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Ash
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In summary we have a 12 month agreement to build and host an

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In summary we have a 12 month agreement to build and host an e-commence site for a client which expires on the 13th October. The client commissioned further work earlier this year and is now threatening to sue for breach of contract as we did not purchase
equipment paid for. This was not intentional but due to our bank withdrawing our overdraft. The client had, however, been unable/unwilling to populate the site with their products in the agreed timescale and had effectively put the project on hold for two
months. This was without our agreement and meant that they had also put on hold payment of the second half of the agreed programming charge - by the time they gave us the go ahead to purchase the equipment, the programming had been completed for 2 months -
the two debts are within £50 of each other. We believe that they plan to submit a claim in the small claims court before the hosting agreement expires. We haven’t as yet invoiced for the hosting but have asked if they wish us to - they have not responded.
It is an extremely complex site. Hosting support and licenses which are all due come to considerably more than the cost of the equipment but they are not prepared to negotiate. We would like to know if we should invoice anyway, we assume we should, and if
they don’t pay whether that affects their claim and whether we have to pay to keep the site live.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I have read the detailed document thank you. I agree with you, they owe you for the extra. You can wait and see if they put in a small claim. If they do then you can put in a defence and counter claim for the difference.
I dont think they are entitled to a refund, as you did the work. I accept you couldnt provide the equipment but the 2 month delay was theirs, they didnt respond.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
thanks and thanks for the offer of a conversation - I'm running about a lot over the next couple of days so email would be much easier.can you clarify the position re her claim if she doesn't pay to renew hosting?
Expert:  Ash replied 1 year ago.
If they dont renew then unless its in the contract they must, you can claim for the work done and unpaid invoices.
That can only terminate hosting if the agreement allows.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
yes thanks

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