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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
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Hi, I use an online ticketing service for my business. I

Resolved Question:

Hi,
I use an online ticketing service for my business. I wish to stop using them and as my contract expired in July I assumed I could change any time after it expired. But They say that as I did not terminate it in July then it has automatically re-starts for another year and I have to stay with them until July 2015.
They are demanding compensation and threatening to withhold monies owed to me because of this.
Their service is free to use from their website now and there is no material loss to them if I leave, only their commission on tickets sold.
How much of this is legal and how much is bullying?
I am a small business and can't afford costs etc.
Many thanks,
Mike
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does your contract contain a rolling renewal period?
Customer: replied 2 years ago.

Unfortunately it does, yes

10.1 This Agreement shall commence on the Commencement Date and continue for the initial Term and
shall thereafter continue for a further year on each anniversary of the Commencement Date unless
terminated by either party giving to the other not less than one months notice at any time prior to the expiry
of the Initial Term or the current annual term.

That is pasted from the contract

Customer: replied 2 years ago.
Relist: Answer came too late.
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep relisting this before I have responded which causes the question to drop off my list.
If you are locked into a rolling contract and have acted in breach of it then they do have a claim against you for lost profits so its not strictly correct to say there is no loss. They may very well not have a claim for the sum they are seeking but there is a claim for something.
They shouldn't withhold monies due to you but companies often do it and you would have to go into court to get them to release where the entire matter would be considered anyway.
This is probably a small claims court sum though anyway so costs would not be probative.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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