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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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HelloI signed up to a monthly SEO package with another

Customer Question

Hello
I signed up to a monthly SEO package with another company. I have made 2 payments, to cover the first 2 months. Payments made at the beginning of each month. As results have not been good, I have told them I am cancelling the end of the 2nd month, so as to not make the 3rd payment.
They are saying that a final payment needs to be made, as they require 1 month's notice.
Here are their terms and conditions clause, that I did agree to when signing up.
"8. No Fixed Contract. **** operates on a month by month agreement. By this, you are not committed to a fixed contract with **** . You can cancel at anytime by cancelling the automatic payment subscription with PayPal. All paying clients are subject to a 1 month notice period. You must give our team 1 months notice if you wish to cancel and after serving this period, you are free to stop using our services."
Firstly, I was not making payments via PayPal. Just through direct bank transfer.
Ideally I do not want to make this final payment (poor results, and they know I'm cancelling, so they will not provide a good service) and I like to just leave it at that. The two month's payments were too much anyway, for what they provided, which was a poor service.
Is the clause above vague enough, or any other way I can go my way and terminate it without an extra 1 month notice?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much is the extra month?
Customer: replied 1 year ago.

It's £550 + vat

I'll be honest, no intentions of paying. Results have been poor, and don't just want to hand money over when they know my intentions of cancelling.

T & Cs also mention this:

"Payments are always made at the start of the month for 1 months worth of service. If you stop your services anytime during the month, the payment made will stand and no refund will be made at a pro rata rate."

Which means they have not made a loss, as they don't carry work out until payment is made anyway.

Expert:  Ash replied 1 year ago.
Ok, does it say there is a minimum period?
Customer: replied 1 year ago.

No, it's a month by month contract - no fixed period. But they require 30 days notice etc. See notes above

But no minimum period is listed like, 3 months, or 6 months contract.

Expert:  Ash replied 1 year ago.
I think you can terminate. If the results are poor and you have been misled then they are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to take all reasonable skill and care.
If they are in breach you can refuse to pay. Even if they try and take you to Court it would be a small claim so you would not have to pay Solicitor costs etc.
But on the above basis I think you can justify not paying the month.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

So the reason for termination would be that the results are poor, and I feel like I have been misled?

What if they argue that results take time etc. and they never promised anything or guaranteed anything.

Expert:  Ash replied 1 year ago.
Correct.
They could argue that but see above, they havent really done anything, so what was the point!
Alex
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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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