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24 month contract with software provider

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  • #1

    24 month contract with software provider

    Hello there...

    I am a fledgling ltd estate agent business. Just started in March although the business started trading in September 2014 with a different director who resigned in March this year.

    The previous director signed a 24 month contract with a software provider. Naively I was sure he told me it was a pay monthly set up and i didn't check the finer details (lesson learnt there!) Anyway... I signed up with a different provider last month as the original software is too basic ie I didn't feel it was fit for purpose, terrible templates, they charge extra to create anything for you. Couldn't have brochure design I wanted. The diary was terrible.

    Consequently when I emailed to cancel they sent me a copy of the 6 page online signed agreement dated 19.12.14.

    Any help will be hugely appreciated.

    Thank you

    R
    Tags: None
  • #2
    Re: 24 month contract with software provider

    Was the contract between the software company and the previous director?

    Or was it between the software company and your ltd company?
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment

    • #3
      Re: 24 month contract with software provider

      The Ltd company

      Comment

      • #4
        Re: 24 month contract with software provider

        looks like the contract will be binding it would be to easy to get out of any contract if you find its not suitable with the excuse a former director took it on
        • 2 likes

        Comment

        • #5
          Re: 24 month contract with software provider

          Yep i agree with [MENTION=30456]wales01man[/MENTION] above - As the contract is between the software company and your ltd company, then you are legally bound to it. Though i would ask for a true copy of the originally signed agreement - Unless that's is what they have already given you!
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR
          • 1 thank

          Comment

          • #6
            Re: 24 month contract with software provider

            It was an online signed agreement that they sent me.

            Comment

            • #7
              Re: 24 month contract with software provider

              Probably legal and above board im sure estate agents well some no doubt use online agreements
              • 1 thank

              Comment

              • #8
                Re: 24 month contract with software provider

                Yes perfectly legal - Though also easy to fake. I would contact the original director and ask him/her if they recall such an agreement or signing it and if they have any original documentation about this!
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment

                • #9
                  Re: 24 month contract with software provider

                  Hi,

                  I have had a quick look at the contract/T&C...the only wording that might be relevant for minds better than mine (aka other members in here ) is when referring to 'the client' it's explicitly referring to the chap who took out the contract. It never refers to the business by name nor is the OP ever mentioned by name. When it speaks of 'you' in the contract its not implicit who they're referring to.

                  So from what I can see the only individual mentioned is 'The Client' and the end of the document defines 'The Client' as the previous director?

                  Comment

                  • #10
                    Re: 24 month contract with software provider

                    Originally posted by myotai View Post
                    Hi,

                    I have had a quick look at the contract/T&C...the only wording that might be relevant for minds better than mine (aka other members in here ) is when referring to 'the client' it's explicitly referring to the chap who took out the contract. It never refers to the business by name nor is the OP ever mentioned by name. When it speaks of 'you' in the contract its not implicit who they're referring to.

                    So from what I can see the only individual mentioned is 'The Client' and the end of the document defines 'The Client' as the previous director?
                    Are you able to scan a copy of the contract up and email it to me if i send you my email address by private message?

                    That way i can see precisely what it says etc and be able to tell you precisely if the contract is with your company or between them and the previous director!
                    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                    The Governess; 6th March 2012 GRRRRRR

                    Comment

                    • #11
                      Re: 24 month contract with software provider

                      Of course. I have the doc here ready to send. If you pm me I'll send it on for the OP...

                      Comment

                      • #12
                        Re: 24 month contract with software provider

                        Originally posted by myotai View Post
                        Of course. I have the doc here ready to send. If you pm me I'll send it on for the OP...
                        Or ... you can email them to me and I'll pass them on? kati@legalbeagles.info
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment

                        • #13
                          Re: 24 month contract with software provider

                          Thanks...I'll do both!
                          • 1 thank

                          Comment

                          • #14
                            Re: 24 month contract with software provider

                            I have had a look at it for you.

                            Under Section 2 (The Client) it clearly gives the company name and address and the previous directors name as contact name, which is merely whom they should contact when contacting your company, though clearly you are not the the person of contact.

                            The part you were referring to at the bottom of the contract is merely where the contract is signed for on the behalf of the client by the director, and likewise signed by customer relations officer on behalf of the software company.

                            So unfortunately the client is clearly your limited company. Though i shall have a through look through the whole contract to see if theres anyway out of it for you later on, possibly tomorrow. And am sure [MENTION=49370]Kati[/MENTION] will have a look through it too for you.
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

                            Comment

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