{"product_id":"vragen-80126-ben-ik-gehouden-aan-concurrentiebeding","title":"Am I bound by a non-competition clause?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nAs a self-employed person, I signed a contract with a non-competition clause in it. I did this at a company (Sustainable leads). This is a company that collects warm leads (telephone numbers) for solar panels through door-to-door recruitment. However, I want to start a similar company myself because I see many more possibilities in that. In addition, the company is located in Den Bosch and Utrecht and I live in Eindhoven myself and that would be much nicer.\n\n I haven't talked to Sustainable leads about it yet, but I would like to know what I can do best in this situation to possibly start my business. Could you help me with that?\n\n Thank you very much in advance!\n\n regards,\n\n The non-competition clause states the following:\n\n non-competition clause\n\n 13.1\n \n'Ypsales and its affiliated companies and any personnel undertake not to sell solar panels \u0026amp; insulation leads to companies other than Sustainable Leads or to represent them during this agreement and for 12 months after termination of this agreement.\n\n 13.2\n\n In the event of a violation or non-compliance with Article 13.1, Ypsales shall forfeit an immediately claimable fine of €5,000 (in words: five thousand euros) per violation in favor of Sustainable Leads, without prejudice to the right of Sustainable Leads to claim full compensation for damages suffered and compliance with this agreement from Ypsales.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n A non-competition clause is not common for a self-employed person. In that case, a relationship clause is usually agreed upon.\n \nIn addition, the clause in this case seems to apply without limitation and worldwide. I do not read any limitation in terms of number of kilometers or, for example, a country. This means that the non-competition clause may be too indefinite and could be (partially) annulled by a judge.\n\n However, in order to be able to give more concrete advice, it is necessary to know the contents of the entire contract and to know more about your situation.\n\n Please feel free to contact me via my profile if you have any questions and\/or require legal assistance.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55002679968093,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-80126-ben-ik-gehouden-aan-concurrentiebeding","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}