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Legal matters

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Being asked to send a contract or SLA for work

6 replies

lostpasswordagain · 06/05/2024 13:58

Hi, I would really appreciate some guidance please.

I run a training service business and have been contacted by a previous client to create e-learning training packages that will be used by their international teams. They will created for their internal training system and accessible only from there.

We have agreed a brief scope of work and cost. This will include a 2 year license for the content.

They have now come back and asked me to send over a contract and then they can raise a PO for the first tranche.

I am used to clients sending me an SLA and NDA based off the proposal/confirmation of work letter that I send them. I check through the clauses and then just sign.

Normal training services are booked via confirmation letter (supplied via email) and a PO raised before invoice issued. This is different because it will need to include a clause about the 2 year license.

I have gone back to query whether they need me to send the contract from my end but need to get on with it asap if that;s the case.

So:

  1. Am I right in that the client would usually prefer to use their own contract?
  2. If not, can I use a standard SLA that I just download and update via the web?
  3. If I do the latter, are there any reputable sources for free templates? I am currently on lawdepot.co.uk that seem to have a walkthrough version but no idea if that is acceptable.
  4. Would I add in my business registered address or correspondence/trading address?
  5. My proposal (approved) includes detail including cost breakdowns, cost of any future updates, course content modules etc. Does this need adding to an SLA or is it ok to have that in a separate confirmation letter?
They are a global firm and so I hope that the person I am liaising will ask the right questions of the right people internally, but I do want to be prepared!

Any advice very much welcomed.

Many thanks

OP posts:
Kryten1958 · 06/05/2024 14:28

I suggest that you use your paperwork not theirs if at all possible, as otherwise you will be presented with a contract in their favour and possibly in a foreign language.
Your paperwork should be as follows:
Page 1 buyer and seller services when where how in general terms.
Page 2 more detail on services delivered with a full cost breakdown and payment dates.
Page 3 your T&Cs with a place for them to sign.

They will either sign or use the doc as a basis for negotiation.

Remember, if you are a Ltd co use your correct name with t/a if required.
Your T&Cs should confirm that the contract is made under the laws of England and Wales if you are based in the U.K.

lostpasswordagain · 06/05/2024 14:34

Kryten1958 · 06/05/2024 14:28

I suggest that you use your paperwork not theirs if at all possible, as otherwise you will be presented with a contract in their favour and possibly in a foreign language.
Your paperwork should be as follows:
Page 1 buyer and seller services when where how in general terms.
Page 2 more detail on services delivered with a full cost breakdown and payment dates.
Page 3 your T&Cs with a place for them to sign.

They will either sign or use the doc as a basis for negotiation.

Remember, if you are a Ltd co use your correct name with t/a if required.
Your T&Cs should confirm that the contract is made under the laws of England and Wales if you are based in the U.K.

That's really helpful. Thank you. Is there somewhere you would recommend to get a template that I can use to do those pages? Or does it work if I just call it a contract and have long-form writing to cover those points? I don't want to end up in a mess.

The only standard Tcs & Cs we currently have are for cancellation and payment terms eg. how payment is invoiced, when it needs to be paid by, account details, cancellation costs 4 weeks out/2 weeks/week of etc. which doesn't apply here. Again, is there a standard Tcs and Cs text that I should reference?
Yes, I have the t/a and legal name bit sorted so that's fine but thank you for the reminder.
I am based in the UK so that's really good info too. The client I am dealing with is based here but their head office is US-based.

OP posts:
Kryten1958 · 06/05/2024 14:52

I was lucky that I worked for a company that took having sound T&Cs seriously and had the budget for legal support. We had used the same ones for a number of years. When they needed to be updated/refreshed, we sent a copy to a local solicitor, had a meeting to confirm relevant details, and then got a far more robust set of words that we could then use going forward.
Sorry, I don't know of a reputable place to get 'off the shelf' t&cs. If you do go this route the doc should be in reasonably plain English so you could then add and amend to suite the needs of your business.

Kryten1958 · 06/05/2024 14:56

PS I am not a lawyer, I worked in business development in electronic publishing.

prh47bridge · 06/05/2024 17:34

If you can't afford a lawyer, I would be tempted to Google "Training services sample contract", find something that looks suitable (even if it is someone else's!) and adapt it. However, ideally you need to find a lawyer who can draw up a standard contract you can use with all your clients.

lostpasswordagain · 07/05/2024 11:15

Thanks both. Will look in to it further. As I said, it hasn't arisen as a need before because everything has been done via client-led documentation or just a simple confirmation letter.

OP posts:
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