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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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Hello please can you advise me where i stand with this. I am

Customer Question

Hello please can you advise me where i stand with this. I am the managing director of a internet marketing company called social link up. I have had a customer who is a family friend employ us to develop an estate agency website. With the website comes a software based management system whic is purchased from a company called dezrez. With this comes a monthly license fee. They have sent us an agreement by post for £90 per month over 2 years. My customer asked me to sign it and send it back on the 23rd March just gone. Dez rez have since delayed the project and not delivered any goods as of today. We have a deadline so have asked to cancel and go elsewhere today and they are saying no your in a 2 year agreement. i have looked at the agreement and noticed that they have put the agreement in a name that isn't my full name and state i am trading as click estates which i am in fact not. It has only been 7 working days. They have told me that they will take me to court. Can they do this and can we cancel this contract?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Have you personally guaranteed the fee at all?

Is your company's name mentioned anywhere on it?

What do the terms and conditions say about cancellation?

Did you make them aware of your deadline before you accepted the service?

Kind regards

AJ
Customer: replied 3 years ago.

No my company is not mentioned at all. I have signed the agreement myself yes but not personally guarenteed. The terms and conditions do not say anything about cancellation. I can email you a copy if you have an email address. I would of thought that there would be some standard cancellation period. we have not met any one in person everything has been posted.

Customer: replied 3 years ago.
Relist: Incomplete answer.
I don't have an anwers at all to my question.
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Who do the terms and conditions actually say the service is being provided to and who is responsible for payment?

Can you confirm whether you made them specifically aware of your deadline?

Kind regards

AJ
Customer: replied 3 years ago.

It says the service is being provided to Ross Riding trading as Click estates. I am not Ross Riding i have a double barrel surname and i am certainly not trading as click estates. It also gives my registered office address as here but i don't trade as click estates. So i think they have sent the agreement in the wrong name. They were aware of a deadline of the 12th of this month.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If the deadline is the 12th and they were made aware of this then you need to write to them as follows and put them on notice of the breach:
- They have been made aware of the deadline and accordingly it is a condition of your agreement with them;
- Tell them that if they do not provide the service by the deadline you will deem them to be in breach condition and reserve the right to terminate any alleged agreement with them without further notice;
- Tell them you will hold them responsible for any costs and losses incurred in connection with their delay.

Whether they bring proceedings or not is their prerogative, however if they do not actually have an agreement in the name of an identifiable entity they are going to find it extremely difficult to sue anyone.

Would you still use the service if they kept to the deadline?

You could as an alternative deny any agreement exists but the effect of this would be that you would lose the ability to hold them responsible for the delay that has been caused.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

The agreement they have sent is to Ross Riding trading as Click Estates, my company is Social Link up Limited and my name is Ross Dinsdale- Riding. My Customers company is Click Estate Agents Limited therefore it is in the completely wrong name. And no i would not stay with them.now. In a way what i am trying to ask is because my signature is on that agreement does that make us liable?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

It does make your company liable to the extent that it can be proved that it is your signature and you were signing on behalf of the company..

Essentially what will happen is they will go to court with that document. You will say it is not you or your company named, they will argue that you still instructed them to provide the service and they will argue that your company is deemed to have accepted the terms as you signed them and allowed them to commence work.

I am therefore of the opinion that the best way to deal with this is to terminate the agreement on the basis that they have breached the deadline and you made the deadline clear to them.

If you just ignore it there is a chance they may just drop it, but as I said whether they start proceedings or not is their prerogative.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

I have been on the consumer website and i understood there is a cancellation period of up to 14 days as the agreement was posted to me and we have not physically seen a sales agent.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

This is not a consumer contract it is business to business agreement. What you are referring to is a consumer right to cancel arrangements made by distance selling. This is known as a cooling off period.

As you made this agreement in your line of work then the cooling off period does not apply.

Kind regards

AJ

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