Anyone good with contracts

johnrs

Hi

Is there anyone that is good with contacts. This is relating to you a YouTube Channel and I have just partnered with BBTV (TGN) and in getting caught up in the moment didn't notice that it was a 2 year contract. I assumed there might be a "cooling off period" but they have told me there isn't. But not happy just to take there word for it and I wast sure where else to post. Hope someone can offer some advice.

Sorry if this is in the wrong section and thanks in advance
John

This is my contract which relates to the term

10.Term and Termination. (A) Subject to Section 10(B), the term of this Agreement will begin on the Effective Date for an initial term of two (2) years; and this Agreement will automatically renew at the end of the initial two-year term for a subsequent two-year term, and for subsequent consecutive two-year terms thereafter, with each subsequent period to automatically renew at the end of the two-year term then in effect, unless terminated on written notice given by either party not less than 30 days prior to the expiration of the then current two- year term. "Term" shall mean the initial term and any and all renewal terms.
(B) BBTV shall have the right to terminate this Agreement during the Term: (i) upon a material default or breach by Provider of any of its obligations under this Agreement,
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unless within thirty (30) days after written notice of such default, the Provider remedies such default to the satisfaction of BBTV; or (ii) immediately upon notice, if the Provider becomes insolvent or seeks protection under any bankruptcy, receivership, creditor's arrangement, or comparable proceeding; (iii) immediately upon notice if all Provider Content is withdrawn, and Provider is unable to provide alternative Titles acceptable to BBTV; (iv) upon 30 days' written notice, for any reason; or (iv) immediately upon notice if any infringement of copyright claim, demand, proceeding or action is taken or threatened against BBTV or any of its Affiliates in respect of any Provider Content or Claimed Video. Termination of this Agreement by BBTV shall be in addition to, and not in lieu of, any other right or remedy BBTV may have in respect of the reason for termination.
(C) BBTV reserves the right to immediately withdraw or limit Provider Channels and any Title from promotion, download, display or distribution on the Network upon a material default or breach by Provider of any of its obligations under this Agreement.
(D) Upon termination of this agreement, all Titles, Provider Channels and Claimed Video under BBTV’s CMS shall be released. It shall be the responsibility of Provider to ensure that such releases are effected, and BBTV shall not be liable to Provider for any delay in effecting any release

johnrs

I have seen this on Which. Could this apply to me ?

B]To use for purchases made on or after 13 June 2014[/B
I recently entered into a contract B]add details[/B on B]date[/B B]over the telephone/ online[/B.
In accordance with my rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I would like to cancel the contract.
I require written confirmation from you that the contract has indeed been cancelled and that no payment will be claimed by you.

Yours faithfully,
B]Your name[/B

geordie_joe

What are you buying from them?

Which country are they in and which country's law applies to the contract?

johnrs

Hi

Thanks for replying

This is on YouTube. I create videos reviews. I was looking to partner with a gaming network and the one I joined is called TGN and they are based in Canada. I did see the part about a 2 year lock in

Hope this is enough information

geordie_joe

I still don't understand, are you buying something from them and they are making you continue to buy for 2 years?

If you are not buying something from them, goods or services, then you are not a consumer. Not that it matters, Canadian law will probably apply to the contract anyway.

What will happen if you just stop paying them, or doing whatever it is you are doing for them?

ms_night_ryder

no joe lol, he is supplying a service to them! he is not buying anything.

geordie_joe

ms_night_ryder wrote: »

no joe lol, he is supplying a service to them! he is not buying anything.

He may be paying in some way. An annual membership fee, an admin fee. He may have to buy or rent advertising space so his reviews generate an income. He may even have to buy the games he reviews.

The contract may say that he has to buy at least 1 game per month and review it, in return they will feature it on youtube and give him a share of the advertising revenue.

He obviously thinks he will lose something if he does not get out of the contract. And he was looking at consumer contracts and didn't mention a cancellation fee.

Then, looking at it from the other side, what does the company gain by holding him to the two year contract? And why do they automatically renew it after two years? After all, his reviews may be rubbish and not make money, yet the contract says they will keep renewing it automatically. So they must be getting something out of it.

It's just a shame getting the info from him is like pulling teeth

Bonzowaite

1.You are not a consumer if you are entering into the contract as part of your business activities (as appears to be the case)

2. You have not posted any term that provides a cooling-off period.

3. Is there a penalty clause to state what occurs if you breach the contract?

4. There will probably be a "jurisdiction clause" in the contract stating which national laws apply to the contract - this is obviously a fundamentally important piece of information for anyone trying to offer you legal advice.

5. Why are you unhappy with the 2 year clause?

6. Have you asked the company to release you from your contractual obligations? They may not want to continue to work with someone that is unhappy.