Cancel Subscription - Business

Unhappy73

Hi,

We are a UK based business, we subscribed to a UK job board to source candidates. The contract is for 12 months, and commenced on 26/02/2019

For us, this systems is very poor and to be honest, not fit for our purpose - below is their terms, is there anyway we as a business can get out of this, given the contract only started yesterday?

2. Term and Termination. The term of this Agreement (the “Term”) will commence on the Agreement Start Date stated in the Sales Order (the “Start Date”), and (unless otherwise stated in the Sales Order) will expire upon the earlier of (i) one year from the Start Date or (ii) the end of the last period of the product(s) being purchased by Customer and, except as otherwise provided below, may not be terminated by either Customer or Company. Services which have commenced by the end of the Term will continue to be provided on the terms of this Agreement for the remainder of the applicable period. The Company may terminate this Agreement immediately on written notice if: (a) Customer institutes or consents to the institution of any proceeding under any bankruptcy or insolvency law or makes an assignment for the benefit of creditors; or applies for or consents to the appointment of any receiver, trustee, liquidator, administrator or similar officer for it or for all or any material part of its property; or any receiver, trustee, liquidator, administrator or similar officer is appointed; or any proceeding under any insolvency or bankruptcy law relating to Customer or to all or any material part of its property is instituted; or (b) The Company terminates any other agreement with Customer following Customer’s breach of that agreement. In either of these events, The Company will be entitled to accelerate all amounts due hereunder and to collect all costs and legal expenses incurred. Either party may immediately terminate this Agreement if the other party materially breaches this Agreement which breach is not cured within 10 days after receipt of written notice thereof

I have replaced the actual name of the provider of this service with "The Company"

We've signed up for a 12 month agreement, paying monthly £350 + VAT

We've spoken to them and raised our concerns and they've essentially said, there is nothing they can do and we have to run with this or pay the agreement up in full £4,200

I'd welcome anyones thoughts -

Thanks

waamo

If there is no cancellation clause you are stuffed. Read the entire contract you signed, there may be something about performance or break clauses.

davidmcn

Unhappy73 wrote: »

For us, this systems is very poor and to be honest, not fit for our purpose

To the extent that it constitutes a breach of contract? We don't know what the contract actually obliges them to do.

agrinnall

Get your solicitor to review the contract, if they can save you a large chunk of the contract cost it may be worth a couple of hundred quid for an hour of their time. This isn't a consumer issue.

bris

Are they delivering what you are paying them for, if not its a breach of contract.


If they are but you just don't think it's worth it for your purpose, then there is no breach and you have to pay.




Only a court can decide if the breach has occurred.

Unhappy73

Thank you all for your replies.

We have a 15 minute demonstration of their product, but until you use the tool in anger yourself, you can't really tell to what extent it is useful or not

So frustrating, I mean, you get 14 days to return a mobile phone if you don't like it and yet something like this, it appears we can't?

waamo

Unhappy73 wrote: »

Thank you all for your replies.

We have a 15 minute demonstration of their product, but until you use the tool in anger yourself, you can't really tell to what extent it is useful or not

So frustrating, I mean, you get 14 days to return a mobile phone if you don't like it and yet something like this, it appears we can't?

Not strictly correct. As a business you don't necessarily get 14 days for a mobile phone. Businesses get less protection in law as it is taken they are dealing on an equal footing. You are free to negotiate contracts as you see fit on a business to business transaction.

spadoosh

Unhappy73 wrote: »

Thank you all for your replies.

We have a 15 minute demonstration of their product, but until you use the tool in anger yourself, you can't really tell to what extent it is useful or not

So frustrating, I mean, you get 14 days to return a mobile phone if you don't like it and yet something like this, it appears we can't?

Consumer are protected a lot more than businesses. Its an expensive lesson most business owners make at some point.

You can be ballsy and demand that you are given a few weeks for new products to ensure they are suitable for you but theres every chance youll find yourself selecting from a much smaller set of suppliers. Suppose it depends on how much they need the work.

Things to be wary of with business contracts are no cancellation periods. Particularly long contracts. A big difference between consumer rights and the rights of business purchases.

[Deleted User]

Unhappy73 wrote: »

Thank you all for your replies.

We have a 15 minute demonstration of their product, but until you use the tool in anger yourself, you can't really tell to what extent it is useful or not

So frustrating, I mean, you get 14 days to return a mobile phone if you don't like it and yet something like this, it appears we can't?

So why on earth did you commit to a product you weren't sure about?