Can I deny such auto-renewal aggreement (without consent or not known)?

cidfenmaria

Hope it's the correct forum.


I had a 12 months contract with a review company and it has just ended a few days ago. I was assuming this contract would not auto-renewed without my request or, at least it renewed on a rolling basis so that I could cancel it with a bit of notice if needed, (comment sense?). I was actually preparing to terminate this service sooner or later as it does not quite worth the price and we are out of budget.

However I just discovered that a new 12-month contract has been (and has to be) auto created because I didn't give 30 days termination notice and I was advised that it's part of the terms. I was shock and reminded that previous agreement (a digital pdf) doesn't actually specify this. After some digging I was eventually advised that a a sentence near the bottom of that pdf file is actually clickable! which pops up another lengthy online doc and the said term is in a particular paragraph!

I mentioned to customer service this term was neither in a prominent position of the agreement nor a usual term. imagine WTH would try to click a sentence in such agreement? Also this condition was never mentioned at any point in the past. Now they mention debt collector for non-payment due with my further query into this issue.

Can someone give me idea or similar experience? Do I stand any chance of fighting. I feel like I was trapped and robbed.

thanks

davidmcn

This sounds like a business rather than consumer contract - is it?

soolin

cidfenmaria wrote: »

Hope it's the correct forum.


I had a 12 months contract with a review company and it has just ended a few days ago. I was assuming this contract would not auto-renewed without my request or, at least it renewed on a rolling basis so that I could cancel it with a bit of notice if needed, (comment sense?). I was actually preparing to terminate this service sooner or later as it does not quite worth the price and we are out of budget.

However I just discovered that a new 12-month contract has been (and has to be) auto created because I didn't give 30 days termination notice and I was advised that it's part of the terms. I was shock and reminded that previous agreement (a digital pdf) doesn't actually specify this. After some digging I was eventually advised that a a sentence near the bottom of that pdf file is actually clickable! which pops up another lengthy online doc and the said term is in a particular paragraph!

I mentioned to customer service this term was neither in a prominent position of the agreement nor a usual term. imagine WTH would try to click a sentence in such agreement? Also this condition was never mentioned at any point in the past. Now they mention debt collector for non-payment due with my further query into this issue.

Can someone give me idea or similar experience? Do I stand any chance of fighting. I feel like I was trapped and robbed.

thanks

a business to business (B2B) contract relies on exactly what your contract or agreement states, if it states there was an auto renew - which is fairly standard anyway, then that is what you are bound to.

If you are running any sort of business then due diligence is important, never assume, never guess- always check out any terms and conditions.

The best I think you can hope for is a goodwill gesture with perhaps allowing an early cancellation of your current term, however, I would think it unlikely.

George_Michael

cidfenmaria wrote: »

I was assuming this contract would not auto-renewed without my request or, at least it renewed on a rolling basis so that I could cancel it with a bit of notice if needed,

But if it required your request then by its very definition it wouldn't be an auto-renewing contract.

[Deleted User]

What is the review company?

Manxman_in_exile

I can't see anything to suggest it's B2B(?).


Is it because OP says "...we are out of budget..."? I'm not sure it reads like English is their first language so perhaps they mean they can't afford it personally but it's not expressed very well.


Not sure it makes much difference either way, but if not B2B don't T&Cs need to be expressed in a permanent medium (or suchlike) and not a clickable link?

DoaM

If it IS a consumer contract then a consumer can only be bound to terms they've agreed and which have been presented to them in a durable medium. An email (or attachment thereof) is durable ... a link to a website is not.

If it's a B2B contract then consumer laws don't apply.

davidmcn

Manxman_in_exile wrote: »

I can't see anything to suggest it's B2B(?).

Is it because OP says "...we are out of budget..."?

That, and because I'm not sure why a consumer would be entering into a contract with a "review company"?

Manxman_in_exile

I'm not sure what a "review company" is. I take it you think it's a company which might be involved in reviewing the OP's products or a rival's products?


In which case I take your point.

davidmcn

Manxman_in_exile wrote: »

I'm not sure what a "review company" is.

The likes of Trustpilot.

cidfenmaria

Put it in the wrong forum but thanks for the response it's helpful