Bespoke Contracts & Agreements – Complexity & Flexibility

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The Complexity and Flexibility of Bespoke Contracts and Agreements

Complex Relationships = Bespoke Contracts

Agencies deal with all manner of services with clients, employees and service providers.  For instance, in the case of employment agencies, whilst their employment contracts are temporary and some fall under a service provider relationship, a service agreement in many respects, the agreement between the agency and the client requiring a temporary or permanent employee, will need to be specific to that relationship.  Temporary employees will have different types of contracts which relate to their own services, such as contracts with administration staff and contracts with medical staff – hours and rate of pay differ considerably.  And of course, some temporary employees are referred to as permanent staff but in fact, in relation to the agency, they’re temporary, but in relation to the agency’s client, they’re potentially permanent.    

Let The Relationship Dictate What Goes On The Contract

Agencies don’t need agreements with clients to be tied to a particular structure, as long as they are legally covered and well advised on their best options in relation to a particular client.  So agreements can be bespoke in order to suit the relationship an agency has with each client.  In the same way, they will have bespoke contracts for each type of service employees or service providers render to clients. 


Agreements should be comprehensive, covering all aspects of business services provided by both agencies and their service providers, with each service being covered by a separate clause in an agreement, payment methods, including late payments and non-payments and the pay-out due when the client takes on an employee on a permanent basis.  As you are an agent dealing with several clients and service providers, your agreements should be separately designed specifically for each client and the nature of their business.  Agreements should have separate data clauses stipulating terms in relation to ownership, intellectual property, data protection, health and safe, as well as confidentiality.  And cyber security should now be a mandatory clause for most, if not all employment agreements, don’t you agree?

Good Relationships Promote Good Business

The agreement or contract will govern the relationship between the agency and the client, as well as the relationship between the agency and client with the employee or service provider.  All legal issues must be considered and all aspects of the contract must be clear and concise, so take your time to jog down what you want to go on the contract, review it and ensure that all parties included in the contract are comfortable with the written contractual relationship.   Always remember that good relationships make for good business, just like a marriage relies on a good relationship. By Sandra Garcao

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