Contract dispute - review and offer options on how to cancel agreement.
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Contract dispute - review and offer options on how to cancel agreement.
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Hello my company SSS started working with an external BDR agency. The agency began work in August and as part of the agreement we were provided a video creation service as part of the contract. When we told the company what we wanted in the video they told us they couldn't perform the work and offered a $100 discount on next month's invoice. This combined with other difficulties has led us to the point which we would like to terminate the agreement without continuing to pay the monthly fees.
Hello! Dolane here. I'm reviewing your issue in detail. I am going to read, review, and respond to each of your posts. Also, I'm NOT artificial intelligence. I'm a real person. (I get that a lot!) I'll be with you ASAP.
Ok thanks! Just a few more questions. 1. Did they suggest a reason why they were unable to complete the video services? 2. Also, how did they reach the conclusion that $100 was the value of this particular service?
They stated they don't have that capability and it's not what they normally do. I both recordings and emails stating that. I had a business partner on the call which suggested $100/mo for the remainder of the contract term but I stated this would not satisfy my request or the contract.
Got it! Have they provided their other promised services in the agreement like the pipeline setup? Also, have you paid the entire $4,000 already?
It's a reoccurring monthly service($4,000/mo). They've provided other parts of the agreement including other marketing materials but they're very poor quality. As of now we've paid $16,000 to them I'd like to cut my losses instead of continuing this out to $52,000
Understood! So you're just wondering what your rights are here, correct?
Correct
*Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long.
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. The contract states that this is pursuant to MO law. Under Missouri law, “[a] breach of contract action includes the following essential elements: (1) the existence and terms of a contract; (2) that plaintiff performed or tendered performance pursuant to the contract; (3) breach of the contract by the defendant; and (4) damages suffered by the plaintiff.” Keveney v. Mo. Military Acad., 304 S.W.3d 98, 104 (Mo.2010). So what does this mean? 1. The agreement specifically includes the creation of a video as part of the sales toolkit. The vendor admitted they could not deliver this service, which constitutes a clear failure to fulfill a key obligation under the contract. This failure directly violates the agreed scope of work, which forms a fundamental part of the contractual agreement. 2. Instead of fulfilling their obligation or providing an equivalent substitute, the vendor offered a nominal $100 discount, which does not reasonably compensate for the failure to provide a professional video service valued significantly higher. This insufficient remedy underscores their inability to fulfill their contractual responsibilities. These breaches collectively suggest the vendor failed to meet their obligations under the contract, justifying a potential termination or claim for damages by the client. You've already paid a lot of money which represents a substantial investment. So here is what you can do:
1. Decide whether you would like to continue with this agreement; 2. If you want to continue with the agreement, you need to demand an amount equivalent to the value of what you were NOT provided. This may require a bit of a guess, but you can suggest something like a $4,000 credit toward the next month or a $4,000 refund. 3. If you want a refund, then I would demand the refund minus the value of the work they've already done (e.g. you can ask for a $14,000 refund) and then also ask for confirmation the CONTRACT HAS BEEN TERMINATED. 3. I have a template breach of contract letter for sale for only $24.99 - https://www.contractscounsel.com/t/document-form-checkout/119. So you can send this in any way want. It can be text, email, certified mail, or in person. I usually send letters via email because it’s faster and cheaper.
Does that help clarify things? I want to make sure I didn’t leave anything out.
They state the the videos and marketing materials were complimentary. Does that effect the argument since they were still in the contract?
Also to avoid fighting with them could I just state that I'm not going to pay anything further and call it even between what I've paid and what they've done?
Hi ****! I'm very sorry for the delay. You could definitely state that you aren't going to pay anything further because the law allows you to suspend your performance if they are not providing the promised services here. As far as the services being complimentary, it does not affect it. It was INCLUDED as a part of your ongoing fee, so if they aren't providing something that's promised, it is a breach. Ideally, be sure to try to get a copy of a written contract termination on file with them that lays out that neither party is going to continue just to be safe.
Hey Dolan not a problem. Thank you for the information. If I'm paying via ACH is there a form I can send them to revoke my permission for them to continue drawing payments?
You're welcome! So there is no specific form per se; however, if you are paying by ACH, my recommendation is to either close that account or prevent any further charges until this is settled. Also, I'd recommend demanding that ANY WORK that they are current doing or have done be halted immediately so they can't claim they are doing extra work and then try to charge you for that.
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