Re: Contracts for work

2005-07-02 Thread Mark Holm
 It's not normal in my experience. What are some of the escape clauses
 and where do you live?
 
This is what I find to be bothersome:

3.2. Payments. SSA shall remit payment to Contractor when the monies are 
received from SSA’s customer and on receipt of all properly submitted 
invoices, unless otherwise agreed upon in writing in Section 7 of the Order. 
The Contractor shall not be entitled to payment to the extent that the client 
refuses to pay SSA for the services of the Contractor’s employees because of 
unsatisfactory performance.


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Re: Contracts for work

2005-07-02 Thread Johnny Le
Oh, that's bad.  You should work by the hours, not by projects.  You should get 
paid weekly or bi-weekly.  You just do your job.  Whether the customers are 
satisfied with it is not your problem.   It is SSA's problem, unless you have 
direct contact with the customers and responsible for writing the specs, 
creating the wireframe, designing the front-end prototype and meeting with the 
customers to make sure they are happy with it.  Your job is to make the 
features functional according to the specs and that's it.

This says that they put all the responsibilities on you.  They don't take any 
responsibilities for the project.  They just sit in the middle and take the 
profit and no loss.  We all look after ourselves, but we can't work for people 
whose sole concern is their own well-being, and not ours.  You should 
definitely ask them to revise the contract.  In my experience, they always do, 
but you have to be nice.  Don't give them an ultimatum.

Although in my experience, it is like dating.  You have to kiss many frogs 
before you meet a prince OR princess :-)  When you are new and in needs of 
money and experience, frogs are just coming out from every direction.  Once you 
are in a good place financially and expertise, princes or princesses start to 
gradually appear from the distance :-)

Johnny


  It's not normal in my experience. What are some of the escape 
 clauses
  and where do you live?
  
 This is what I find to be bothersome:
 
 3.2. Payments. SSA shall remit payment to Contractor when the monies 
 are received from SSA’s customer and on receipt of all properly 
 submitted invoices, unless otherwise agreed upon in writing in Section 
 7 of the Order. The Contractor shall not be entitled to payment to the 
 extent that the client refuses to pay SSA for the services of the 
 Contractor’s employees because of unsatisfactory performance.

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Re: Contracts for work

2005-07-02 Thread S . Isaac Dealey
 It's not normal in my experience. What are some of the
 escape clauses
 and where do you live?

 This is what I find to be bothersome:

 3.2. Payments. SSA shall remit payment to Contractor when
 the monies are received from SSA’s customer and on
 receipt of all properly submitted invoices, unless
 otherwise agreed upon in writing in Section 7 of the
 Order. The Contractor shall not be entitled to payment to
 the extent that the client refuses to pay SSA for the
 services of the Contractor’s employees because of
 unsatisfactory performance.

So what they're saying is if our client doesn't like your work and
decides not to pay us, we're not paying you, and we're not going to
try and do anything about it. I don't find it especially surprising.
I don't know if it's common. I don't consider it a good contract,

Imo a good contract would need to specify that if the client stiffs
them they still pay you and take the client either to court or to
collections, as the company you're working for a) has the right to do
that and b) is in a far better financial position to lose that money.

My understanding is that IT consulting companies that hire
subcontractors don't just mark up your work 15% or so like it's a
mass-produced product -- they typically charge a minimum of 2x your
rate to the end client (usually closer to 3x). They then turn around
and take a larger number of projects and all the extra money that's
coming into the company from these projects and use that extra to pay
their sales staff, office rent, etc. It's true that some of them do go
out of business for financial reasons, but you don't want to work for
a company in that position anyway. If the company is stable, they're
much better able to deal with deadbeat clients than you are.

s. isaac dealey 954.522.6080
new epoch : isn't it time for a change?

add features without fixtures with
the onTap open source framework

http://www.fusiontap.com
http://coldfusion.sys-con.com/author/4806Dealey.htm


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Re: Contracts for work

2005-07-02 Thread Johnny Le
Even more than 3x.  I had this company paid me $35/hour, and charged the 
clients $160/hour, but of course, they always paid me on time and never 
questioned my charges.

Anyway, like Louis said if there are many clauses, it is a red flag.  Even if 
they agree to fix them all, it is a bad sign.  They will try to cheat you out 
of your money later - one way or another.  It will be a lot of headaches later. 
 It also sounds like this is a new inexperience company.  It is a headache to 
deal with inexperience companies.

Johnny


 It's not normal in my experience. What are some of the
 escape clauses
 and where do you live?

 This is what I find to be bothersome:


So what they're saying is if our client doesn't like your work and
decides not to pay us, we're not paying you, and we're not going to
try and do anything about it. I don't find it especially surprising.
I don't know if it's common. I don't consider it a good contract,

Imo a good contract would need to specify that if the client stiffs
them they still pay you and take the client either to court or to
collections, as the company you're working for a) has the right to do
that and b) is in a far better financial position to lose that money.

My understanding is that IT consulting companies that hire
subcontractors don't just mark up your work 15% or so like it's a
mass-produced product -- they typically charge a minimum of 2x your
rate to the end client (usually closer to 3x). They then turn around
and take a larger number of projects and all the extra money that's
coming into the company from these projects and use that extra to pay
their sales staff, office rent, etc. It's true that some of them do go
out of business for financial reasons, but you don't want to work for
a company in that position anyway. If the company is stable, they're
much better able to deal with deadbeat clients than you are.

s. isaac dealey 954.522.6080
new epoch : isn't it time for a change?

add features without fixtures with
the onTap open source framework

http://www.fusiontap.com
http://coldfusion.sys-con.com/author/4806Dealey.htm

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