Is this contract legally binding?

amandaooo

To anyone who may be able to help. I approached a consultancy company for some advice - advertising a free website analysis. during the telephone conversation, the woman sent me an e-mail with this attachment. She also said she would call back in a few days but I have decided not to proceed because of the high charges. Many of the recommendations given I was planning to impliment anyway - but can I still do this without any repercussions as this was in the attachment she sent to me:

Terms of the proposal

The information contained in this document is strictly confidential and is provided on the understanding that it will be distributed to and used only by the employees of The Client referred to on the cover page for the sole purpose of evaluating XXXXXXXXXXXXXXXX proposal supplied herein.

The contents of this document may not be disclosed to any other party, including but not limited to The Client’s external web developers and designers, consultants or any organisation not wholly owned by The Client, without the express written agreement of XXXXXXXX. The Client undertakes to ensure that its employees are aware of and are bound by the provisions of these Terms.

This document is the copyrighted works of XXXXXXX and all creative concepts and intellectual property presented herein shall remain vested in and be the exclusive property of XXXXXXX

The Client agrees that upon the earlier of a decision being made not to proceed with the proposal herein or 30 days from the date of this document, this document and any copies or duplicates, including but not limited to those saved electronically to magnetic media or cached email for example in saved email, inbox or sent items folders or printed or otherwise distributed, shall be permanently destroyed.

By accepting this document The Client acknowledges that XXXXXX has, on a consultancy basis and in good faith, made analyses and recommendations for improving the rankings of the website(s) owned by The Client. XXXXXXXX normally charges for such consultancy services but from time to time agrees to provide such consultancy services free of charge in the event that The Client enters into a contract for the services proposed herein. Where such a contract is not agreed within 30 days of the date of this document, The Client may act upon the recommendations herein only in the event that the appropriate consultancy fee is paid to XXXXXXX. If The Client does not in any respect whatsoever act upon the advice presented herein there shall be no liability to XXXXXX for any such consultancy charge.

vetfred

It's a bit like getting a free quote for building work and on the quote they push a clause down your throat saying if you go on to implement the building work suggested without using them then you're liable to pay them since they suggested exactly what could be done.

Basically, they want to put themselves in a position where they can suggest so many things to implement eventually (many things Clients would be doing off their own back anyway), that they would, in effect, stop you doing anything unless you went on to pay them.

You can always seek professional advice but it looks like nonsense to me and a poor way to try get business.

Sooler

"By accepting this document" ... how can you decide whether you want to accpet the document or not before you can read the terms and conditions, or did you agree to accept the document during the phone conversation - and then were you aware of the terms and conditions before you decided to let them send you the document?

Lankystreak

unless they have your signature, nothing is legally binding as how could they prove n a court of law it was you?

charlie2517

Hi there,

Not sure if this will help much. Your question in your thread is "is the contract binding". My immediate view is that you have not entered into a contract. They have made a proposal, a tender for your business suggesting terms or services they would provide in return for payment.

The terms of which, be it for cost or the fact that they have recommended changes/improvements which you already knew of/where planning to do anyway mean that you do not wish to accept.

I read what some other replies have said and my thoughts differ slightly but arrive at the same conclusion - it is possible to enter into an oral agreement but it does not appear on what you say that you have even got that far. It would be difficult for them to satisfy the court to the balance of probabilities (the test a civil court uses to determine matters) that you had entered any contract be that an oral contract or written.

Not sure if my thoughts help. Some solicitors do offer a first consultation for free if you're worried perhaps you could try and find one of them. Personally I'd decline the contract, delete it all and carry on as you were always intending to do with your business decisions.

Best of luck!

amandaooo

Thanks to everyone for the info. (no I did not accept anything on phonecall it was sent to me on her volition). I thought it seemed a bit dodgy and I agree - not a good way to conduct a business.

sparky883

the whole Website optimisation (seo) stuff is a scam there is that many companys doing it all of them usuless the only way to get page 1 google rankings day in day out is Sponcered Listings where you pay google per generated click,
I have delt with loads of it people who say they can get on page 1 and maybe they can for a day or so by issueing press realises etc or spamming.
my advice for rankings is to have a good site and let it build up gradually over time you will achive rankings on your own,We are constanly on page 1 on google foe the keywords "drainage in Birmingham" you will then see Livewire Group this has took about 8 months so far.