Contract law advice

samedi 19 décembre 2015

Hi fountain of knowledgeeeeees,
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.

I'll gladly pay for advice just unsure of best options and the bbs is always helpful in life predicaments!
#coyp


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