Website advertising

arcon5

texranger wrote: »

what happens with monthly subscriptions is the same as hosting TOS. each time you make a monthly payment you are accepting the TOS at that time, which is deemed a new contract.

Hosting contracts are rolling contracts and each month you are not agreeing to a new contract, you are continuing on your current contract for the next period (in this example, one month)... otherwise hosting services with setup fees would be incurred every month.

But if you agree to a minimum service then you are bound by that.

texranger wrote: »

you dont need to accept their new TOS, speak to consumer direct and they will help you with what to do

Some consumer contracts allow you to exit them if material changes are made. For example, if your energy supplier increase prices they usually stipulate you can exit the contract within 14 days of receiving notification.

However, this change is immaterial and unlikely to be deemed unfair. Op may be able to reject the changes and continue as they did previously -- but they might not -- it all depends on what is in the contract..... remember, B2B agreements can contract out standard rights.

arcon5

pmlindyloo wrote: »

I understand this but what happens if you don't accept the new T & Cs? Surely this wouldn't apply if the new T & Cs were outrageous?

You would have rights under Unfair Terms Act.

Most terms & conditions state they can make changes to the agreement without prejudice. So doubling the price for example with no knowledge of increases would be deemed unfair.

And if you don't pay you are saying you don't accept the new conditions? What happens then to your old contract?

There is no old and new contract, simply modifications to your existing agreement. If you reject them because you consider them unfair then it isn't a get out of jail free card -- you would likely remain on the same agreement on existing terms.
If they went to court because for example you stopped paying as you wouldn't pay by card, a judge would likely award them the price as per your contract rather than invalidate the whole contract.

It's all soooo wrong!

Whats wrong exactly?

(filling space)

arcon5

pmlindyloo wrote: »

Just discussing this with my husband.

What would happen if the terms of the contract were changed so that instead of paying £30 per month it was changed to £300 per month. Surely this wouldn't be 'right'?

I suppose what I'm trying to say is, is there some point of law which says that changes in T&Cs must be 'reasonable'?

Unless there was provisions for price increases then it would be considered an 'unfair term'.

Any thoughts?

ps Crossed posts with texranger. Thank you so much - will ring them on Monday.

Your unlikely to get out of your contract based on something so minor. But telephone them and explain you do not wish to pay by card and see what they so. I imagine they will simply accept this and let you continue.

bod1467

IMHO the reason they want CC payment is so it is setup as a CPA - continuous payment authority. In this case only THEY can cancel the authority; YOU lose a great deal of control.

(I stand to be corrected - and I'm sure there's somebody more than willing to do so. )

palaran

Erm, if it has generated no leads and is often down, why do you want to waste your money at all?

arcon5

bod1467 wrote: »

IMHO the reason they want CC payment is so it is setup as a CPA - continuous payment authority. In this case only THEY can cancel the authority; YOU lose a great deal of control.

(I stand to be corrected - and I'm sure there's somebody more than willing to do so. )

I agree completely.

Especially if their service is crap, much better way of managing debtors and avoiding having to make threats of court.

arcon5

palaran wrote: »

Erm, if it has generated no leads and is often down, why do you want to waste your money at all?

I doubt the contract will be performance related in anyway tbh.

More like 'your text ad in this category for 12 months', which they will have done.

The fact you have generated no leads MAY be an argument for misselling ---- IF you can prove what they promised you verbally and can prove no leads was generated ---- more chance of walking on water!

Nobody wants to waste money, but op (as crap as it is) has agreed to use their services at a cost and liable for payment. An expensive lesson now learnt: salesmen will tell you anything to get your business. They will never put their promises or stats on paper, for this exact reason.

bod1467

pmlindyloo wrote: »

Fortunately there isn't an automatic renewal written into the contract - just one month's notice in writing no later than 1 month prior to the end of the agreement

Typo? Did you mean earlier? If yes then I'd be tempted to give notice now.

antrobus

pmlindyloo wrote: »

I hope someone might have some knowledge about this.

My husband has been paying monthly by SO to have his will writing business advertised on a website to generate leads.

He has received a letter saying that paying by SO is no longer acceptable and his credit card details are needed.

Dear Sir or Madam,

I'm afraid I do not have a business credit card, and therefore am obliged to reject your proposed new terms and conditions.

Yours faithfully

OP is after all advertising a will writing business, and there are plenty of good reasons why you shouldn't use a personal credit card to pay a business expense ...

bod1467 wrote: »

IMHO the reason they want CC payment is so it is setup as a CPA - continuous payment authority. In this case only THEY can cancel the authority; YOU lose a great deal of control.

... and that's a good one.

RadoJo

Could you not just tell them that you don't have a credit card and ask if you can continue your current arrangement until the end of the contract?

ETA - Great minds, Antrobus...