Recent Answers to Subscription Agreement Law Questions
Is it possible to modify a Subscription Agreement after it has been signed?
Securities
Subscription Agreement
California
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!
Is it legal for a company to change the terms of a subscription agreement without prior notice?
Small Claims
Subscription Agreement
California
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.
Can a subscription agreement be terminated before the agreed-upon term if the company fails to deliver the promised services?
Contracts
Subscription Agreement
New York
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.