subtle worsening of contract terms

[Redistou]

Hi

Im heading into the 13th month of a contract and the agency used to pay on submission of invoice- then they switched to payment "within" 14 days. An email from them at the time said as they were the contractual terms thats what we would be getting from now on. Fair enough.

On contract extension, two attempts to confirm terms prior to extension date failed to produce any paperwork - though I was told verbally that payment had stayed at 14 days - then the contract arrived on the day hand delivered with the expectation, I think that we would sign there and then, though I didnt.

Close inspection reveals that the terms are now "release to BACS" within 14 days. Given the 3 working days of a BACS payment this would shift payment to nearly another week on a friday invoice, to add to the week or so they've already added since I started.

I've questioned the change in wording and asked for explanation and after some chasing have only received a 'holding' "we'll get back to you". Do I sign the contract and shrug my shoulders? Do I keep chasing? Im working on an unsigned contract and have already passed one invoice date.

Who owns all the cards here? What are my risks? what are theirs? The way I see it Ive caught them dicking me around after a year of blameless contracting with them and they should go back to the old terms or raise their rate. They probably see it as a fuss over nothing - whats 3 days?... Im only hurting myself by refusing to sign or submit invoices.

Who's right? What do I do?

cheers

[NotAllThere]

Cross out the offending clause, put your own terms in, initial the changes and sign the contract. Make a notarised copy.

[Flat Eric]

The agency wasn't Huxley's by any chance (or possible on of the other S3 leeches).

I was with Huxleys in my last gig and they did the same thing to me. In fairness, Huxleys were paying me every week on submission of timesheets & invoices. They only later said they were going to strictly adhere to the terms of the contract which was 14 days.

I was a bit miffed initially but it still didn't stop me invoicing weekly and meant that I had a weeks gap in terms of money coming into my company.. No big deal. It did however double the risk I was taking in them defaulting or sodding off with my wonga.

[TheFaQQer]

Im working on an unsigned contract and have already passed one invoice date.

You've already accepted the contract by working there without one. Nothing you can do from here, apart from take the payment terms that they are offering and remember for next time.

[Hex]

If they've sent you a new contract and you're still working then you're deemed to have accepted that contract unless you object in writing. Alternatively, amend the contract with your changes and send it back quick as another poster has suggested.

If you delay, you are already working under the terms of their contract.

If the renewal only just kicked in this week then back date the signing of the contract, get it in the post quick and claim it was delayed by the postal strike.

[FCSimmo]

Computer Vultures

I've just had the same change with Computer Futures, they used to pay weekly but apparently people started kicking up a fuss when payments were taking longer than a week so they said stuff you and reiterated the contractual obligation of 14 days...

I'ts not really a big deal, and I've yet to have any problems with payment after 12+ months of working for them

[Redistou]

good suggestions thanks all

Thanks everyone for good advice - modifying the contract and sending it back seems to make perfect sense and is simple and effective. It will be interesting to see what transpires.

I note the point about "implied acceptance" - But the contract was only presented for inspection 3 hours into the contract and I immediately questioned the terms ( on email ) and informed them I was working on a non- acceptance basis as a goodwill gesture, so that would be a hard one for them to press.

Thanks again all for brief, sane advice.