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mike_m · 14-11-2005, 09:01

just going over a maintenance contract with a client - they want to prepay a day a month for us for general bits and bobs, and most of it's fine, but this:

Quote:

The agreement will run year to year. The decision to renew or not renew will be confirmed by both parties 3 months before the end of the current contract year.
Should the CLIENT cancel this agreement ahead of a year end it will forfeit any payments already made for the year.
Should CNM cancel ahead of a year end they will return any unexpended funds paid by the CLIENT. In addition to this they will pay for a contractor selected by the CLIENT to take their place for the remainder of the contract year. The rate paid will be current market rate for the number of days required to meet the year end and an additional 5 days familiarisation time for the replacement contractor.

Rings alarm bells, not going to agree to that. How do you guys tackle this issue?

sub · 14-11-2005, 09:04

Supply the client your ts and cs - if they conflict try and come to an agreement and write up a bespoke contract to that client.

Brown · 14-11-2005, 09:04

cross it out and tell them that you're not willing to leave it in there.

mike_m · 14-11-2005, 09:53

Quote:

Originally Posted by subcircle

Supply the client your ts and cs - if they conflict try and come to an agreement and write up a bespoke contract to that client.

yeah, but our T&C's are for fixed length projects only - we've never had a maintenance contract, as most client work after a project is signed off, is just done ad hoc and billed as it comes.

Quote:

Originally Posted by Brown

cross it out and tell them that you're not willing to leave it in there.

well yeah, I'm definitely not letting that through - I just wanted to know what arrangements you guys have come up with for cancellations on the designers side of a 12 month contract - what is the common agreement in this situation ?

stormfx · 16-11-2005, 14:36

Rather than having an annual maintenance contract, why don't you suggest a rolling month-by-month contract? That way, if you or the client decide you want out, this can be arranged at a month's notice. You could suggest that the contract be reviewed on an annual basis, to check that both you and the client are still happy with its contents.

Other than that, if the client insists on an annual contract, suggest that the contract ties them in for a year, and if they have paid you any fees up front, these will be non-refundable. The client may then be more inclined to agree to the monthly agreement, which frees you up a little more.

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14-11-2005, 09:04	#2 (permalink)
sub Shitcasket™ Join Date: Jul 2005 Location: Brighton Posts: 3,972	Supply the client your ts and cs - if they conflict try and come to an agreement and write up a bespoke contract to that client.

14-11-2005, 09:04	#3 (permalink)
Brown volkswagen yellow & gold Join Date: Apr 2003 Location: london, england. Posts: 6,190	cross it out and tell them that you're not willing to leave it in there.

16-11-2005, 14:36	#5 (permalink)
stormfx ...OK, I'm working on it! Join Date: Nov 2005 Location: UK Posts: 6	Rather than having an annual maintenance contract, why don't you suggest a rolling month-by-month contract? That way, if you or the client decide you want out, this can be arranged at a month's notice. You could suggest that the contract be reviewed on an annual basis, to check that both you and the client are still happy with its contents. Other than that, if the client insists on an annual contract, suggest that the contract ties them in for a year, and if they have paid you any fees up front, these will be non-refundable. The client may then be more inclined to agree to the monthly agreement, which frees you up a little more.

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