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SEO service to consulting agency - legality question

by sullx
7 replies
Hey warriors:

Question for you. Our team has been contacted by a consulting agency to hire our services for several of their clients (other businesses).

The question I have comes down to the contract and legality. The consulting company would prefer we have a contract only with them and then they would have seo contracts with their clients and our company would just be the hands and feet of their seo business. From a revenue prospective this is very favorable, but before I discuss this with our lawyers I wanted to get your feedback. Can we provide service for this consulting client, to ITS clients without contracts with their clients safely?

To me, it seems like we are open to some significant liability. For instances, if down the road one of their clients wanted to come after us instead of the consulting company, it doesn't seem like we would have any protection.

Any feedback on this? Thanks!
#agency #consulting #legality #question #seo #service
  • Profile picture of the author ryanmckinney
    Originally Posted by sullx View Post

    Hey warriors:

    Question for you. Our team has been contacted by a consulting agency to hire our services for several of their clients (other businesses).

    The question I have comes down to the contract and legality. The consulting company would prefer we have a contract only with them and then they would have seo contracts with their clients and our company would just be the hands and feet of their seo business. From a revenue prospective this is very favorable, but before I discuss this with our lawyers I wanted to get your feedback. Can we provide service for this consulting client, to ITS clients without contracts with their clients safely?

    To me, it seems like we are open to some significant liability. For instances, if down the road one of their clients wanted to come after us instead of the consulting company, it doesn't seem like we would have any protection.

    Any feedback on this? Thanks!
    The bottom line is this: you need to talk to your lawyer, and not the "barracks lawyers" here on the WF. No disrespect to anyone, but , for legal issues, it is simple, talk to a lawyer.

    "But judge, seoxpert69 on the warrior forum said.."

    Ryan
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  • Profile picture of the author David Miller
    With all due respect to members of this forum, if you have lawyers to discuss this with, I would seek their advice before anyone in this forum.
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    The big lesson in life, baby, is never be scared of anyone or anything.
    -- FRANK SINATRA, quoted in The Way You Wear Your Hat
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    • Profile picture of the author sullx
      Originally Posted by David Miller View Post

      With all due respect to members of this forum, if you have lawyers to discuss this with, I would seek their advice before anyone in this forum.
      It's good advice; and as noted in my thread: I intend too. But it doesn't hurt entering the conversation with a bit more background info. from other marketers who have dealt with similar scenarios.
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  • Profile picture of the author ryanmckinney
    ^^ Lol Dave, same comment at same time.
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  • Profile picture of the author HypeText
    Originally Posted by sullx View Post

    Hey warriors:

    Question for you. Our team has been contacted by a consulting agency to hire our services for several of their clients (other businesses).

    The question I have comes down to the contract and legality. The consulting company would prefer we have a contract only with them and then they would have seo contracts with their clients and our company would just be the hands and feet of their seo business. From a revenue prospective this is very favorable, but before I discuss this with our lawyers I wanted to get your feedback. Can we provide service for this consulting client, to ITS clients without contracts with their clients safely?

    To me, it seems like we are open to some significant liability. For instances, if down the road one of their clients wanted to come after us instead of the consulting company, it doesn't seem like we would have any protection.

    Any feedback on this? Thanks!
    I am NOT a Lawyer and don't even play one on TV...

    But, if you are looking for a Laypersons opinion from a experienced business persons standpoint, here's mine.

    First, there is something in a Legal contract called an "Indemnity Clause" to protect entities in these types of situations. A Good Attorney, worth their salt, will include one in your agreement...and I strongly suggest you have your agreement prepared by one.

    Second, the End Client would be paying your Client for the Service, therefore you would have certain built in protections against potentially being sued by the End Client as they have no direct association with your Company or the Services provided. Again, this is only an opinion based on experience and you should still consult a qualified Attorney.

    Now, If I was an Attorney I would be billing roughly $350.00 Per Hour, in one Hour Increments, in which case you would now owe me $350.00

    BUT, Darn the Luck...I'm not an Attorney so I can only charge for the consultation...Will that be Visa, Mastercard, American Express or Discover?

    Or should I just put in "On Account" (On Account that you have no intent of paying me for my opinion)?
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    • Profile picture of the author sullx
      Originally Posted by HypeText View Post

      I am NOT a Lawyer and don't even play one on TV...

      But, if you are looking for a Laypersons opinion from a experienced business persons standpoint, here's mine.

      First, there is something in a Legal contract called an "Indemnity Clause" to protect entities in these types of situations. A Good Attorney, worth their salt, will include one in your agreement...and I strongly suggest you have your agreement prepared by one.

      Second, the End Client would be paying your Client for the Service, therefore you would have certain built in protections against potentially being sued by the End Client as they have no direct association with your Company or the Services provided. Again, this is only an opinion based on experience and you should still consult a qualified Attorney.

      Now, If I was an Attorney I would be billing roughly $350.00 Per Hour, in one Hour Increments, in which case you would now owe me $350.00

      BUT, Darn the Luck...I'm not an Attorney so I can only charge for the consultation...Will that be Visa, Mastercard, American Express or Discover?

      Or should I just put in "On Account" (On Account that you have no intent of paying me for my opinion)?

      Thanks for your "laypersons" advice. Just send the invoice.
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