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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a cleaning business and we have been cleaning holiday

Resolved Question:

hi, i run a cleaning business and we have been cleaning holiday cottages for a company. They are now asking us to sign a non-solicitation of clients and employees for a period of 18 months from termination of services.
however, our cleaning business is well established in their area. The amount of work they give us doesn't actually warrant signing for 18 months. I dont have any desire to poach any of their customers , however if one of their customers approach me then i wont turn the work down.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is it you would like to know about this please? Alex

Customer: replied 1 year ago.
hi alex, i have a cleaning company and we are cleaning for a holiday cottage business. They have asked me to sign a non-solicitation of clients and employees for a period of 18 months from termination of services. However, they dont give us a great deal of work, i have existing customers in their area and although i have no intention of approaching any of their customers or staff , i wont turn work away if one of their customers approaches my business.
Customer: replied 1 year ago.
i am going to speak to the owners but not sure how to say and word it legally.
Customer: replied 1 year ago.
the 18 months is a long time if i am approached by any of their clients to clean, especially as we only have only cleaned a few times for them - its usually 3 holiday cottages a weekend we turn around for them. My business is well established in their area and how am i to know if a customer approaches me if they have had dealing with this other company.
Expert:  Ash replied 1 year ago.

What is the exact clause, that you wont approach customers/clients?

Customer: replied 1 year ago.
non-solicitation of clients: you agree that you will not, without the prior written consent of HHY, at any time during your services for HHY or for a period of 18 months from the termination of your services, however caused (whether your services are terminated by you or HHY and whether with or without cause or in breach of this Agreement), either individually or through any company controlled by you and either on your own behalf or on behalf of any person competing or endeavouring to compete with HHY dirtily or indirectly solicit, endeavour to solicit or gain the custom of, canvass or interfere with any person who is a client of HHY as at the date of termination of your services or use your personal knowledge of or influence over any such client to or for your own benefit of that of any other person competing with HHY.
Expert:  Ash replied 1 year ago.

Well I think this is too harsh. They cant stop you competing, because that is your business.

I would have been happy if they have said about non solicit you to not approach, but they dont say that - you will not gain the custom of a client of HHY

Thats impossible. In any event they cant make you sign a new contract if you have an existing one. I think they should only word it not to approach or solicit customers of HHY. Thats it - because even if a customer comes to you as its worded you are in breach.

Can I clarify anything for you bout this today please?
Alex

Customer: replied 1 year ago.
i agree, we dont have any existing agreement or contract with them. If i go back to them and say we wont approach or solicit their customers but we wont sign anything
Expert:  Ash replied 1 year ago.

Correct. Or they need to amend the clause. Not to approach or solicit is fine, but anything more is not.

Does that help?
Alex

Customer: replied 1 year ago.
thats all , fantastic , thank you. I just wanted to clarify what we were thinking. You have been very helpful
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

Customer: replied 1 year ago.
absolutely
Expert:  Ash replied 1 year ago.

Thanks in advance. Alex

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