Dear Sir/Madam, we are running a startup IT company based in coimbatore and taking projects from Dubai and other export companies and outsourcing to Indian company who has the right expertise. We might land in a situation where they might come to know about our clients and could approach directly too and try to take the business, we want to legally avoid those situations. What should we do, and do you have agreement to support to us and how should excute so we hold them legally responsible. Thanks.
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Dear Sir.
Respectfully i want to suggest you.that Foreign ministry award you the license ...for holding the business in a other country ..you must be register your company ..in India...and complete ..the licence holding process..there are many kind of license in a different category....which base on the product .....?
Best Regards
Mob-No-[deleted]
1) indian company should sign an agreement wherein they agree not to solicit work from them
2) the agreement should contain a clause regarding damages payabl;e in event of breach of contract by them
3)it should also contain jurisdiction clause
4) you can contact any local lawyer to draft the agreement for you
1. To protect such scenarios there is a clause called confidentiality and restraint clause.
2. By putting the said clause only you can take care of this issue as without the same your clients are likely to be poached in near future.
3. If you need further assistance on making such agreement feel free to contact as such agreement is to be customized as per requirement of the clients.
Have you not executed an agreement with your clients which includes a clause against them taking work directly from the Indian company to which you outsource the work? To avoid such poaching of work the companies execute an agreement with their clients. If you have not executed such a contract then do it immediately. Get the contract drafted by a lawyer.
You can enter into the business agreement with proposed company at abroad with the conditions and clauses that they would not enter into direct contract or any business agreement with the clients through whom you would promote the business intended to be carried out through the current business agreement.
You may also impose clause that the company with you are entering into agreement shall have no access to retain merchandising i.e., your clients or customers directly or indirectly since the details are your company's property.
This clause is applicable during the currency of your business agreement with that company and any breach of this condition ,may attract legal action including compensation for estimated loss and breach of contract.
You can even enter into mutual confidentiality agreement with the foreign company in this regard with conditions favoring both sides in case of breach of contract by either side.
You can consult an expert attorney to draft such agreement with carefully chosen words to protect your business and future interest.
1. You can ask those companies whose services you are outsourcing to enter in to an agreement with you for not poaching your clients with in 3 years from the date of their getting the last contract for doing their job from you.
2. There should be a clause in the said contract stipulating that the outsourced party shall be liable to pay you Rs.10 lakhs if they are found to have poached your clients and taken up their jobs directly with in the stipulated period.
3. Please note that you can not bar them for doing their jobs directly since it will be considered as infringement in to their civil right to earn money by doing business with whoever they wish to.
