How to prescribe in the contract for the creation of the site that we will not deal with such a similar project?

Danil Dotsenko2021-09-20 12:34:32

Law in IT

Danil Dotsenko, 2021-09-20 12:34:32

We will make an online school for the customer. And he asked us to write in the contract that we would not deal with such projects after its launch.

Answer the question

In order to leave comments, you need to log in

6 answer(s)

Viktor Taran, 2021-09-20
@ItxD

This clause of the contract will be declared "null and void" by any court.
imposing obligations on a natural person is slavery, and it is prohibited in the country. As a legal person, I generally have a bad idea of such a form of agreement under which you self-limit your rights to entrepreneurial activities that go beyond the scope of the current agreement.
All contracts must work in accordance with the laws of the Russian Federation.
The law cannot directly restrict you in the right to work with any contractor.
So draw up an agreement with a lawyer, but this paragraph will be something in any way it is written. (so you can safely violate it right away) This requirement from the area of \u200b\u200b
"wardrobe does not bear responsibility" (responsible material storage)
You can write anything but from the law it won't save.
In your case, this item will be something.

Alexander Prokhorovich, 2021-09-20
@alexgp13

That is, having gained a cool and sought-after experience, you want to block your ability to use it. Are you paid so much that you can no longer work for the rest of your life? A very strange clause in the contract, I would advise you to avoid such a customer. On the merits of the issue, describe as fully as possible each moment from the technical task, so that you can always say that there is a difference in the new project and it will not work out the same.

Developer, 2021-09-20
@samodum

All contracts must be drawn up by professional lawyers. One wrong word that can be interpreted in two ways - and your business is subject to closure, courts and fines

Vasily Nazarov, 2021-09-20
@vnaz

The Developer 's advice is as sensible as possible.
But, if it is not possible to consult with a real lawyer, you can risk (!) Prescribe in simple Russian:
1. The contractor undertakes not to create sites that
- ... (the maximum number of points with the maximum number of words describing the feature)
(!) "including, but not limited to"
up to ... a specific date (!)
2. In case of violation of clause 1 (in the contract, of course, numbers 1-3 will be different) The Contractor pays the Customer ... (amount, currency)
3. Clause 1 is valid only after the full payment by the Customer for the work of the Contractor under the Contract.
Clause 2 will allow you, with a "tasty" offer from competitors of the current customer, to violate clause 1 not "insolently", but "as agreed".
By the way, without paragraph 2, you can safely violate paragraph 1, the maximum that you will be "taken by law" in this case is the amount you received under the contract.
(a broken leg, breaking through the head, etc. are not considered, not because it is impossible, but because we do not know your customer).

Ricardo Sanchez, 2021-09-20
@yakovlev_13

When concluding such transactions, include the services of lawyers in the cost of the project) and you will be happy

spaceatmoon, 2021-09-21
@spaceatmoon

Such a requirement is simply absurd. The maximum that he can demand is that after the delivery of the project, you alienate all rights to the code to the customer.
My advice. Spend 3 thousand on a lawyer and let him draw up a STANDARD contract for the provision of services.