Purchase of Intellectual Services: 6 Mistakes to Avoid

Published on 8 Sep 2023

Are you about to hire independent consultants or freelancers for your company? Great idea! But stay alert — purchasing intellectual services is far from risk‑free…

No need to panic though: 2i Portage is here to support you and walk you through the 6 mistakes to avoid to successfully manage your purchase of intellectual services!

1. Failing to Clearly Define Your Needs

This is our first piece of advice: be clear about what you need. Why? Because navigating the world of intellectual services without a precise plan is like searching for a needle in a haystack.

So, start by building a detailed brief. Think of it as your GPS — it clearly tells the provider what you expect from them.

Not sure how to clearly identify your needs? Don’t worry, it’s not complicated. Simply check a few key points such as:

  • Your business objectives: Your final goal determines the type of service you need. Is it to increase online visibility, improve internal operations, or expand your client reach?
  • Your budget: How much are you willing to invest in the service? Defining a realistic budget will help narrow down your options.
  • Your timeline: Do you have a strict deadline? If yes, this may influence your choice of provider.
  • The required level of expertise: Do you need a beginner, an intermediate professional, or a seasoned expert for your project? This will help you determine the right type of freelancer to look for.

2. Not Checking the Provider’s Skills and Experience

This is the second step. Just like in a treasure hunt, you need to assess the terrain to find the best path forward.

Here, you must evaluate the candidate’s skills and experience to confirm whether they can rise to the challenge. How? Very easily:

  1. Start by exploring their professional background.
  2. Review the types of projects they’ve worked on in the past. This gives you insight into their skill level — but don’t stop there!
  3. Ask for samples of previous work. It’s like getting a preview of what they can deliver for you.
  4. Finally, ask for references. What could be better than hearing from past clients to get an objective picture of the provider’s abilities?

After these steps, you’ll be able to determine whether the provider has the skills and experience needed for your project.

3. Not Protecting Your Rights

The third mistake to avoid is failing to protect your rights. When dealing with intellectual services, intellectual property rights are involved.

So don’t assume that paying a provider automatically grants you ownership of everything they produce. You must obtain and formalize these rights contractually.

And be careful — the field of intellectual property is quite broad and covers several aspects:

  • Reproduction: Can you duplicate the work? Essential in fields like web development.
  • Usage: Are you free to use the produced work in different contexts?
  • Representation: Do you have the right to display the work publicly?
  • Distribution: Can you distribute the work, for example through media?
  • Modification: Can you make changes to the provided work?
  • Exploitation: Are you allowed to profit financially from the work?
  • Exclusivity: Do you hold the rights exclusively, without granting them to others?
  • Duration: For how long are these rights granted to you?
  • Geographical scope: In which geographical areas can you exercise these rights?

All these points must be agreed upon and formalized in your contract to avoid misunderstandings or future conflicts. So remember: when dealing with intellectual services, clarifying and formally defining intellectual property rights is essential.

4. Not Establishing a Clear Contract

Fourth mistake: failing to set up a clear and detailed contract. This is the very foundation of your relationship with the provider. It protects you from unpleasant surprises and misunderstandings.

Like a cooking recipe, it must list all the essential ingredients for a successful collaboration. This includes:

  • deadlines for service delivery,
  • les tarifs précis,
  • les responsabilités de chaque partie,
  • et les modalités de paiement.

And that’s not all. Don’t forget to specify whether the provider has an obligation of means or an obligation of results:

  • Obligation of means: The provider commits to doing everything possible to reach the objective, without guaranteeing the outcome.
  • Obligation of results: The provider guarantees the achievement of the set objective, regardless of the method used.

5. Treating Your Freelancers Like Employees

The fifth mistake is treating freelancers like employees. Even though independent consultants work for you, they are not your employees.

What does that mean? It means you must respect the differences between employees and freelancers in terms of legal status and taxation.

Failing to do so may lead to requalification as an employment contract — and all the consequences that come with it.

So how should you treat your freelancers?

  • Consider them as business partners.
  • Respect their autonomy and give them the freedom to choose when and how they work.

And above all, remember that project success is a shared responsibility.

6. Committing Labour Brokerage or Unlawful Workforce Lending

One more thing to keep in mind: avoid at all costs any form of illegal labour brokerage or unlawful loan of workforce.

These illegal practices can not only harm your reputation but also expose you to severe penalties. How to avoid them? By respecting your freelancers’ rights and ensuring a transparent and fair collaboration.

2i Portage: Your Solution for Stress‑Free Service Procurement

If all this feels a bit overwhelming, don’t worry! 2i Portage is here to simplify your service procurement process.

As a French EOR complete solution, 2i Portage helps you navigate this complex process and avoid common mistakes. How? By providing you with a reliable platform to hire qualified professionals and managing all administrative and contractual aspects for you.

Mistakes to Avoid When Purchasing Services: Key Takeaways

To conclude, here is a quick reminder of the mistakes to avoid:

  • Failing to clearly define your needs.
  • Not checking the provider’s skills and experience.
  • Not requesting multiple quotes.
  • Not establishing a clear contract.
  • Treating freelancers like employees.
  • Engaging in labour brokerage or unlawful workforce lending.

Following these tips will help you navigate the world of service procurement more easily and build successful collaborations with your freelancers. Ready to start your next project?

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