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.
Answers from 1 Lawyer
Answer
Small Claims
California
Dawn K.
ContractsCounsel verified
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.
People Also Asked
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
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.
Damien B.
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.
Read 1 attorney answer>Small Claims
Severance Agreement
District of Columbia
I have a small claim case in DC. May 26 2022. it started Feb. 7 2022. I was asked to return with a lawer.. can you do Pro Bono.
car damage on the roadway in DC. I have pictures, estimate. I have enough to prove the company was negligent. I asked for the transpcript for Feb. 7, 2022. the lawer can have a better view of the case.
Jane C.
You can represent yourself. It is best to hire an attorney.
Read 1 attorney answer>Startup
Terms Sheet
California
What are the most important things to look at in a term sheet?
I am expecting to get a few term sheets from investors in the next month. I want to know what I should be looking for.
Ramsey T.
Every term in a term sheet, by definition is important. A term sheet is a summary of the most important parts of a "deal" - a way of getting to and negotiating the hear of the deal before filling in the gaps with boilerplate. Therefore, you should make sure that you understand all of what has been proposed and negotiated in the term sheet - even the provision that don't seem that important - because they wouldn't be in the term sheet if they weren't a key term to one side or the other.
Read 1 attorney answer>Business
Master Services Agreement
California
What are the baseline terms I need in my MSA?
I am working on putting together a larger agreement that can cover everything that I do. I am a Digital Marketing agency and there are a lot of services we provide - Google Ads, SEO, backlinking, content writing, etc. I want to know what should go in my MSA.
Donya G.
Some of the baseline terms will be 1) services offered 2) time of delivery of the services 3) amount to be paid for the services 4) the responsibilities of the parties 5) what happens if the parties do not agree. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.
Read 1 attorney answer>