What is meant by having these in a contract for restraint of trade?
Professor being mistaken for a grad student
PlotLabels with equations not expressions
What has been your most complicated TikZ drawing?
Why are the outputs of printf and std::cout different
Rules about breaking the rules. How do I do it well?
An Accountant Seeks the Help of a Mathematician
Meaning of "SEVERA INDEOVI VAS" from 3rd Century slab
Does splitting a potentially monolithic application into several smaller ones help prevent bugs?
PTIJ: Who should pay for Uber rides: the child or the parent?
Why using two cd commands in bash script does not execute the second command
Why are there 40 737 Max planes in flight when they have been grounded as not airworthy?
Is a lawful good "antagonist" effective?
When do we add an hyphen (-) to a complex adjective word?
Why do passenger jet manufacturers design their planes with stall prevention systems?
Possible Leak In Concrete
Instead of Universal Basic Income, why not Universal Basic NEEDS?
Replacing Windows 7 security updates with anti-virus?
Bash replace string at multiple places in a file from command line
The use of "touch" and "touch on" in context
Employee lack of ownership
Why does Deadpool say "You're welcome, Canada," after shooting Ryan Reynolds in the end credits?
Using "wallow" verb with object
Counting certain elements in lists
Making a sword in the stone, in a medieval world without magic
What is meant by having these in a contract for restraint of trade?
Asking for a friend:
Sorry if this is off topic.
I am employed as a consultant and there is a clause in my contract that is unclear to me.
I've included the entire section for reference but the parts I don't understand are in bold.
12 RESTRAINT OF TRADE
12.1 COMPANY_NAME has built a solid reputation for the quality of service and reliability of supply for information technology
professional services. Accordingly, you acknowledges that it is fair
and reasonable to enter the following covenants to protect the
goodwill of COMPANY_NAME.
12.2 You must not, in any capacity (including as Consultant, independent contractor, consultant, principal, agent, director, joint
venture, partner, trustee, beneficiary), directly or indirectly:
12.2.1 During the Restraint Period and in the Restraint Area, for any reason, perform work for, or provide services to, or attempt to
solicit the business of the Client or any person or entity who was a
client of COMPANY_NAME, or any of its related entities, and with whom
you had direct dealings in the last 12 months of your employment with
COMPANY_NAME. Reference to “client” in this clause, as it relates to
federal and state governments, will be limited to actual departments
or divisions of governments who were customers of COMPANY_NAME in the
last 12 months of your employment with COMPANY_NAME.
12.2.2 During the Restraint Period, encourage or attempt to solicit any Consultant, employee or independent contractor who provides, or
provided, services to COMPANY_NAME, and related entities, and with
whom you had direct dealings in the last 12 months of your employment
with COMPANY_NAME, to cease being employed by COMPANY_NAME.
12.3 For the purposes of clause 12.2, the Restraint Period is each of the following periods after termination of your employment with
COMPANY_NAME:
12.3.1 12 months;
12.3.2 6 months;
12.3.3 3 months.
12.4 For the purposes of clause 12.2, the Restraint Area is each of the following areas:
12.4.1 Within the State of the premises at which you were primarily employed;
12.4.2 Within 50 kilometres of the premises at which you were primarily employed; and
12.4.3 Within 15 kilometres of the premises at which you were primarily employed.
12.5 Each of these separate provisions operates concurrently and independently.
12.6 If any separate provision referred to in this clause is unenforceable, illegal or void, that provision is severed and the
other provisions remain in force.
12.7 If any separate provision in this clause is unenforceable, illegal or void in a jurisdiction but not in another jurisdiction,
then that provision is severed only in respect of the operation of
this Agreement in the jurisdiction where it is unenforceable, illegal
or void.
My understanding is obviously they don't want me being poached by the client but the time and distance factors are unclear. Does this mean I can't even work in the same city as the client for up to 12 months? (ridiculous I know but thats what it looks like they are trying to do). 12.6 and 12.7 almost looks as if they're just fishing to see if any of these are invalid then the next one down will apply. How should I interpret this?
The country is Australia.
Thanks.
employment australia
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
Asking for a friend:
Sorry if this is off topic.
I am employed as a consultant and there is a clause in my contract that is unclear to me.
I've included the entire section for reference but the parts I don't understand are in bold.
