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RESPONDER9
RESPONDER9, Attorney
Category: Business Law
Satisfied Customers: 389
Experience:  Experienced attorney providing diverse business law advice.
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I have an Indian consultancy company in India and I provide

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I have an Indian consultancy company in India and I provide staffing services to the Indian clients. 1st time I have given a candidate to USA client and the corresponding vendor wants to pay me on monthly basis for the services. Since I am on H1 I can NOT get any money from the vendor as he doesn't hold my H1.

In that case:

1 Can I make agreement between my Indian company and USA vendor and receive payment check for my Indian company.

2.Can the agreement be enforceable, so that if USA vendor breaches the contract, my Indian company can sue him.

3.Any other solution??!!

Will really appreciate the detailed answer.

Best Regards,

RESPONDER9 :

Hello and welcome to JustAnswer.com. I will attempt to answer your questions.

RESPONDER9 :

1. Yes, I see no barriers to this type of agreement. 2. Yes, if both parties structure the agreement in this manner, it will be enforceable. 3.Other possibilities-believe third party payment systems available such as Paypal although cannot and will not endorse any such system as my advice is limited to generalities only.

RESPONDER9 :

Your positive rating is needed for me to secure payment for my services so I trust will do so after reading this. Thank you for your questions and best wishes for the new year.

Customer:

1.No comments. Thanks for your answer.

Customer:

1.Thanks for your answer.
2.Where will be the jurisdiction of the case. India or USA. Even if the jurisdiction is USA can I still enforce the agreement in USA court.
3.If 3rd Party payment system can be done, but do I need to make an agreement for the 3rd party payment system so that they might not stop the payment after some time, and if they do I may pull him to the court. I mean I really couldn't understand how I can make the system work. I am finding this as most suitable for now, but not sure about its functionality.

Customer:

Greetings,
1.Thanks for your answer.
2.Where will be the jurisdiction of the case. India or USA. Even if the jurisdiction is USA can I still enforce the agreement in USA court.
3.If 3rd Party payment system can be done, but do I need to make an agreement for the 3rd party payment system so that they might not stop the payment after some time, and if they do I may pull him to the court. I mean I really couldn't understand

Customer:

Greetings,
Thank you for your time to reply my questions. I got some doubts so thought to clarify.
1.Thanks for your answer.
2.Where will be the jurisdiction of the case. India or USA. Even if the jurisdiction is USA can my Indian company still enforce the agreement in USA court.
3.If 3rd Party payment system can be done, but do I need to make an agreement for the 3rd party payment system so that they might not stop the payment after some time, and if they do I may pull him to the court. I mean I really couldn't understand

Customer:

Oops please ignore my many replies and consider only the last one posted at 10:34 PM.

RESPONDER9 :

Hello. Regarding 2, The jurisdiction can be as you agree-either India or U.S. You will choose to allow lawsuit in either or both as you agree. You usually pick one. Regarding 3, you need to make agreement for 3rd party payment system-the agreement is usually standard and cannot be changed. You will have to find one that is agreeable to you. Now that I have answered your followup questions, I do ask for a positive rating since if you do not do this, I will not be paid. Thank you and good luck in your endeavors!

RESPONDER9 :

Kindly do not forget to rate me positively. Thank you.

Customer:

2.Which Jurisdiction will be the best one for my Indian company to enforce the agreement for any possible breach.

Customer:

India Jurisdiction or USA jurisdiction? And why?

RESPONDER9 :

I can only speak to American law and feel confident this is the fairest justice system.

Customer:

Okay, great. Thanks for your answer. I accept it.

RESPONDER9 and other Business Law Specialists are ready to help you

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