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JG
JG, Attorney
Category: Business Law
Satisfied Customers: 281
Experience:  Worked for large NYC law firm, state judge and in-house counsel. Published in top legal journals.
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My company is outsourcing a job to another company. That company

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My company is outsourcing a job to another company. That company will be performing work for a client of my company. We would like the company that we are outsourcing the work to to sign some type of nonsolicate agreement with us that says they can not solicate or contact any of our clients that we outsource to then or any of our emloyees for a certain time period. Possibly 5 years. Is there a timeframe that the law allows that we can use? For example will the law allow us to do it for 5 years as long as a parties agree or is the limit 3 years? Also what is this agreement called and MOST IMPORTANTLY, where can I purchase on at? A standard one or template is fine as long as it is for a business that is outsourcing work. I have found many online for employees but we prefer to have something that speaks more out the company that we are outsourcing and not employees.
Thanks
Submitted: 5 years ago.
Category: Business Law
Expert:  JG replied 5 years ago.

JG :

The agreement you are looking for would properly be termed a "non-solicitation" agreement. The enforceability of these types of agreements typically turn on their reasonableness- it is not something prescribed by statute. Therefore a 25 year non-solicitation agreement may be found unenforceable because it might be viewed by a court as unreasonable- in general the fewer the number of years the more reasonable (similar to non-compete agreements). This is not to say that 5 years wouldn't be found reasonable just that 3 would be more reasonable than 5 (so three may be the safer choice).

JG :

The best way to get a tailored commercial non-solicitation agreement or solicitation limitation agreement would be to consult a business attorney licensed in you jurisdiction. You should be able to get a custom tailored agreement incorporating any relevant provisions of Maryland law for under $1,000.

JG :

Using internet forms is not advisable in the business context- typically business parties are considered to be sophisticated and if their agreements are not drafted carefully with the assistant of counsel ambiguous provisions may be construed against them.

JG :

If my answer was satisfactory to you please accept the answer so I can receive credit for my response and please leave feedback if you found the information helpful. BONUSES are appreciated.

Thank you.
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