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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was hoping to get advice from someone that understands contract

Customer Question

I was hoping to get advice from someone that understands contract law. It's all rather annoying - I run a media company and outsource to suppliers for work we can't do in house, in this case, search engine optimization and google adwords mgt. The problem I've run into is that I've emailed him saying that from January we're going to be bringing things in house but we'll honour the remaining contracts (there are four clients with a finish date of between Jan and June 2016.) I hadn't heard from him but then one of our clients forwarded an email from him to them saying that his company had decided not to carry on with working with us and that although I'm good at client relations he feels he hasn't been able to do a good a job but if he'd had access to them directly it would have been a lot better and would they meet him for a coffee in January.
Very underhand and trying to paint a picture that we're the rubbish ones. Luckily our clients are very loyal.
He classes us a reseller and when we started to work together he emailed over his client confidentiality contract. This has never been signed by either of us but it states that he can't approach our clients for a minimum of 6 months after a contract ends. It also says that as we're 'white labelling' or reselling his product (his product isn't tangible) that he will never let our clients know that he is a separate company.
So he's caught himself out there. On the back of this I want to cancel all outstanding work with immediate effect as I just don't trust him, don't want him to have access to our clients adwords accounts and am nervous he'll try and muddy our reputation.
Another point to add is that 9 months after sending the original client confidentiality contract he, out of the blue, sent an email saying 'oh I haven't sent you our t's and c's.' He had signed them but I never did and refused to as they were written with strict cancellation policy which I wouldn't enforce our clients on so wasn't comfortable signing them. We've never worked to them and in the terms it states these t's and c's are only valid if both parties sign it.
I'd like to send him a cease and desist (i think) but am nervous it could get expensive as he'll counter with 'I haven't broken our agreement' and it could all get messy.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did you ever agree in writing to the terms of his contract please?
Customer: replied 1 year ago.
Hi Alex
I'll probably go for the telephone call but this won't be possible until Monday. In the meantime to answer your question- no I'm 99% sure I've never signed anything from him. I have nothing in any of my emails.
Expert:  Ash replied 1 year ago.
Ok - let me know Monday if you want to chat. Have a good weekend in the meantime
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Afternoon,
When is a good time to chat on the phone?
Expert:  Ash replied 1 year ago.
Do you have a number?
Alex
Customer: replied 1 year ago.
Yes,(###) ###-####4708.
Expert:  Ash replied 1 year ago.
I did try and call but it didnt connect. Can you let me know when would be good to speak?
Alex
Customer: replied 1 year ago.
that's odd. Try again now or 07584 053220, I'll move outside now (the landline is diverted to my mobile anyway)
Cheers
J
Expert:  Ash replied 1 year ago.
Ok.
Alex