🙅🏻♀ Never sign a blind contract!
On the one hand, because it binds you legally, and on the other hand, because some abusive clauses can slip in... which can be expensive!
💡Unfair terms are contractual provisions that disproportionately disadvantage the service provider compared to the customer.
Some examples:
🔸 The unilateral termination clause of the contract by the customer.
It allows the customer to terminate the contract unilaterally, without reason. It will be abusive if it does not provide for reasonable notice.
For example, if it allows the customer to terminate the contract without notice or reason, and EVEN IF it provides for termination compensation equivalent to the full fees due to the service provider, it will be deemed abusive, although it gives the impression of being advantageous for the service provider. 😉
🔸 The intellectual property clause that infringes the rights of the service provider
For example, a clause that automatically transfers the intellectual property rights to the client without financial consideration or mention of the service provider's name will be considered abusive.
🔸 The confidentiality clause which prevents the service provider from working for other clients
For example, a clause which prevents the service provider from working for competing customers for one year after the end of the contract, could be considered abusive, if it prevents the service provider from finding an activity.
♻️ But at the same time, a clause that would limit the provider's liability in the event of damage suffered by the customer, even in the event of gross negligence, will also be considered abusive! So be careful, the customer is not the only one who has to worry about the terms of the contract! 😉
🧐 But how to identify them?
📌 Several criteria to take into account to identify them, namely:
⚖️ The balance of rights and obligations: checks whether the contract gives a disproportionate advantage to one of the parties. The clauses must be fair and balanced for everyone.
✏️ The clarity of the clauses: they must be clear, precise and comprehensive. If you don't get anything, it smells of fir. They must be formulated in such a way that everyone can understand their meaning.
🤝 The possibility of negotiating the clause: if it's a definite no from the client, red flaaag 🚩. Do not sign. You can ALWAYS come to a consensus. Even if you are led to believe otherwise.
📕 Some clauses are presumed to be abusive by law: you can check on the internet (official sites are always better!) and see if you find some of these clauses in your contract.
👩🏻 💼 And if you have the slightest doubt, you can always ask a lawyer, both to study the contract, but also to write it if you have to. It's not free but it avoids a lot of inconvenience later, believe me!
And you, any abusive clauses to mention? 🤓
Better Call Eva
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