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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7080
Experience:  English solicitor with over 12 years experience
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I need someone to interpret a contract for fairness.

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I need someone to interpret a contract for fairness.
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Research online
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thta's all thanks

Hello,

Please explain what you would like to ask?

Customer: replied 4 days ago.
Does this term put the client in unfair position? If so, shouldn't the contract be null and void?3. Agreement of Terms and Cancellation"3.0.1. This agreement will remain effective from the date we receive your completed registration form. Either party may vary or terminate our authority to act on your behalf at any time without penalty, unless cancellation is before your first month’s payment. In that instance, a £30 fee will become payable to cover our administration costs. Notice of termination must be given in writing or via email. No monthly payments will be refunded to you at any time and cannot be transferred, regardless of whether you have used our services or not, or if your year-end procedure has been performed or not."

Sorry, could you please explain the context?

Customer: replied 3 days ago.
Apologies. Context is if the statement is fair or not. An accounting firm that I paid £700+ monthly payments to did not actually provide me any service and yet holding me to this term - that no refunds will be paid even if year end procedure has been performed or not. They are excluding themselves from responsibility to complete the service I agreed to even when they don't complete it, as per the contract below. Can I sue them for Unfair Contract terms?"No monthly payments will be refunded to you at any time and cannot be transferred, regardless of whether you have used our services or not, or if your year-end procedure has been performed or not."

We could argue that it is an unfair provision but the final decider of whether or not it is fair will be the court. You could try and negotiate an amicable position with the firm if possible, otherwise you may go to court if you are willing to do so.

May I help further?

Customer: replied 3 days ago.
Thank you so much! I'll look into small claims court and i might need help with paperwork. Thanks again!

You are welcome.

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