Change of contract novation from a supplier

Change of contract novation from a supplier

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Discussion

warp9

Original Poster:

1,613 posts

204 months

Wednesday 22nd May
quotequote all
I've had formal notice of contract novation from our SEO agency. I've never come across this before, but appears that ownership has changed and the new entity is taking over all legal agreements. Is this the case? Are there any other considerations before I sign the new agreement?
Thanks

Cyberprog

2,232 posts

190 months

Wednesday 22nd May
quotequote all
Make sure they're not trying to lock you in for longer than you had originally agreed to, and beware of price increase clauses etc.

LooneyTunes

7,582 posts

165 months

Wednesday 22nd May
quotequote all
The main consideration is that you probably aren’t obliged to enter into the new agreement.

(As simple change of corporate ownership would not normally require a basic agreement to be changed so, as has been said already, check it matches the current agreement!)

macron

10,780 posts

173 months

Wednesday 22nd May
quotequote all
LooneyTunes said:
The main consideration is that you probably aren’t obliged to enter into the new agreement.

(As simple change of corporate ownership would not normally require a basic agreement to be changed so, as has been said already, check it matches the current agreement!)
How do you know that without having read the contract?

The main consideration is to read the contract signed and see if it has provision for a change of owner, which in software/ IT the provider often has as standard. After all, the reason a lot of companies are bought is because they have customers, and if none of those customers are obliged to stay, goodbye revenue.

LooneyTunes

7,582 posts

165 months

Thursday 23rd May
quotequote all
macron said:
LooneyTunes said:
The main consideration is that you probably aren’t obliged to enter into the new agreement.

(As simple change of corporate ownership would not normally require a basic agreement to be changed so, as has been said already, check it matches the current agreement!)
How do you know that without having read the contract?

The main consideration is to read the contract signed and see if it has provision for a change of owner, which in software/ IT the provider often has as standard. After all, the reason a lot of companies are bought is because they have customers, and if none of those customers are obliged to stay, goodbye revenue.
Agree contractual provisions would need to be considered, however he’s not talking about a pure change of ownership (which would usually render notation unnecessary) but a change to a new company. As a result he needs to be careful to not be persuaded to do something he may not be obliged to do.