Cancelled a service -unenforceable T&Cs?

LadyC

Very, very long story ... but will try to cut it short. In the course of my self-employment I signed up to an online system, I was slightly swayed by lots of positive things I had read on an official, but supposedly unaffiliated, Facebook page. Since then I have discovered that the reason there is so much positivity on there is because all posts are vigorously censored with anything negative being removed swiftly. Very naive of me, maybe, but that’s the situation. I haven’t always been able to get great advice on this ‘support’ site and as such have joined other unaffiliated groups where the advice is a bit more useful, with other customers admitting when they are having similar issues and a generally more supportive atmosphere. All well and good. However, I have since found out that the service provider has introduced new T&Cs this week, one of which states:
Libel/Defamation
Should it be proven that you have made (or have threatened to make) libellous (written /printed public defamation) comments / posts about *** (the compay and the product name)*** brand and / or trademark, or belong to / are a member of / are a part of any internet based hate-related site / group / forum / blog where others are posting libellous statements or comments / posts about ***(the company andproduct name)***, brand and / or trademark, including but not limited to websites, Facebook, Twitter / other social media sites / blogs etc, we reserve the right to terminate and deny You access to Your Subscription Service with Indemnification

This is a brand new T&C, not a change to an old one – completely new since I subscribed.

Whilst this isn’t a problem for me and I have no intention of libelling/defaming anybody, they seem to have a problem with anybody saying anything bad about the service anywhere. Another user had some issues with the system and emailed them privately to ask if it was something he was doing wrong or something from their end. They told them it was his fault. He did some further investigation and found what he felt was possibly a bug in the coding of the system, went back to them and they refused to investigate, he posted on the support site asking if people to follow a series of tasks and see if they were having the same issue. His post was removed and he was blocked from the ‘official’ support group. Since then the relationship has gone downhill and he started a blog (nothing libellous, all backed up with hard evidence) and he has had his service taken away and denied access to all his and his customers’ data. The consequences of this happening to me would be catastrophic for my business and I have grown increasingly concerned about this issue due to being a member of alternative support groups, obviously it would be impossible for me to monitor every post in them to make sure that no-one else posted anything libellous so it’s ridiculous to introduce the Libel/Defamation clause surely?!!!


In the original T&Cs I signed up to there was a clause that stated:

Modification

***(product name)*** reserves the right to modify, discontinue or terminate the Subscription Service, or to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Agreement. By continuing to access or use the Subscription Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Subscription Service.


I have a slight (ok, massive) issue that no customers were informed of the change in terms and conditions they were posted on the company’s website but it would be very unlikely that an existing customer would be checking these regularly, but it was apparently a T&C I signed up to!
Anyway, the crux of the matter is, I have decided I do not agree with these new T&Cs and therefore emailed them to let them know that I wanted my service to cease right away. They have replied with ‘Hi Yes you may cancel, however, you will need to pay the final monthly payments on your account (as per our terms and conditions),
Hmm, I thought, that doesn’t seem right. Yes, I was tied into an initial 6 month period (I am 3 months in), but that was based on the old T&Cs which, as above is ‘If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Subscription Service’ Soooo, I thought, I’ll just double check the ‘Modification’ section in the new T&Cs....

This has now been updated to:

Modification

***(product name)*** reserves the right to modify, discontinue or terminate, amend, remove or vary the Subscription Service, any section of the Subscription Service, any Content on the Subscription Service, or any service offered on the Subscription Service at any time and
without notice, or to modify this Agreement, at any time and without prior notice. If we modify this Agreement, we will post the modification on the Site or provide you with notice
of the modification. We will also update the “Last Updated Date” at the top of this
Agreement. By continuing to access or use the Subscription Service after we have posted a
modification on the Site or have provided you with notice of a modification, you are
indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to You, Your only recourse is to cease using the Subscription Service. However, if you are still within your six (6) month contractual period you must make the remainder of your monthly payments in full before you can cancel your system and contract with us.

Surely the last bit .... However, if you are still within your six (6) month contractual period you must make the remainder of your monthly payments in full before you can cancel your system and contract with us.... is part of the new T&Cs? Which I have just said I don’t agree to?!!!

Please someone, help me out with where I stand based on the above?!!

gik

That's really hard to read. Can you try and distil it down to maybe half a dozen points?

wealdroam

I have not read all the detail of your very long post, but are you really saying "if the T&Cs change, am I bound by the new T&Cs"?

The short answer to that is no.

However, if there is a term in the T&Cs you agreed to which allows for the service provider to vary the T&Cs and if you don't object to the change within a specified time limit, then you can be deemed to have accepted the change.

Also, as this appears to be a business to business arrangement, then the cancellation terms are as stated in the contract you agreed to.

LadyC

Sorry, yes, was a tad long and yes essentially I am asking if I am bound by the new T&Cs. They changed on the 21st so I'm guessing cancelling today seems reasonable?

I was bound for 6 months but the modification clause says if they change the T&Cs and you don't agree to them, you can cease using the service.

By updating this and specifically mentioning the 6 month rule, they are highlighting that it didn't previously apply in the old T&Cs - only that I was bound for 6 months if the service and T&Cs were as I signed up for. Is that a fair deduction?

LadyC

Thanks for replies by the way

frugal_mike

Have you tried pointing out to them that paying the remaining months of your subscription is one of the new terms you don't agree to, and as such you are terminating the agreement immediately as per the contract you signed and will not be paying the remaining months?

But as mentioned, it does not sound like you have any consumer rights since you are acting in the course of a business. That doesn't mean they can hold you to terms you didn't agree to though.

LadyC

Yes, that's what I thought and had written to say as much, will await their response.

Re consumer rights - have I just posted in the wrong bit of the forum then? I'm still ok to argue the point with them about the change to T&Cs?!