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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11153
Experience:  30 years as a practising solicitor.
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Contract law: I verbally agreed to a 12 month contract with

Resolved Question:

Contract law: I verbally agreed to a 12 month contract with an online technology service provider back in Sept 2013.
The contract was sent to my business partner to sign.
Today I went to cancel the contract, expecting a 1 month notice period, as the 12 months had passed more than 3 months ago.
They informed me that it was a rolling 12 month contract, so if I hadn't cancelled in writing by the end of Sept 2014, I was automatically enrolled into a new 12 month contract.
This seems to be an unfair contract term and I want to know if this is enforceable?
Here is the clause in the contract:
Should the Customer wish to terminate this agreement at the end of the contracted period stated in point one of length of agreement, confirmation must be written on headed paper, signed and emailed to *****@******.*** to reach Lead Forensics by 30th September 2014 whereupon this agreement will cease at the end of the contracted period but without prejudice to any rights that Lead Forensics may have against the Customer under this Agreement. If no written notice is provided by the Customer to Lead Forensics this Agreement shall continue for a further period of 12 months from 1st October 2014 and shall continue to do so every 12 months thereafter.
Please advise if I have any grounds to challenge this?
Thanks
Mark Stephens
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is quite a common term in a commercial contract and is enforceable so you won't have any luck in trying to establish it as in unfair term.
The court would simply say that you should have read the contract, I'm afraid.
I hope this answers your question.
Please leave a positive response so that I am credited for my time.
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