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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Ive just been informed that an advertisement I took out 2

Resolved Question:

I've just been informed that an advertisement I took out 2 years ago that I thought was finished is due for renewal on a rolling contract. I have read a copy of the contract and they have kindly highlighted the clause that says,
If the advertiser wishes to terminate this agreement, the advertiser must serve notice not less than 6 months prior to the expiry of the initial advertising period or any such period as appropriate.

Can you advise please,

James
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thank you for your question. My name is***** can assist with this.

tdlawyer :

Any confirm for me the full text of the clause concerned, and whether it was in connection with a business contract for advertisement or a personal contract.

Customer:

Hi Tony, the clause is as follows,

Customer:

(A) This agreement shall commence on the date that this agreement is signed and shall continue, unless terminated in accordance with the terms of this agreement, until the end of the initial two year advertising period or any subsequent periods as appropriate. Termination of this agreement shall not affect any accrued rights or liabilities of the parties here under, nor the terms of clause 4.

tdlawyer :

Okay, and what does the termination provision say then? And, is this for a business?

Customer:

(B) If the advertiser wishes to terminate this agreement, the advertiser must serve notice to the company not less than six months prior to the expiry of the initial advertising period or any subsequent period as appropriate. Any such notice must be served in accordance with clause 16.

Customer:

yes it's an electrical business.

tdlawyer :

Okay.

tdlawyer :

Well, in business contracts, this type of clause is permissible.

tdlawyer :

And they can auto-renew like this unless you give proper notice in accordance with the contract itself.

tdlawyer :

If you were a consumer, this might not be the case, but for businesses, it is the case.

Customer:

so I'm stuck with another year then, that seems very unfair.

tdlawyer :

Consumers do get protected from this kind of thing, but businesses do not I'm afraid. The law takes the view that businesses agree to things, and they should honour them. But I do agree with you, smaller businesses don't have teams of lawyers to read the terms they sign etc., and so why should it be different to individual consumers. But, sadly, there is a distinction.

Customer:

Ok thanks for your help, I'll give them notice and see if I can get away with six months.

tdlawyer :

Okay. Thanks for your question tonight.

tdlawyer :

Can I just check you're happy with my service this evening please?

tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Yes fine thank you.

Expert:  tdlawyer replied 3 years ago.
Thank you!