12 RESTRAINT OF TRADE
12.1 COMPANY_NAME has built a solid reputation for the quality of service and reliability of supply for information technology
professional services. Accordingly, you acknowledges that it is fair
and reasonable to enter the following covenants to protect the
goodwill of COMPANY_NAME.
12.2 You must not, in any capacity (including as Consultant, independent contractor, consultant, principal, agent, director, joint
venture, partner, trustee, beneficiary), directly or indirectly:
12.2.1 During the Restraint Period and in the Restraint Area, for any reason, perform work for, or provide services to, or attempt to
solicit the business of the Client or any person or entity who was a
client of COMPANY_NAME, or any of its related entities, and with whom
you had direct dealings in the last 12 months of your employment with
COMPANY_NAME. Reference to “client” in this clause, as it relates to
federal and state governments, will be limited to actual departments
or divisions of governments who were customers of COMPANY_NAME in the
last 12 months of your employment with COMPANY_NAME.
12.2.2 During the Restraint Period, encourage or attempt to solicit any Consultant, employee or independent contractor who provides, or
provided, services to COMPANY_NAME, and related entities, and with
whom you had direct dealings in the last 12 months of your employment
with COMPANY_NAME, to cease being employed by COMPANY_NAME.
12.3 For the purposes of clause 12.2, the Restraint Period is each of the following periods after termination of your employment with
COMPANY_NAME:
12.3.1 12 months;
12.3.2 6 months;
12.3.3 3 months.
12.4 For the purposes of clause 12.2, the Restraint Area is each of the following areas:
12.4.1 Within the State of the premises at which you were primarily employed;
12.4.2 Within 50 kilometres of the premises at which you were primarily employed; and
12.4.3 Within 15 kilometres of the premises at which you were primarily employed.
12.5 Each of these separate provisions operates concurrently and independently.
12.6 If any separate provision referred to in this clause is unenforceable, illegal or void, that provision is severed and the
other provisions remain in force.
12.7 If any separate provision in this clause is unenforceable, illegal or void in a jurisdiction but not in another jurisdiction,
then that provision is severed only in respect of the operation of
this Agreement in the jurisdiction where it is unenforceable, illegal
or void.
My understanding is obviously they don't want me being poached by the client but the time and distance factors are unclear. Does this mean I can't even work in the same city as the client for up to 12 months? (ridiculous I know but thats what it looks like they are trying to do). 12.6 and 12.7 almost looks as if they're just fishing to see if any of these are invalid then the next one down will apply. How should I interpret this?
The country is Australia.
Thanks.
employment australia
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
Asking for a friend:
Sorry if this is off topic.
I am employed as a consultant and there is a clause in my contract that is unclear to me.
I've included the entire section for reference but the parts I don't understand are in bold.
12 RESTRAINT OF TRADE
12.1 COMPANY_NAME has built a solid reputation for the quality of service and reliability of supply for information technology
professional services. Accordingly, you acknowledges that it is fair
and reasonable to enter the following covenants to protect the
goodwill of COMPANY_NAME.
12.2 You must not, in any capacity (including as Consultant, independent contractor, consultant, principal, agent, director, joint
venture, partner, trustee, beneficiary), directly or indirectly:
12.2.1 During the Restraint Period and in the Restraint Area, for any reason, perform work for, or provide services to, or attempt to
solicit the business of the Client or any person or entity who was a
client of COMPANY_NAME, or any of its related entities, and with whom
you had direct dealings in the last 12 months of your employment with
COMPANY_NAME. Reference to “client” in this clause, as it relates to
federal and state governments, will be limited to actual departments
or divisions of governments who were customers of COMPANY_NAME in the
last 12 months of your employment with COMPANY_NAME.
12.2.2 During the Restraint Period, encourage or attempt to solicit any Consultant, employee or independent contractor who provides, or
provided, services to COMPANY_NAME, and related entities, and with
whom you had direct dealings in the last 12 months of your employment
with COMPANY_NAME, to cease being employed by COMPANY_NAME.
12.3 For the purposes of clause 12.2, the Restraint Period is each of the following periods after termination of your employment with
COMPANY_NAME:
12.3.1 12 months;
12.3.2 6 months;
12.3.3 3 months.
12.4 For the purposes of clause 12.2, the Restraint Area is each of the following areas:
12.4.1 Within the State of the premises at which you were primarily employed;
12.4.2 Within 50 kilometres of the premises at which you were primarily employed; and
12.4.3 Within 15 kilometres of the premises at which you were primarily employed.
12.5 Each of these separate provisions operates concurrently and independently.
12.6 If any separate provision referred to in this clause is unenforceable, illegal or void, that provision is severed and the
other provisions remain in force.
