altquark
Legendary Poster
For the past couple of months, I've been working with a customer on the selection of both E1 and the system implementer.
One of the system implementers who fell early used a number of independent consultants in the pre-sales cycle. This is pretty common practice, and is usually a win-win for the consultant - if the SI gets selected, the consultant gets a major role right at the beginning of the contract.
Now, its usual for the SI to create a Non-Disclosure agreement with the consultants it uses - however, one VERY well known SI managed to slip in a "non-compete" clause into their Non-Disclosure agreement.
In effect, this clause prevents the consultant working for ANY competitor to the SI for 18 months. Even if the project is unrelated to the project that they attempted to help the SI with in the first place.
We've just had to turn down a number of consultants solely on this basis recently. None of them knew anything about the non-disclosure/non-compete clause - but unfortunately our customers' legal department don't want to fight this further down the road.
So, please please be careful what you sign. Usually, most non-disclosure agreements aren't as binding - and if there is a non-compete, its usually directed at the customer that the SI is in pre-sales with.
If you've signed any non-disclosure agreements with any SYSTem IMplEmenter, please PLEASE check carefully....
One of the system implementers who fell early used a number of independent consultants in the pre-sales cycle. This is pretty common practice, and is usually a win-win for the consultant - if the SI gets selected, the consultant gets a major role right at the beginning of the contract.
Now, its usual for the SI to create a Non-Disclosure agreement with the consultants it uses - however, one VERY well known SI managed to slip in a "non-compete" clause into their Non-Disclosure agreement.
In effect, this clause prevents the consultant working for ANY competitor to the SI for 18 months. Even if the project is unrelated to the project that they attempted to help the SI with in the first place.
We've just had to turn down a number of consultants solely on this basis recently. None of them knew anything about the non-disclosure/non-compete clause - but unfortunately our customers' legal department don't want to fight this further down the road.
So, please please be careful what you sign. Usually, most non-disclosure agreements aren't as binding - and if there is a non-compete, its usually directed at the customer that the SI is in pre-sales with.
If you've signed any non-disclosure agreements with any SYSTem IMplEmenter, please PLEASE check carefully....