How long can an agency ban me from working with its clients?

Agency bans you from its clients for 36 months? Ask for a 12 to 24 month cap, only clients you served, and exceptions for inbound requests.

The risky clause

For 36 months after termination, Subcontractor shall not work for or contact any Agency client, even if found independently.

Why it is dangerous

A non-solicit stops you approaching their clients but should not stop clients who come to you or whom you knew before. Limit the list, the time and the type of work. In India, Section 27 of the Indian Contract Act can affect restraints after the contract ends, so ask a lawyer. This is general information, not legal advice.

Safer clause to propose

For 12 months after termination, Subcontractor shall not actively solicit clients it worked with under this agreement. Pre-existing clients and unsolicited inbound requests are excluded.

Message to send

Hi [Agency],

Could the non-solicit be 12 months, limited to clients I served under this agreement, and exclude my existing clients and inbound requests? Thanks, [Your Name]

Frequently asked questions

Is a 36-month non-solicit normal?

It is long. Many contracts use 6 to 24 months with a narrow client list.

Can I work with a client who contacts me?

Add an exception for unsolicited inbound requests.

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