12.7 If any separate provision in this clause is unenforceable, illegal or void in a jurisdiction but not in another jurisdiction,
then that provision is severed only in respect of the operation of
this Agreement in the jurisdiction where it is unenforceable, illegal
or void.
My understanding is obviously they don't want me being poached by the client but the time and distance factors are unclear. Does this mean I can't even work in the same city as the client for up to 12 months? (ridiculous I know but thats what it looks like they are trying to do). 12.6 and 12.7 almost looks as if they're just fishing to see if any of these are invalid then the next one down will apply. How should I interpret this?
The country is Australia.
Thanks.
employment australia
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Asking for a friend:
Sorry if this is off topic.
I am employed as a consultant and there is a clause in my contract that is unclear to me.
I've included the entire section for reference but the parts I don't understand are in bold.
12 RESTRAINT OF TRADE
12.1 COMPANY_NAME has built a solid reputation for the quality of service and reliability of supply for information technology
professional services. Accordingly, you acknowledges that it is fair
and reasonable to enter the following covenants to protect the
goodwill of COMPANY_NAME.
12.2 You must not, in any capacity (including as Consultant, independent contractor, consultant, principal, agent, director, joint
venture, partner, trustee, beneficiary), directly or indirectly:
12.2.1 During the Restraint Period and in the Restraint Area, for any reason, perform work for, or provide services to, or attempt to
solicit the business of the Client or any person or entity who was a
client of COMPANY_NAME, or any of its related entities, and with whom
you had direct dealings in the last 12 months of your employment with
COMPANY_NAME. Reference to “client” in this clause, as it relates to
federal and state governments, will be limited to actual departments
or divisions of governments who were customers of COMPANY_NAME in the
last 12 months of your employment with COMPANY_NAME.
12.2.2 During the Restraint Period, encourage or attempt to solicit any Consultant, employee or independent contractor who provides, or
provided, services to COMPANY_NAME, and related entities, and with
whom you had direct dealings in the last 12 months of your employment
with COMPANY_NAME, to cease being employed by COMPANY_NAME.
12.3 For the purposes of clause 12.2, the Restraint Period is each of the following periods after termination of your employment with
COMPANY_NAME:
12.3.1 12 months;
12.3.2 6 months;
12.3.3 3 months.
12.4 For the purposes of clause 12.2, the Restraint Area is each of the following areas:
12.4.1 Within the State of the premises at which you were primarily employed;
12.4.2 Within 50 kilometres of the premises at which you were primarily employed; and
12.4.3 Within 15 kilometres of the premises at which you were primarily employed.
12.5 Each of these separate provisions operates concurrently and independently.
12.6 If any separate provision referred to in this clause is unenforceable, illegal or void, that provision is severed and the
other provisions remain in force.
12.7 If any separate provision in this clause is unenforceable, illegal or void in a jurisdiction but not in another jurisdiction,
then that provision is severed only in respect of the operation of
this Agreement in the jurisdiction where it is unenforceable, illegal
or void.
My understanding is obviously they don't want me being poached by the client but the time and distance factors are unclear. Does this mean I can't even work in the same city as the client for up to 12 months? (ridiculous I know but thats what it looks like they are trying to do). 12.6 and 12.7 almost looks as if they're just fishing to see if any of these are invalid then the next one down will apply. How should I interpret this?
The country is Australia.
Thanks.
employment australia
employment australia
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 42 secs ago


solarflaresolarflare
1012
1012
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
solarflare is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
add a comment |
0
active
oldest
votes
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
solarflare is a new contributor. Be nice, and check out our Code of Conduct.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38138%2fwhat-is-meant-by-having-these-in-a-contract-for-restraint-of-trade%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
0
active
oldest
votes
0
active
oldest
votes
active
oldest
votes
active
oldest
votes
solarflare is a new contributor. Be nice, and check out our Code of Conduct.
solarflare is a new contributor. Be nice, and check out our Code of Conduct.
solarflare is a new contributor. Be nice, and check out our Code of Conduct.
solarflare is a new contributor. Be nice, and check out our Code of Conduct.
Thanks for contributing an answer to Law Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38138%2fwhat-is-meant-by-having-these-in-a-contract-for-restraint-of-trade%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown