Pride
October-9th-2012, 09:18 PM
My first post on these forums, I've watched for many years and my boss convinced me to create an account. I looked at the rules and did a search. I see many individual people asking for legal advice but no "The Legal Advice" thread so I hope its ok I post this.. Kind of a off first thread but I've witness this community be very helpful with each other so I figure what the hell?
I’m dealing with this really out there client. She came to me to do some basic computer training. No problem easy.. We had to move on this quickly or we’d miss some opportunities so I started doing training two weeks ago without a signed contractin place.. Let me be clear that there are no emails, or verbal conversations that say “I will train these people without a contract”.. The other party I’m dealing with just assumed I would and scheduled them up, then let me know. Of course I'm not going to shine the opp so I just started training them.
In any event she begins to try to dictate terms to me. Fine whatever, so I beat her to the punch and send her a standard service agreement. She takes that as her queue to have her lawyer add all these crazy things to it..For instance… She’d own any intellectual property, inventions, documents etc that I create in regards to the training, also any employees that my company hires has to be approved by her and have to be W2 employees. I have to have a particular amount of business insurance.. I have to provide her with my software licenses(which is against many companies TOS like Microsoft), and I’m not allowed to market, sell or provide my services to anyone else. I politely let her know that typically someone doesn't seek out a service provider and then start dictating terms to them beyond the standard confidential agreement sort of thing. I related her contract to someone calling up papa johns to order a pizza under the condition that you own the recipe, the delivery truck, inquire about the drivers insurance and inform them they can’t sell pizza to anyone but you, PJ's would laugh at you if they didn't outright hang up on you. Anyway[/COLOR][/COLOR][/FONT]
So obviously I tell her I won’t do business under those conditions.I resend my service agreement and let her know that my terms are nonnegotiable. She either agrees to them or finds someone else to do her training.Well I’m into the second of four weeks of training.. I want to tell her “I will not be able to continue services if the service agreement is not signed by10/12/2012”
I have a feeling this lady is going to drag her feet the remaining two weeks of the training and then tell me to F off. Which is fine, I have plenty of emails discussing my compensation that it would be difficult for her to stiff me. My concern is for the welfare of my company continuing on any longer without the protection of an agreement.
Any help would be greatly appreciated =)
I’m dealing with this really out there client. She came to me to do some basic computer training. No problem easy.. We had to move on this quickly or we’d miss some opportunities so I started doing training two weeks ago without a signed contractin place.. Let me be clear that there are no emails, or verbal conversations that say “I will train these people without a contract”.. The other party I’m dealing with just assumed I would and scheduled them up, then let me know. Of course I'm not going to shine the opp so I just started training them.
In any event she begins to try to dictate terms to me. Fine whatever, so I beat her to the punch and send her a standard service agreement. She takes that as her queue to have her lawyer add all these crazy things to it..For instance… She’d own any intellectual property, inventions, documents etc that I create in regards to the training, also any employees that my company hires has to be approved by her and have to be W2 employees. I have to have a particular amount of business insurance.. I have to provide her with my software licenses(which is against many companies TOS like Microsoft), and I’m not allowed to market, sell or provide my services to anyone else. I politely let her know that typically someone doesn't seek out a service provider and then start dictating terms to them beyond the standard confidential agreement sort of thing. I related her contract to someone calling up papa johns to order a pizza under the condition that you own the recipe, the delivery truck, inquire about the drivers insurance and inform them they can’t sell pizza to anyone but you, PJ's would laugh at you if they didn't outright hang up on you. Anyway[/COLOR][/COLOR][/FONT]
So obviously I tell her I won’t do business under those conditions.I resend my service agreement and let her know that my terms are nonnegotiable. She either agrees to them or finds someone else to do her training.Well I’m into the second of four weeks of training.. I want to tell her “I will not be able to continue services if the service agreement is not signed by10/12/2012”
I have a feeling this lady is going to drag her feet the remaining two weeks of the training and then tell me to F off. Which is fine, I have plenty of emails discussing my compensation that it would be difficult for her to stiff me. My concern is for the welfare of my company continuing on any longer without the protection of an agreement.
Any help would be greatly appreciated =)