SVA Forum

[jude]

Hi there

Hope this isn't a blonde question but is there much of a difference between a client contract and a set of T&Cs or is it all in the name?

I'm considering the contract template offered on this site but am reluctant to go the formal contract route with all clients as many of them are individuals and I don't want to put them off with undue legal formality. I'd prefer to have a set of T&Cs which I'd email to each new client when they come on board.

I've been quoted £250+ for having these created but I was hoping to have something cheaper as I'm a sole trader with no sub-contractors. Is this unreasonable?

I'd appreciate any thoughts on this.

Thanks
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Judith

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Executype Office Services
www.executype.co.uk

[Sally@Stonetext]

The T&Cs are a general set of operating principles whereas the contract sets out who each party is, what work is to be carried out, how much it will cost, when it is to be completed by and needs to be signed by each party. The T&Cs usually form part of the contract (either as part of it or referred to). The contract negotiations are often a bit protracted and cover lots of other things, which is why the final details are summarised in the contract so that each party is clear on the important points.

This is a link to my Standard Contract that I've made available to SVA members for anyone to use in its entirety or as a starting point for their own. Please note that it is protected and will require retyping - this is just a safeguard to ensure that anyone using it is fully aware of the contents and doesn't just cut & paste. I normally attach a copy of my T&Cs - all in all less than 5 pages and written in terminology that isn't overly legal so shouldn't put off any potential clients.

http://www.stonetext.co.uk/Stonetext%20Standard%20Contract%20SVA.pdf
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Sally
Stonetext Online Admin Services www.stonetext.co.uk
Spida Web & Graphic Design www.spidawebdesign.co.uk

Please help to support SVA by donating to: http://tinyurl.com/37urec

[jude]

Hi Sally

Thank you very much for the explanation and also for access to your contract.
_________________
Judith

_________________________
Executype Office Services
www.executype.co.uk

[caroline]

Even if you go down the route of providing T&Cs to your client it doesn't protect you from the client defaulting or moving the goalposts.

E.g. let's say your T&Cs say you have to be paid within 14 days. The client says "But I never agreed to you doing the 40 hours you've just worked - I'm not liable!" Unless you have something in writing from them authorising the work @ £X/hour then they are right.

Or say someone operates from a hotmail address and a mobile phone number - how do you raise a small courts claim against them? Just using a set of T&Cs is risky but can be minimised if you operate in a structured way. (i.e. getting all their details before working with them, not handing work over till you get paid and making sure that you check their details). It's not always possible - which is why you'll see a lot of posts on here about "gut feel" and "something not quite right"... Best advice: never give more credit than you can afford to lose.
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[Sally@Stonetext]

That is soooo right Caroline.
_________________
Sally
Stonetext Online Admin Services www.stonetext.co.uk
Spida Web & Graphic Design www.spidawebdesign.co.uk

Please help to support SVA by donating to: http://tinyurl.com/37urec

[caroline]

That's not to say I didn't learn that one the hard way!!! LOL!
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[jude]

Good advice Caroline, thank you.

Interestingly I met a chap today who's been working as a freelance database developer for 7 years and has never used a contract or T&Cs. He works with a small number of clients on a trust basis and so far has not (touch wood) had any problems....!
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Judith

_________________________
Executype Office Services
www.executype.co.uk

[Sally@Stonetext]

The key to his success is "small number" and "7 years".
_________________
Sally
Stonetext Online Admin Services www.stonetext.co.uk
Spida Web & Graphic Design www.spidawebdesign.co.uk

Please help to support SVA by donating to: http://tinyurl.com/37urec

[caroline]

Generally I like to think positively about people who want to work with me, but unfortunately due to the virtual nature of our industry we are open to abuse.

Yup - 9/10 there will be no problem whatsoever. But there's no harm in taking sensible precautions.
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[jackie]

With the exception of one public sector service client, I never had a contract with anyone - individual or company - in the 15 years I ran my business full time.