How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a 12 month rolling contract with a SEO company. I wish

Resolved Question:

I have a 12 month rolling contract with a SEO company. I wish to cancel the contract but they say I should have given them 1 months notice before the anniversary date and now they are charging me another 12 months - £26K. Is this reasonable?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what do the terms say?
P
Customer: replied 2 years ago.

termination - Either party may terminate the agreement at any time with 30 days notice and without giving any reason providing minimum term is met 3,6 or 12 months. The rolling contract will renew 30 days notice to cancel is provided.

My company made a big loss last year. I fully explained my problem to the SEO at the beginning telling them if things did not improve I had informed my own staff the company would have to close. I have spent £60K with them on SEO and Adwords. But we are still making a loss. They have been supplying info that does not tally with my sales. I quieried this and was told we were guilty of not replying to emails or my staff were not up to snuff.

I do not believe thay have a signed copy of the contract as the digital version failed to reach them and I have an email stating it did not come through but they have marked it as accepted.

Mike

Expert:  Ash replied 2 years ago.
Ok. It doesn't say it rolls on for 12 months?
Customer: replied 2 years ago.

Sorry - I missed out "unless" 30 days notice to cancel is provided.

Expert:  Ash replied 2 years ago.
Sorry just to be clear what is the entire clause then?
Customer: replied 2 years ago.

Either Party may terminate this Agreement at any time with 30 days notice and without giving any reason for such termination providing the minimum term is met (Term is 3,6 or 12 months). The rolling contract will renew unless 30 days notice to cancel is provided.

Expert:  Ash replied 2 years ago.
I assume this was a business contract?
P
Customer: replied 2 years ago.

Yes

Expert:  Ash replied 2 years ago.
It's bad news I am afraid. If you were a consumer you would have more rights and indeed Under the consumer contract regulations*****can assess the fairness of a contract. However as a business your rights are far more limited and indeed if it went to court a judge would have expected you to read any contract before you signed it.
You do have protection under the unfair contract terms act but these are sadly far more limited. Sadly a court is likely to bind you to any contract which you have signed. However you would only be entitled to pay their loss of profit to get out of it rather than the cost to you.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Presumably they will say their loss of profit is the cost to me? However their bill does say their planned tasks will be completed in 60 days from final payment of an extra 12 months fees.

I'm only wishing to cancel as their advice of spending £14000 on Adwords over the last two months was flawed. They said I had the best month ever in April which was simply not true. It turned out that my website did not have a tracking enabled so They could not be certain that the "conversions" as they called were actual bookings.

Expert:  Ash replied 2 years ago.
Ok. If there was a representation made which turned out to be false you could get out of it by misrepresentation. They could be in breach of contract.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years 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