I'm currently in talks with my client about a project which will require them to work directly with my contractors. The contractors have signed a non-disclosure agreement which includes a requirement that they cannot talk to our clients unless we specifically request them to do so (for example: in the course of a project). It's not that I don't trust my client but it's always best to cover yourself. Perhaps there is some sort of terms of service document I could have my clients complete. If anyone has any examples I would appreciate it.
1. Don't let them work directly with your contractors.. 2. Have a non-compete with your contractors that provides you with a monetary option should it happen.. In the grand scheme of things, if they are good contractors they won't poach your clients.. I worked in a group of 18 people and we all owned our own businesses and contracted each other out as needed for help.. In 7 years not one person swapped clients..
I trust my client 100% but people always tell me to watch my back and make sure these things are all covered with contracts (no matter who it is you are dealing with). We provide the service for around 50% of our clients orders so in terms of lost revenue by using our contracter directly, it would be very silly move by our client. My contracter has signed an NDA which has a non-compete clause in it which should keep things tight enough. In my research I found that you can have your client sign a non-solicitation agreement but out of all the cases that were brought forward nearly all of them were thrown out. (apparently)
Nonsolicitations are very hard to enforce, but if you tie it in to a reasonable liquidated damages provision then at least there is a chance of getting paid without massive legal billls. To get a sample contract just call a temp service and look at the contracts they use (which allow solicitation/hiring only upon payment of a sizable fee).
Don't refer to them as outside contractors, but as part of your team, and instruct them to represent themselves the same way. ..and I agree, don't allow them to work directly with your clients, you have to be the middle man..the team leader and delegate the orders..
One of the jobs requires the signature of my "team member" to certify a document. My "team member" will send me the document and I will send it to my client but my client will find out the name of my team member. So how would you deal with this situation?
Unless the contractors are from india, they wont contact your clients directly. I'm saying this with 5 years of experience on my back.
Content writing, web graphics, seo and bits around these.. But I guess the industry type doesn't really matter.