescale. Invoicing is obviously monthly and pro-rata over this timescale. i.e. your daily rate.Leave a comment:
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There are at least 2 obvious work arounds available in that clause.
Go direct.
1. It specifies "similar consultancy services". Write a contract for other services not similar.
2. They require 25% of the renumeration for the services. Quote 10 quid for the services.
I am sure you can work out the details.Leave a comment:
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More importantly, what does the contract say about payment terms? The agent may be invalidating the contract anyway by not paying you promptly.
At the end of the day, if your client is prepared to indemnify YourCo against possible penalties (and you should, of course, negotiation on this basis), don't sweat about it.Leave a comment:
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Agency Not Paying On Time
Hi,
I was looking for some advice with a problem I have been encountering with my agency. Basically they are not paying on time, they are sometimes over a week late and blame it on a multitude of problems such as sickness in accounts, problems with factoring companies etc. I have raised this with the client and they are happy for me to change agencies and terminate my current agreement however I don't think my current agency would be happy with that. The agency have not filed accounts for the last year and are overdue with companies house and a credit check shows they are very high risk. I have edited the contract wording below to remove the agencies name and replaced with agency x. Any advice would be appreciated.
Their T&C's state;
"During the contract term or thereafter for a period equivalent to the period of supply under this agreement (but not being less than 3 months nor more than 12 months) either directly or indirectly (whether under a contract of services or through any 3rd party) provide similar consultancy services to the client or end user except through contract through agency x unless the supplier shall first have paid agency x a fee of 25% of the total renumeration agreed to be paid for the services by the client or end user for the relevant period of supply (not exceeding 12 months ) plus vat
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