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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44878
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have placed a IT consultant at a company via the

Customer Question

We have placed a IT consultant at a company via the individuals IT Consultancy. It then transpired that the IT Consultancy that provided us with the individual was already providing other resources to the same end client. Our standard terms and conditions have the following restrictive covenant as below, Clause 12 ; 12. RESTRICTIONS 12.1. The Consultancy shall not for a period of twelve months following the termination of the Assignment supply its services directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous twelve months. Where the Client is itself a consulting firm, recharging the Consultancy’s services to another company, for the purposes of this clause, ‘Client’ includes that company and any subsidiary and associated companies. 12.2 The Consultancy representative shall not for a period of twelve months following the termination of the Assignment supply their services directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous twelve months. Where the Client is itself a consulting firm, recharging the Consultancy’s services to another company, for the purposes of this clause, ‘Client’ includes that company and any subsidiary and associated companies and third parties where the Consultancy services are sold via multiple levels. How can we re-word this so that the individual we have supplied and the role that we have supplied them for is contractually safe from the IT Consultancy from removing the person provided and filling the role with another one of their consultants ?

Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. I presume these terms already apply and the parties are bond by them? If you try and change them would they agree to these changes?

Customer: replied 1 year ago.
No the terms have not been accepted and we are negotiating the individual clauses
Customer: replied 1 year ago.
Hi Ben,
Any update ?
Expert:  Ben Jones replied 1 year ago.

I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

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