Contract terms and conditions

[bren586]

How far do you read your contracts ? Just up to the line that says "X per hour" and then a quick check to see how soon you get paid.

Background is I got a contract direct with the client. Go me.

Unfortunately they insist that I go through one of their preferred suppliers - We have already done the rate so it is only their money they are pishing away.

Contract arrives a week before I start so I plough through it.

Of the clauses that offended me the most was the IP clause. The client owns all the IP I produce during the life of the contract including my off hours AND for a year later.

I can't work for any one else during the life of the contract so no plan b.

And of course the anti competition clause. Can't work for any one for one year unless the agent gets a large chunk of my rate.

If I am in breach of any of these clauses (as judged by them selves) they get to fine me €50,000 and €500 per day.

I sent it back and of course it came back today with a few minor changes but nothing of substance.

My last day at work on my current contract is today and the boss is waving extensions and rate rises about.

Client does not know about all this yet but when I turn up on Monday with no contract.....

[DimPrawn]

Unfortunately they insist that I go through one of their preferred suppliers - We have already done the rate so it is only their money they are pishing away.

Ask to go through one of their other preferred suppliers.
Ask to become one of their preferred suppliers.
Prefer something else and get a new client.

I'm beating off work with a tulipty stick.

[Paddy]

What country is the contract drafted in?

[bren586]

What country is the contract drafted in?

Holland. Where the anti competition clause is legal - or untested.

That does not matter - I got the contract. What right has the agent to restrict me?

[bren586]

Ask to go through one of their other preferred suppliers.
Ask to become one of their preferred suppliers.
Prefer something else and get a new client.

I'm beating off work with a tulipty stick.

You and me both - I have 2 offers and a couple of short lists to fall back on.

This job is moving up the food chain though so long term it is a good thing.

I have to give the preferred supplier a chance to screw up before I get a chance to go to another one.

I just exercised the nuclear option and told them - 4pm today, contracts the way I want them or I go the client and they throw their toys out of the pram.

[tim123]

I don't fully understand. Are you negotiating direct and having to be paid through an agent?

If this is the case, then expect them to strike the non compete clause. It is completely not applicable,. They didn't get you the gig, they have NO position to protect.

The clause about working for somone else may be the client's request. If it isn't, get it struck as well.

The IP clause won't stand up in court. It's actually better that it is there as a court won't amend it, they will completely strike it out. A more reasonable clause may be allowed. So, by asking for too much, they risk getting nothing.

And the compensation clause won't stand either. Only a court can fine you, a clause in a contract that seeks to do so, is void.

HTH

tim

[bren586]

I don't fully understand. Are you negotiating direct and having to be paid through an agent?

If this is the case, then expect them to strike the non compete clause. It is completely not applicable,. They didn't get you the gig, they have NO position to protect.

The clause about working for somone else may be the client's request. If it isn't, get it struck as well.

The IP clause won't stand up in court. It's actually better that it is there as a court won't amend it, they will completely strike it out. A more reasonable clause may be allowed. So, by asking for too much, they risk getting nothing.

And the compensation clause won't stand either. Only a court can fine you, a clause in a contract that seeks to do so, is void.

HTH

tim

I went direct but the client will only pay through prefered suppliers.

My new boss just called me and I mentioned the contract circus and he told me that employees have this sort of clause but mine is a b2b contract so it is all about deliverables.

[Sockpuppet]

I'd stay. If they want to play hardball with the conditions unless you are going to help set up the next big thing (i.e. YouTube) tell em to naff off.

[ratewhore]

I read the contract in detail - as any contractor should!!