Hi - I will attempt to help with your question. Can you tell me why you are unhappy? Do you consider there to be a breach of contract? Do you have any further terms and conditions other than those attached?
There is an issue here in that the contract (as far as I can see) does not dictate the jurisdiction of the applicable law (i.e. US or UK). As you signed their terms and conditions there is a strong argument to suggest that the contract is governed by US law. However, before getting into that argument I suggest that you simply send them an email/letter along the following lines.
Dear Sirs[Brief details of contract].[Brief details of the service you thought you would receive and the service you did receive].Given the facts above and the service I have received compared with the service I wanted (and indeed believed I paid for), I believe [name of company] is in material breach of our contract due to a [partial/total] failure to perform its obligations. These oblifations go to the heart of my reasons for contracting with [name of company] in the first place.Such a breach entitles me to terminate the contract. Please take this [email/letter] as confirmation of my termination of the contract.I also request that [name of company] makes good the loss I have suffered. At present I have paid to you [Amount]. I am not seeking any further payments.Yours faithfullyName
I would STRONGLY advise seeking formal advice from a solicitor who can review all of the facts given the sums involved. Termination of contract has lots of different permeatations. The jurisdiction is a big issue and also the method for terminating can affect damages. I have however found that most companies respond favourably to an email such as that above.
I hope this helps
Line 1: which "the contract stipulated" or "which I was told included"Line 6: "(and indeed the service I believed I'd paid for)" - my mistake that one.Line 7: obligations (spelling)
I would also include at the beginning, details of the dates of the contract, conversations with sales reps and details as to why you believe that the services you expected were included
Hey are you there?
Thats the current version, would appreciate your thoughts
They could argue a combination of (a) the governing law of the contract is the US and not the UK (in which case I cannot advise you) or (b) that they had fulfilled their part of the contract and your letter was a repudiation of the contract - in which case they could seek damages from you. That is a risk that you should be mindful of. However, I believe it is a low risk in relation to (b). In practical terms I think they will seek to rectify your concerns (if they can), they will then probably offer you "compensation" for your loss which will be less than the amount you paid.
The actual digital content is pretty good, I could try to negotiate down to that package in the first instance I guess
I don't want to enter a fight I cannot win against a much larger company, I will try to negotiate first and then may have to just take it on the chin. I just wanted to get an understanding of how strong or not my position was
if there's nothing else I can help you with I would be grateful if you could rate and close the question.