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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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I work as a reseller of the large UK network providers,

Resolved Question:

I work as a reseller for one of the large UK network providers, introducing new clients and facilitating the renewal of existing contracts, generally on the same tariff though not exclusively.
Am I legally obliged to provide some form of “consideration” to the network’s customer in order to validate the contract?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you
I presume that once you have "sold" contract renewals - you step out of the equation and the contract is with the network and the customer?
If that is the case you are a sales agent and therefore you do not need to provide any consideration, you need to have a contract with the network to ensure you are paid a commission?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Thanks AJ

A bit more information for you - We do not step completely out of the equation - after we have "sold" the contract we become the first point of contact for that customer's network enquiries - we have a customer care department to handle any enquiries from our "on base" customers - upgrades, billing enquiries, etc. - in other words we manage the customer's account for the period of the contract - normally 24 months. All billing payments go directly to the Network and we receive a monthly revenue.

Does that change things?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
So you are engaged in after sales care roll - as long as you have a contract with the Network for payment then you do not need a contract with the customer.
What you can do is say to the customer that the use of your after sales service is subject to terms and conditions. These should contain any disclaimers you require and a description of the service you offer ( you do not want to have to provide something you are not paid for) and then back this off with appropriate risk management in your contract with the network.
I assume that most customers are not actually aware you are agent and assume they are dealing with the Network directly? Would that be correct?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

I think this is becoming clearer - under the terms of the agreement with the Network we must ensure that the customer is absolutely clear that we are not the network but that they are agreeing to an extension of their existing contract with the network.

Thanks

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I think then it is very important that you make clear to the customer that your service is subject to your own terms and conditions and limitation of liability.
Can I assist any further?
Kind regards
AJ
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