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Hello, welcome to the website. My name isXXXXX can assist you with this.
This does depend on the contract terms. If there is something in the contract saying that there is no committment or obligation to provide referrals, then their position would be wrong.
Well the contract does not say anything about any level of referrals that would be offered - it just says what would be paid. No where in there does it say we will give 1, 10 or 100 referrals.....
OKay. And the right to terminate - do you have one before the 12 month term?
Yes we do, we could give 3 months notice, or I can terminate immediately if they are "negligent in the performance of the services described herein" . Part of the service is that they need to comply with our rules and procedures, which were sent and agreed. They have not done that. However, I have not formally terminated - just have not sent them any more cases......
OKay, then you need really to formally terminate if you have the right to do that.
If you don't terminate, you might have an argument to say there is no minimum amount you have to refer, and hence, you've done nothing wrong.
If there is no committment, then you're not liable for not delivering.
The issue of how much you're liable for can only arise when you're in breach of agreement.
I think its the later really. Prior to signing the contract there was some email discussion of the likely level of business, but this was not put in the contract that was signed after and in teh contract we agreed that:
so I dont think they can claim the email was part of the contract can they?
Yes, I think you're right about this. The agreement is it - the initial representations as to likely business are irrelevant when you have an entire agreement clause like this.
Thanks, XXXXX XXXXX confirmed what I thought.
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