When a supplier has to put these kind of terms into it’s agreement, you really do need to think twice before you put pen to paper (or sign electronically as this company requires you to)
The following is an excerpt from the Maintenance agreement of a Hertfordshire based Copier Company:
3.1 The terms of this agreement set out the commercial relationship between us and you. In order to protect our business, the entirety of the terms of this agreement are confidential. You may not allow this Agreement a copy of this agreement or information as to any of it’s terms, specifically including but not limited to the costs for which we provide the services to be passed to any third party unless you are required to do so by any competent court or tribunal.
3.2 Should you breach clause 3.1 above we shall be entitled to seek damages from you specifically for but not limited to a sum representing any loss of chance suffered by our client
We fully understand the commercial sensitivity of the charging model a company uses prior to you entering into contract with it, however gagging you from ever disclosing the general terms of this contract is not acceptable.
Is this Fair ?
To save yourself being scammed:
Keep in mind this is a very creative and totally unregulated industry, therefor, you must be sure you take time to read and fully understand all the terms of an agreement before you sign it. If you do not have time or the inclination to do so, then send the agreement to us to review before you sign and for a nominal fee, we will tell you any pitfalls it holds.
Unsure about the contract you already have? whoever your supplier is, send a readable copy of the agreement to: firstname.lastname@example.org we will look at it for free and tell you if it is fair to you.
To see more in the series of unfair agreement terms or for a copy of the ’13 Scurrilous Scams’ visit www.faircontracts.co.uk