NESN WP Agreement clause 14.1.4

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  • #5145
    Dave_Conway
    Participant

    After asking for more clarity here is the reply from Jo Lo regarding termination etc. This is abviously aimed at my own termination dates, but the same applies to anyone I assume. Whether they will actually carry the threat out is open to some doubt, but the threat remains 😥

    Jo Lo wrote:9th February 2004

    Dave

    You asked for some clarification on section 14.1.4 of the Service Provider Agreement. The position is only governed in part by that provision. You gave notice on 8th October 2003 and therefore for the three month notice period to 7th January 2004 were bound by the restrictions in clause 12 of the contract not to work for any of NESN’s clients or former clients directly or indirectly or to assist any other person to deal with those clients or former clients. Now that that period has expired the provisions of 14.1.4 apply. This means that until 6 July 2004 you cannot approach or deal in any way with repair or similar work for any client or former client of NESN. This would include, for example, MFI and Connect Distribution Services Ltd.

    If you breach or have breached these provisions then NESN has the right to take legal action against you to prevent you from approaching or dealing with any of its clients or former clients and for damages and/or an account of profits (which means that you would effectively do the work but at cost price and NESN would collect your profit margin). Obviously it would be in all parties interests if you simply stick to the terms of the contract and do not work for NESN’s clients or former clients until 6 July 2004.

    Regards

    Jo Loach


    Dave.

    #109229
    kwatt
    Keymaster

    If they’re around long enough to take court action against anyone! 😕

    K.

    #109230
    admin
    Keymaster

    Re: NESN WP Agreement clause 14.1.4

    you should post this in the nesn thread

    ted

    #109231
    Flipper
    Participant

    Dave,are you anywhere near being paid up tp date yet.

    #109232
    Dave_Conway
    Participant

    Re: NESN WP Agreement clause 14.1.4

    ted wrote:you should post this in the nesn thread

    Ted, I would love to, the trouble is, this was a one off letter written to me and I would then be in breach of the confidentiality clauses (bearing in mind NESN view the forum almost daily). I have considered passing it elswhere for a posting, but that would be too obvious as well. Best left for those of us privy to TWR methinks.

    Dave.

    #109233
    Dave_Conway
    Participant

    Flipper wrote:Dave,are you anywhere near being paid up tp date yet.

    Yes, they only owe me about £800, mainly very old jobs where the retailers have gone under or disputed/rejected MFI invoices. I no longer recieve the monthly payment slips so it’s now quite hard to tell, especially as I haven’t run webcomms for at least two months. The advance payment was withrawn in November, so now it’s a case of “we will pay you when we get paid” syndrome.

    TBH If I had not heeded Ted’s advice and got out the way I did, it could have been a damn site more.

    Dave.

    #109234
    admin
    Keymaster

    Re: NESN WP Agreement clause 14.1.4

    ok dave agree entirely

    ted

    #109235
    admin
    Keymaster

    Well lets see what happens to me I terminated last Monday.

    I have advised them that I will follow the contract for the three month period.

    At least I can sleep on a night now.

    They owe me an awful lot of money so all I can do at present is hope.

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