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
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
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).
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