They make me laugh.
Check this out...
I get a phone call from this IT consulting firm asking if I'd take a 3-6 month contract for some Flash MX development for a complete web app. The only hitch is they want me to work for $20 an hour less than my current rate, so I say I'd give it some thought. So then they send me a very one-sided and OH-SO-loosely-termed areement to my inbox...
Here's the dialogue (corp named *'d out for privacy)...
I felt a little bad about being a "troublemaker", especially since I thought the project might be fun, but I just don't run around signing any old document someone may throw my way if I think there's any room for me to get sued for just doing my usual work.I have some questions about the terms of agreement I received:
A. During the term of the interview and for a period of one year thereafter, consultant will not or will not help a third party provide consulting services of any kind to any company or person in competition with B******Soft or to B******Soft's Client or to the client of B******Soft's Client for which Consultants provided service or introduced under, or as a result of, this Agreement.
This seems to state that by signing the agreement, I forfeit the ability to contract with any other consulting service or 3rd party vendor who is perceived to be in competition. Also, I do provide a consulting service and do hire subcontractors to fulfill certain portions of a req where required, an action which could be taken as competitive to your organization. Also, my business entity, Webfreshener could be construed as a 3rd party in competition with your organization as it provides consulting services and I would effectively be barred from working under my own line of business.
B. Consultant further agrees that without B******Soft's prior written approval, Consultants shall not publish or use any advertising, sales promotion or publicity matter relating to services, materials, information, products and reports furnished by Consultants wherein the name B******Soft, the names of B******Soft's Clients or the names of clients of B******Soft's Clients are mentioned or their identity implied. Consultant acknowledges and agrees that Consultants shall not acquire any rights to use or refer to, or interest in, such name or names.
This item indicates that I would not be able to accept any credit for work performed nor be able to even mention the work on a website or any other item, including my resume
as that could be construed as a promotional or advertisement item.
As it stands with the wording of this document, I have severe reservations and can not sign it in it's current form as I stand to lose my ability to do normal business operations and take credit for work performed. I would be willing to sign a standard NDA and an amended version of the agreement that would protect my ability to conduct my normal business operations without fear of litigation for doing so.
What's really funny, is a half hour I sent my reply, another recruiter with a competing agency sent me an email about the exact same req without the BS agreement to sign and hey, they have no problems with my current rate.
No stupid agreements and my full rate, now that put a smile on my face
Man... that made me chuckle. I normally don't like to work through any 3rd party as I like full control over the project, but this little req does look kind of fun. But, it's not like I'm exactly desperate right now... hell I recieved 3 RFP's in the last 24 hours and have a lot of typing to do right about now. But even if I was desperate and needed something ohhhh so badly, there's no way I'd ever sign an agreement like that.
I don't know what it is, but just about everyone having anything to do with HR and Marketing always turns out to be a schmuck.
Anyone else have similar experiences?
I know you're out there....
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