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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have been informed by a rather unsavoury hosting company

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Hello. I have been informed by a rather unsavoury hosting company that in the terms of their "contract" that I ticked the box on when I signed up to their service that I am bound to pay them monthly till Jan 2016. At that point, unless I remember to give 30 days notice in December they will auto renew and I'll be in it for a further 12mts.
What I need to know is can they do this? And can I just instruct my bank not to pay further payments on my credit card.
Nothing fancy, just a quick bit of advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did you sign up please? Was it online?
Customer: replied 1 year ago.

Yes it was online Alex. In January this year.

Expert:  Ash replied 1 year ago.
Does it say minimum of 30 days notice?
Customer: replied 1 year ago.

I think so but they told me i could not end the service until Jan 2016. I found their terms on their website. The relevant bits are below:



  1. Duration and Renewal of Services


    1. Services for which payment is required on a monthly basis are available for fixed 12 month, 24 month or 36 month minimum contract periods. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, the minimum contract term on all Packages shall be 12 months

    2. When Entering into a contract as a consumer (not in the course of conducting business) the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven working days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the seven working days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000.


  2. Cancellations


    1. When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.

    2. For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.

    3. Unless specifically stated to the contrary in the details of the Service and/or Package You purchase, or agreed by Fasthosts in writing prior to purchase, Services are not available on a trial basis. It is Your responsibility to ensure that the Services you purchase are suitable for your technical requirements.

    4. You are entitled to cancel the services by contacting Fasthosts' cancellation team no more than 30 days prior to the expiry of your minimum contract term , and no less than one working day prior to the next payment date of that service. Once Fasthosts accept your cancellation request you will be provided with written confirmation of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you.

    5. 3.5 Fasthosts reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or the Service Specific Terms & Conditions and/or our Acceptable Use Policy.


  3. Refunds


    1. Charges due on a pre-pay basis (together with account set-up fees, where applicable), are non-refundable.

    2. In the event that Fasthosts cancels Your Service for reasons other than Your breach of contract, You will be entitled to a pro rata refund based upon the remaining period of Your current contract term.

    3. If You contravene Your Agreement with Fasthosts, a refund will not be issued in the event of a cancellation.

    4. Domain credits are non-refundable as they enable the purchase of domain names at discounted Prices, based on an up-front commitment.

    5. Credit notes can only be used for payment (or partial payment) of Your Service, and are non-refundable.

    6. Unused reseller funds on account will only be recoverable when the account is closed

Expert:  Ash replied 1 year ago.
Where does it say you have to give 30 days notice?
Customer: replied 1 year ago.

It talks about it in #4 under cancellations Alex but thats not really my question. I just want to know if this is all binding and if I can tell the bank not to pay them or if I have to keep subscibing to this service?

"4.



  1. You are entitled to cancel the services by contacting Fasthosts' cancellation team no more than 30 days prior to the expiry of your minimum contract term , and no less than one working day prior to the next payment date of that service. Once Fasthosts accept your cancellation request you will be provided with written confirmation of cancellation requests will not be deemed to have been received and accepted until we have issued our written confirmation to you."

Expert:  Ash replied 1 year ago.
In theory it is binding and if you cancel they could try and sue for breach of contract. However saying that The Unfair Terms in Consumer Contracts Regulations 1999 says
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Therefore you could easily argue it was unfair and as such the supplier would need to show that it was fair.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thanks a lot Alex. The only further thing I'd like your opinion on is if for about £2 a month you think it likely a company would sue me? Seems unlikely but then if the onus would be on me to front up a ton of fees to defend myself and it was easy for them to do this I guess they might?

Expert:  Ash replied 1 year ago.
Unlikely for that amount?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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