Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the sale of these products in anyway regulated by a regulatory body? Does company A have specific people it has a contact with at the customers? Will company A continue to sell to the clients? Will the company B reports be for internal use only? Kind regards AJ
Hi, Thank you. My main concerns are as follows:
(i) Data Protection element really only comes into play if you are handing personal data from one party to another - for example do you have names and addresses of pub landlords? If this may be personal data. Company B should give company A an indemnity for any breaches of the Data Protection Act 1998.
(ii) The contract should be non exclusive if A is going to continue to sell to its customers;
(iii) The reports should become the property of company A once they are produced;
(iv) The payment terms should contain a provision to charge interest, and terminate the contract in the event of non payment - given the long payment terms;
(v) Ask whether the customers consent to being publicised on company As website.
(vi) Does company B need any kind of licence to sell the beverages? If so company B should provide a warranty that it has all licenses and permissions to provide the service.
Can you provide me with any further information?
Hi, Thank you. You could include a termination for convenience clause? A clause that states the contract is terminable of 3 months notice. If the contract does not have a monthly fee and is non exclusive, you could just stop using the service. Kind regards AJ
Hi, Thank you. Not signing the contract wont make a difference I am afraid, as you have the contract you are agreeing that these are terms of the agreement between you. If you then buy company B services you will be bound by the terms. Six years is too long for a service provision, there is no commercial justification for it. If you stopped paying the monthly fee you would be potentially in breach. Will they not agree a right to terminate for convenience? Or even a shorter term? I would be most grateful if you would kindly rate my answer. Kind regards AJ
Hi, Thank you very much. I am happy to assist any further if you have any follow up questions? Kind regards AJ
Hi, Thank you. Can you not pay that in installments?
Thank you. What is the £100k advance payment for? Do you see value for this - is there an implementation process? are they setting up templates for you?