The recruitment agency (xyz) I had a contract to work for a client is withholding the payment.
The client ended the contract stating that they are not happy with my performance and paid for the all work done plus one week additional for the notice period.
The recruitment agency saying they shall deduct from my payment because I breached the contract by not performing to the required standard and they incurred losses. In accordance with clause 3(f) and 10 of the contract, XZY shall deduct this sum from outstanding invoices.
Please advise on how to respond to the agency claim.
PS: I have extracted section 3(f) and 10 from the contract and shown below.
3 (f) Whenever under this Contract or otherwise arising from the relationship between XYZ and the Consultant Company any sum of money shall be recoverable from or payable by the Consultant Company, the same may be deducted from any sum then due, or which thereafter may become due, to the Consultant Company under this Contract, or any other contract between XYZ and the Consultant Company (or any of its affiliates).
10 Indemnity
The Consultant Company shall indemnify and hold harmless XYZ against any and all claims costs expenses losses or damages whether direct or consequential arising from the Consultant Company's breach of any provision of this Contract including all administration costs and all claims costs expenses losses or damages arising from the negligence or acts or omissions of the Consultant Company or its employees agents or subcontractors.
The client ended the contract stating that they are not happy with my performance and paid for the all work done plus one week additional for the notice period.
The recruitment agency saying they shall deduct from my payment because I breached the contract by not performing to the required standard and they incurred losses. In accordance with clause 3(f) and 10 of the contract, XZY shall deduct this sum from outstanding invoices.
Please advise on how to respond to the agency claim.
PS: I have extracted section 3(f) and 10 from the contract and shown below.
3 (f) Whenever under this Contract or otherwise arising from the relationship between XYZ and the Consultant Company any sum of money shall be recoverable from or payable by the Consultant Company, the same may be deducted from any sum then due, or which thereafter may become due, to the Consultant Company under this Contract, or any other contract between XYZ and the Consultant Company (or any of its affiliates).
10 Indemnity
The Consultant Company shall indemnify and hold harmless XYZ against any and all claims costs expenses losses or damages whether direct or consequential arising from the Consultant Company's breach of any provision of this Contract including all administration costs and all claims costs expenses losses or damages arising from the negligence or acts or omissions of the Consultant Company or its employees agents or subcontractors.
Comment