one for the lawyers
Discussion
Just negotiating a job and they want this clause in:
You shall not, for a period of six months after the end of this Agreement, deal with, solicit or seek the custom of any entity or person who is or was an actual or potential client, business contact or customer of the Company (or of any company in the group) in the twelve months before the end of this Agreement and with whom you had contact or about whom you became aware is an actual or potential customer of the Company.
is this possible to enforce or is it a restriction of trade?
Opinions welcomed.
Ta
You shall not, for a period of six months after the end of this Agreement, deal with, solicit or seek the custom of any entity or person who is or was an actual or potential client, business contact or customer of the Company (or of any company in the group) in the twelve months before the end of this Agreement and with whom you had contact or about whom you became aware is an actual or potential customer of the Company.
is this possible to enforce or is it a restriction of trade?
Opinions welcomed.
Ta
Depends on the exact nature of what you are being contracted to do but my gut reaction is that it is too wide:
Customers and potential customers - should really only be limited to customers that you have had contact with or identified potential customers that you have been involved with.
Probably needs a geographic limit too, but depends on the nature of the job. Am afraid you won't get a definitive yes/no answer unless it goes to court.
Whether you accept it or not really depends on a couple of things:
are you likely to breach the terms (whether enforceable or not)?;
are they likely to pursue you for breach of contract?; and
can you afford/be bothered to argue it?
Customers and potential customers - should really only be limited to customers that you have had contact with or identified potential customers that you have been involved with.
Probably needs a geographic limit too, but depends on the nature of the job. Am afraid you won't get a definitive yes/no answer unless it goes to court.
Whether you accept it or not really depends on a couple of things:
are you likely to breach the terms (whether enforceable or not)?;
are they likely to pursue you for breach of contract?; and
can you afford/be bothered to argue it?
Liszt said:
DamoLLb said:
what type of area do you operate in, national, international, regional?
It's a contract Project Management job in Engineering working internationaly
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