Contracts
Subscription Agreement
New York
Can a subscription agreement be terminated before the agreed-upon term if the company fails to deliver the promised services?
I recently entered into a subscription agreement with a company for their monthly service, which was advertised as providing a specific set of services. However, since signing the agreement, I have encountered numerous issues with the company's performance, including frequent service outages and failure to deliver the promised services. I am now considering terminating the subscription agreement before the agreed-upon term, but I am unsure if I have legal grounds to do so based on the company's failure to fulfill their obligations under the agreement.
Answers from 1 Lawyer
Answer
Contracts
New York
Damien B.
ContractsCounsel verified
October 3, 2023
Hello! A material breach occurs when one party fails to perform an essential part of the contract, depriving the other party of its expected benefits. If the company’s failure to deliver the promised services meets this threshold, it could justify termination. If the company has demonstrably failed to uphold its obligations and this failure undermines the agreement's purpose, you may have legal grounds to terminate. If you need a consultation, just let me know.
People Also Asked
Small Claims
Subscription Agreement
California
Is it legal for a company to change the terms of a subscription agreement without prior notice?
I recently subscribed to an online service and agreed to their Subscription Agreement, which outlined the terms and conditions of the service. However, the company has now made significant changes to the agreement without providing any prior notice or seeking my consent. I am concerned about the legality of this action and whether I have any recourse to challenge the changes or terminate the agreement.
Dawn K.
I'm not sure if your subscription is for a consumer or a business product or service, because different rules can apply to each category of agreement. In the original agreement for subscriptions, there are often terms that state, "these terms are subject to change..." and then it will often tell you what the notice is. "Without notice, with 10 days notice, by mailing you the new agreement, etc" Not all agreements have this, but a lot of them do. When you agree to the subscription, (again is this consumer or business?) you agree to the terms. Whether the change in terms requires a particular notice can also be guided by the industry. Banking? Other highly regulated industries? Another consideration for notice could be, "what is the monetary value?" For a $10 sub with a generous cancellation policy there may not be a requirement for notice given. Without knowing the agreement, whether it is for a business or consumer and without knowing the value of the subscription, I have to use the words everyone dreads, "it depends." But, I hope this helps.
Read 1 attorney answer>Securities
Subscription Agreement
California
Is it possible to modify a Subscription Agreement after it has been signed?
I recently entered into a Subscription Agreement with a company to purchase shares in their business. However, since signing the agreement, I have come across some unexpected financial circumstances that may prevent me from fulfilling my obligations under the original terms. I am wondering if it is possible to modify the Subscription Agreement to accommodate these changes, or if I am legally bound to the original terms of the agreement.
Christopher N.
The short answer, as with all legal questions, is: it depends. You can certainly propose modify or be reased from your obligations, and depending on the company, your circumstances, your relationship, and their financial position, the company may be willing to entertain accomodations. It doesn't hurt to ask. Be prepared, however, for "penalties," which could mean the loss of your entire investment, significant reductions in the amount of your investment, etc. You may want to consider approaching other investors to see they would be willing to purchase some or all of your stake -- perhaps at a greater value than the company would offer. We highly recommend you consult with a business or securities attorney to be advise you the specifics of your agreement and explore exit or other strategies. Good luck!
Read 1 attorney answer>Contracts
Nondisclosure Agreement
New York
Is pricing protected under an NDA?
I am in a negotiation with a vendor and they are trying to get us to sign a mutual NDA because they want to protect their pricing.
Ramsey T.
The answer depends upon how you define protected or confidential information under your NDA. Even if pricing is included as protected information, often pricing becomes "excluded" from the NDA protection because the "pricing" has been made public to other third parties. You are often better protected by having a pricing methodology and ensuring that such is protected under the NDA.
Read 1 attorney answer>Contracts
Contract Agreement
New York
How to determine jurisdiction for lawsuit?
I have a promissory note written in Montana that was breached. I am in New York. I am the borrower and my aunt is the lender; I have since discovered she wrote the note with unfair terms. I need the note voided. What do I do? I can’t find an attorney anywhere to take my case.
Ramsey T.
Hi - what does the contract say? We are looking for the choice of law clause. If the contract provides for NY choice of law then fantastic! You hire an attorney in New York, send them a demand letter and file in a New York State Court - on the day after the expiration date for your letter. Once you get your judgment in New York, you hire a collections attorney in Montana to go collect your judgement (if they won't pay up - its amazing how much they are willing to pay when you get a local lawyer to put a lien on their house!) If the choice of law clause says Montana - you can (i) be certain and hire a lawyer in Montana and follow the same process or (ii) be aggressive, hire and file in New York, just to ensure that they have to hire a New York lawyer to get the case dismissed. The second situation would be if you think they would rather settle with you than pay someone in New York to get the case dismissed. There is a lot of strategy to consider - but the most important thing in any of this is to be decisive and move forward with a lawyer quickly once you decide on a course of action. I've seen clients who had stronger cases lose in the end because the other side was aggressive in Court and had their lawyer on a retainer immediately and filed before my client could finish "considering her options."
Read 3 attorney answers>Contracts
Consignment Agreement
New York
How to proofread a legal document?
I’m doing a consigning agreement on a piece of art work. I’m lending it back to the private seller for 6 months. I will have a 1 page document drafted by someone who does this often(not lawyer though). Just wanted a proofread by a professional such as yourself.
Jane C.
You can submit your request as a bid on the contracts counsel platform. My firm with many artists and art galleries.
Read 2 attorney answers>