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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I signed an agreement with marketing company to promote my

Customer Question

I signed an agreement with marketing company to promote my online business. As per the contract I had to pay everymonth some money for there services as well as google pay per clicks. At the end of the first month I had to pay additional money to do more promotions outside the contract as per their request. At the middle of second month as there was zero traffic to my website I questioned about it. They came back to me saying that this website cannot be promoted as it is not up to the standard and they wanted to create a new website. When I signed the contract with them I did so to promote my online business using my website and I clearly stated that I did not need any other website.
Since they could not promote my website I asked them to release me from the contract and pay me the unused money in my google account. They came up with another contract that they will release me from the contract and will not pay me the unused money and also not to discuss anything against the company with anyone. I signed it as that is the only way I could avoid paying them for extra 4 months.
As this is not fair for any small business like me to pay money for services that I did not receive and for them to keep the money I paid for Google advertising and in addition to the loss of 2 month in my business, I complained to BBB. Now they are asking me to remove the BBB complain or they will take legal action to claim large sum of money from me. What is your advise in this.
Thank you
Jane
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately, by filing the BBB complaint, you very likely did violate the non-disclosure agreement that you signed when you entered into the release agreement.

While I understand that you have very good reasons for filing the complaint, the agreement that you entered into exchanged your right to complain publicly about their poor service with their right to collect for the remaining 4 months of the contract. (This means that each side is giving up something ("consideration") creating a legally enforceable contract).

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