Hi
Situation is, have been contracting with end client for 4 years and they want to renew contract, however contract is through a 3rd party supplier, who then use an agency to employ me, so - end client - 3rd party - agency - me. Contract with agency came to a natural end this week with the usual lack of contact from them, no chasing of renewals or anything. 3rd party no longer wish to use the agency as they are not a preferred supplier and client has issued 3 month renewal with 3rd party. My, now lapsed, contract with agency has this clause in it, how valid is this really, especially if the contract has lapsed and they are not actively chasing renewal, and the 3rd party don't use the agency now ?
thanks
"not during the Contract Period or thereafter for a period equivalent to the period of this Contract or, where there has been more than one Assignment between the Company and us within the last two years, for the total period of all Assignments within the last two years with the relevant Client (but not being less than 3 months nor more than 12 months) either directly or indirectly (whether under a contract of service or contract for services or through any third party) provide any services to the Client in any capacity except by contract through us unless the Company shall first have paid to us a fee of 200f the total remuneration including the value of benefits attributed by HM Revenue & Customs agreed to be paid or provided by the Client for the relevant period of provision of such services (but not exceeding 12 months) plus VAT; but this provision shall not affect the Company if it is, and has notified us that it is, an Umbrella Company and the services referred to are services that (i) have not been sourced by us or do not result from the introduction by us of the Company to the Client, and (ii) are not performed or provided by the Representative"
Situation is, have been contracting with end client for 4 years and they want to renew contract, however contract is through a 3rd party supplier, who then use an agency to employ me, so - end client - 3rd party - agency - me. Contract with agency came to a natural end this week with the usual lack of contact from them, no chasing of renewals or anything. 3rd party no longer wish to use the agency as they are not a preferred supplier and client has issued 3 month renewal with 3rd party. My, now lapsed, contract with agency has this clause in it, how valid is this really, especially if the contract has lapsed and they are not actively chasing renewal, and the 3rd party don't use the agency now ?
thanks
"not during the Contract Period or thereafter for a period equivalent to the period of this Contract or, where there has been more than one Assignment between the Company and us within the last two years, for the total period of all Assignments within the last two years with the relevant Client (but not being less than 3 months nor more than 12 months) either directly or indirectly (whether under a contract of service or contract for services or through any third party) provide any services to the Client in any capacity except by contract through us unless the Company shall first have paid to us a fee of 200f the total remuneration including the value of benefits attributed by HM Revenue & Customs agreed to be paid or provided by the Client for the relevant period of provision of such services (but not exceeding 12 months) plus VAT; but this provision shall not affect the Company if it is, and has notified us that it is, an Umbrella Company and the services referred to are services that (i) have not been sourced by us or do not result from the introduction by us of the Company to the Client, and (ii) are not performed or provided by the Representative"
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