Legal Question in Business Law in Wisconsin
contract question
Alright, I do internet work which I basically lease out anothers services to do mine. Anyways the contract was up and we went into negotiations. They went sour due to them trying to force me to sign something I did not. Anyways, in the expired contract, it has either side has right to cancel agreement with 30 day notice. Well, they did that trying to force me to sign it. So, since I have about 1000 clients still with them which we share a % on the old contract. What are my options with the old clients? Basically, I want to know what my options are. Thanks !
1 Answer from Attorneys
Re: contract question
I do not completely understand your situation, but I will provide some general input. It sounds like you need a partner to provide the service package that you offer. If the partner is not prepared to keep doing business with you then you will need another partner. The question then becomes whether you are free to solicit the 100 clients that you have to get them to come to you and your new partner.
You will want to review the contracts between yourself and your old partner to make sure there is no restriction on you in doing this. We would also want to examine the entire relationship between you and your former partner to evaluate what risks, if any, are there if you do solicit the former customers. Use of client lists is usually a contentious area and you will want to know the lay of the land as you continue to deal with these people.
If the 1000 clients stay with your old partner, you still apparently have a fee split going on with them. Your contract with your old partner may or may not cover what happens if you and your old partner are no longer providing the service together. In either case, you will want to take the position that your percentage continues indefinitely (forever), so they will have to keep paying you your percentage whether you are with them or not. This may make them rethink the whole situaiton and give you leverage to negotiate firm contracts with them that specifically indicate who gets what in the case of a break-up.
These are just some general ideas. To give some formal legal opinions on this, I would need more information from you.
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