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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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We are a limited company and have signed a contract with a

Customer Question

We are a limited company and have signed a contract with a company who supply analytic services for web sites.After more discussion we descided this was not for us.I e-mailed the company five days after signing and told them i wished to cancel. We did not use the service at all. They have got back to us and told us that we will have to pay the contract for the year. They have informed us that there is no cooling of period for this contract.
Can you please advice ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do you accept there was no cooling off period?
Customer: replied 1 year ago.

I didn't know there was no cooling off period.

Expert:  Jo C. replied 1 year ago.
Yes, I understand. But was there on the contract?
Customer: replied 1 year ago.

no

Expert:  Jo C. replied 1 year ago.
Ok.I presume that the contract was to advertise your services on the site? So you were a business not a consumer?
Customer: replied 1 year ago.

They were going to analyse our web traffic and inform us of who were looking at our web-site.

Expert:  Jo C. replied 1 year ago.
Ok. But this is a corporate website?
Customer: replied 1 year ago.

Are we liable to pay the full years contract?

Expert:  Jo C. replied 1 year ago.
You are if this is a business to busines sale. I had been hoping you were a consumer even though you were a business but clearly this is a business purchase in the course of a business. The distance selling regulations do not give you a cooling off period. You can agree one but you did not. You can always offer a lesser sum in full and final settlement.Failing that, you can always refuse to pay and run the risk of being sued. Quite often companies do not. You do take a risk clearly but it is one that may pay off.Sorry if that is bad news.Can I clarify anything for you? Jo

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