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It seems to me that this person has taken a lot of time researching about contracts. Much of text is filled with legal definitions rather the actual terms of ag
by brickcap 11y ago
It seems to me that this person has taken a lot of time researching about contracts. Much of text is filled with legal definitions rather the actual terms of agreement. No lawyer writes a contract like this (at the very least I've never seen a contract written like this) .The intention clearly is to give off the impression that it was drafted by a lawyer, which I highly doubt.
Also the quality of language in the definitions and the quality of the language in the actual clauses does not match. Which could mean that the definitions were simply copy/pasted from internet but when it came to writing the actual stuff the person making the offer had nowhere to turn to.
So what you fear is that the client is asking to to fulfil your promise to the contract that you linked. Reading the contract and the context that you have given, here are some of the things that I've noticed. My responses are with respect to the Indian contract law :-
_"and any designing or development you own or have or will have rights to, any that you have previously created or will create in the future ..."_
This is void since it is not legally enforceable. A clause must be specific as to what the promise or the consideration for promise should be. What this clause says is neither specific nor foreseeable.
_"in return for you services and full agreement to the above terms in condition I will be allowing you to purchase a website with control panel through us or the company we use"_
Okay this was funny :) So the author of the contract reads up on contract law and decides to draft one. He puts forward some absurd clauses and says to himself
"Gee what should I give the other party in return for consideration of the promise?"
And he gives you the _right_ to buy stuff for him. This is like when you go to a fruit vendor and pay him Rs 40 to buy a dozen bananas and he says "Brother since you have given me Rs 40 to buy the bananas I give you the right to buy apples from this shop". Won't work in a court of law.
_"You also give up all rights to file a suit again my self or anyone involving me , you will give up the right to lawyer up and file a suit against me or anyone I associate with."_
This clause is void. The right to file a law suit can not be taken away in any case by anyone. It does not matter if you have agreed to do so in a contract or not.
First the promise required is not specific. Then there is no consideration of promise. On top of that the person is taking away your right to appear before a court of law. All three clauses are void. The contract is void. You have nothing to fear.
- scottydelta 11y agoThanks for the detailed info :)