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  • FIRST POST
    • rainio
    • By rainio 11th Oct 17, 12:56 PM
    • 38Posts
    • 0Thanks
    rainio
    Not renewing a automated phone service contrac
    • #1
    • 11th Oct 17, 12:56 PM
    Not renewing a automated phone service contrac 11th Oct 17 at 12:56 PM
    Hello,
    I work for a small business where we use a service called voice connect for our automated voice system.
    The contract is up in a few weeks and we've decided not to continue with it.

    The company says that as we must give 3 months notice, we must pay for another years worth (according to their T&C) to cancel it, even though there is a 3 month notice period.

    Is this legal?

    Can we say "We do not agree with this, we give notice now and will pay for 3 months then terminate the service with you", similar to an employment contract (ie. 3 year contract 3 month notice period)?

    Thanks.
Page 1
    • 00ec25
    • By 00ec25 11th Oct 17, 1:19 PM
    • 5,002 Posts
    • 4,350 Thanks
    00ec25
    • #2
    • 11th Oct 17, 1:19 PM
    • #2
    • 11th Oct 17, 1:19 PM
    we won't know unless you post the contract terms and conditions you signed as we cannot read them from here and your question is simply a contractual dispute
    • bris
    • By bris 11th Oct 17, 1:52 PM
    • 6,918 Posts
    • 5,945 Thanks
    bris
    • #3
    • 11th Oct 17, 1:52 PM
    • #3
    • 11th Oct 17, 1:52 PM
    As a business you should read what you are signing. If the contract states 3 months notice is required and you missed this deadline the yes you are in for another year.


    It's not a complicated term to understand, the contracts you sign are legal yes and there is nothing unusual about this one.
    • Comms69
    • By Comms69 11th Oct 17, 1:54 PM
    • 436 Posts
    • 303 Thanks
    Comms69
    • #4
    • 11th Oct 17, 1:54 PM
    • #4
    • 11th Oct 17, 1:54 PM
    Commercial contracts are not protected by consumer rights, therefore in the majority of cases what's on the paper is what applies.


    You are expected to carry out due diligence
    • rainio
    • By rainio 11th Oct 17, 4:15 PM
    • 38 Posts
    • 0 Thanks
    rainio
    • #5
    • 11th Oct 17, 4:15 PM
    • #5
    • 11th Oct 17, 4:15 PM
    I've attached the contract. T&C.
    https://www.dropbox.com/s/i8pwpnnjg46qq0s/11.pdf?dl=0

    Since we are to renew the contract as it is up and we need to ive 3 months notice, and I can't see anything in the T&C about length of contract, is there a legal reason why we cannot say we want a 3 month contract and give notice now?

    Thanks for your time.
    • martindow
    • By martindow 12th Oct 17, 10:58 AM
    • 7,190 Posts
    • 4,009 Thanks
    martindow
    • #6
    • 12th Oct 17, 10:58 AM
    • #6
    • 12th Oct 17, 10:58 AM
    On page 2 in section 4 it talks of an initial contract for a year that will be renewed annually unless one party wishes to terminate it. Three months notice before the renewal date is needed to do this.

    I'm afraid that I think they are right in their interpretation.
    • 00ec25
    • By 00ec25 12th Oct 17, 1:35 PM
    • 5,002 Posts
    • 4,350 Thanks
    00ec25
    • #7
    • 12th Oct 17, 1:35 PM
    • #7
    • 12th Oct 17, 1:35 PM
    as above, you have a contract which requires that you, the customer, give at least 3 months notice "effective at the end of the maintenance period"

    the maintenance period is clearly defined as being 1 year from the commencement of the contract and will renew automatically if not terminated

    you have a perfectly legal contract which you signed. If you now wish to dispute the terms of that contract you will need a decent contract lawyer and it will probably cost you a lot of money to be told that "effective" means what it says in the contract.

    You are too late to terminate the contract this year, give notice now and it will effectively stop next year's contract from renewing.

    Always make sure you understand commercial contracts before signing them!
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