Contract states 6 year right of unfettered access to systems for "audit purposes" Contract states 6 year right of unfettered access to systems for "audit purposes"
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  1. #1

    Nervous Newbie


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    Default Contract states 6 year right of unfettered access to systems for "audit purposes"

    Have been sent terms for a new gig via agency>LA procurement org>local authority client

    The terms have a clause requiring to provide the agency, the procurement org and LA client for 6 years post contract with:

    a) reasonable access to any sites controlled by the Subcontracted Supplier and any equipment used in the performance of the works

    and

    b) unfettered access to its systems (including inter alia mobile access via laptop computers and other portable devices)


    Anyone come across this before? What did you do?

    I likely to need to use a client laptop to access their secure systems and won't be using any of my own systems. At a push, I wouldn't object to a) as it seems reasonable to audit any equipment I did end up using, but b) seems particularly expansive and onerous...

  2. #2

    More time posting than coding


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    Can't speak for others, but I'd get the clauses removed or walk personally.

    If you're using a client laptop then the second part of first clause is pointless. Reasonable access to any sites? Presumably your company website is meant by that. Well, duh, a url is all that's needed.

    The second part is the one I'd object to the most. At it's most draconian, they want to be able to access any of your equipment to check you're not stealing code or worse in their eyes - the worse offence of sending emails pointing out they are overbearing, clueless control freaks.

    Try pushing back - point out a fully locked down laptop means any code stealing can't happen. Presumably should they provide a company email address that would be monitored anyway. Hopefully they'd see sense and back down.

    6 years is utterly ridiculous.

  3. #3

    Fingers like lightning


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    Never seen it in contracting but heard about a similar clause in a redundancy agreement a Director I had dealings with had.

    Basically unenforceable as they don't have any facility to gain access to any of your equipment unless you surrender it.

    Do all your work on the client laptop and forget about it.

  4. #4

    Contractor Among Contractors


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    Quote Originally Posted by perplexed View Post
    Reasonable access to any sites? Presumably your company website is meant by that. Well, duh, a url is all that's needed.
    Fairly sure they mean sites, not websites. As in offices etc.

    I have seen similar terms for the end of contract, but not for 6 years thereafter. The main concerns is stolen IP and presumably allows them to investigate allegations without court order, since you already agreed to give them access.

    How (un)enforceable are they is open to debate. Ask for them to be removed/reduced or walk away, ultimately it's up to you.

  5. #5

    Prof Cunning @ Oxford Uni

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    The biggest thing I'd want to ensure is that the client supplies the hardware and ensures that said hardware is secure.

    If they ask you to use your own, refuse on the grounds that they are one of your multiple clients and you cannot give them access to equipment that contains client confidential information.
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