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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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Experience:  Run my own successful business/contract law practice.
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I signed an agreement a little over a year ago for internet

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I signed an agreement a little over a year ago for internet and phone services for my office. The term was for 3 years. The internet service on the contract was for a 1.5 Mb Dynamic IP Port T-1. The service is supposed to run at 1.5 Mbps. For the last month we have had dismal internet speed of not even .5 Mbps. We only have 4 computers on at any one time using the internet and our phone system is also tied to this. Our employees cant use simple email programs like outlook and the phones major quality issues cutting on and off in the middle of a conversation. Basically my office cant run and since we do a lot of work on the internet it has disrupted out business seriously.

We have called and emailed their customer service over 20 times with no resolution. Every day we have been going on two different websites that show our internet speed and emailing them the screenshot of the results. They blamed our equipment so we had a company check out all of our equipment and its not that.

The contract mentions the following terms and conditions www.paetec.com/about-us/notice/terms-conditions.html

Per those terms on 6/28/13 I certified mail them a termination letter and gave them 30 days to remedy the situation per their terms and conditions. They received this and the internet speed has not changed.

From the reviews that we see online they are probably oversubscribed in our area and wont be able to do anything to get the speed to the amount agreed in the contract.

The question I have is after 30 days have elapsed and we have emails throughout that month showing that our internet speed did not change will I have enough to show that they breached the contract and I am not liable for the remaining 24 months?

Here is the link to the contract and I have already mentioned the link for the terms and conditions: https://www.dropbox.com/sh/azxtl4o0zrbiflk/vwdz1qo-Qb

Appreciate any feedback you can give me. Really need to move to another provider and phone system.
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please allow me to assist you with your concerns.

It appears that you have done everything you could by the proverbial book--you made sure to notify them timely and in good faith that there were issues, you provided with evidence, you performed internal checks, AND you sent them a letter demanding assurances that they will be able to comply and perform the contract as promised. Provided you keep the paper trail, this is a very legitimate way and reason to terminate the agreement. I do believe you have sufficient grounds to terminate, and also inform the provider that if they choose to pursue you in court for breach of contract, or claim that there is an outstanding balance, you will counter-claim for all your direct and foreseeable expenses that you incurred due to their breach, as well as for lost profits that you suffered by not being able to work while under their service plan.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 36938
Experience: Run my own successful business/contract law practice.
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