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Can I just confirm you got the additional information I sent over as it does not appear in this thread of conversation.
There is a contract in place that is rather old, but which is biased in our favor slightly. Not keen to change this to be honest, but believe this reassignment maybe part of why they want to chan ge me to a new company.
I had planned to send the following letter to them to be signed by us and their two companies when I thought the new company was in the UK not Malta.
This letter confirms that MyCompany Limited consent for the existing agreement between MyCompany Limited and TheirUKCompany Limited to be assigned to TheirNewCompany Limited with effect from 1st February 2012. It also confirms TheirUKCompany Limited will be responsible for all existing invoices raised up to and including 31st January 2013 and will provide indemnity for MyCompany in the event of TheirNewCompany Limited being unable to pay their invoices from 1st February 2013. TheirNewCompany Limited agrees to be bound by the terms of the existing agreement between MyCompany Limited and TheirUKCompany Limited.I understand that there are a numbers of benefits of having a company in Malta which is why I am thinking that this could be one way to get some benefit from this move.
The company we are dealing with is a gambling company. We are an internet services company.
I cannot get my hands on the original but I believe this is the clause from another customer.
General(a) This Agreement shall be governed by and construed inaccordance with English law without regard to conflictof law principles. Regardless of any statute or law tothe contrary, any claim or cause of action arising out ofor related to use of the Services mustbe filed within one (1) year after such claim or cause ofaction arose or be forever barred.(b) If any provision of this Agreement shall be held invalidin a court of law, the remaining provisions shall beconstrued as if the invalid provision were not includedin this Agreement.
but I cannot be sure until Monday.
I am not disappointed with the service but I was hoping for a hint on the use of Malta as a place to run my business interacting with theirs. Would both companies being based in Malta preclude the use of UK law for disputes? It would help to give me a better picture of my options.
The answer was fine and tied up with what I was being told. The issue of Malta and the EU in general is more complicated than I hoped but the point about UK Law should provide me with the first level of assurance.