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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11782
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I have been presented with a proposal for developing a website,

Resolved Question:

I have been presented with a proposal for developing a website, and I am concerned about the contract I am asked to sign. The salesperson who has drawn up the contract has told me both on the phone and in emails that she can accomplish every aspect of the work we have discussed at a given price. This company specializes in Yahoo stores, and a Yahoo representative I spoke with today said that they are a reliable company. I have had a good rapport with the salesperson who was thorough and efficient in answering my questions. My concern is that when she sent me the official proposal and contract, she omitted a great deal of the work that was to be included and which we had discussed and agreed upon and that the fine print of the contract seems to be one sided. In addition, some of the work to be done is put in unspecific terms.

In particular, there is a clause that states that either party can terminate the agreement, but the company can assess charges. ("This Agreement may be terminated by either party, with or without cause, by giving the other party written notice of its intent to terminate; provided, however, that termination of this Agreement shall not release Client of any accrued payment obligations hereunder.") If the company can not deliver what they promised, as well intentioned as they may be, I don't think it is fair that I would have to pay for the work they have done (it would be of no value to me, and I would not be receiving anything for what I have paid). It also says, "Company does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free." The contract states that it cannot be amended with another document. I would like to give this company a chance to build my website, but I would like the agreement to be a fair one. I have a very good impression of the salesperson, who seems to be honest and have integrity, and while the company may be taking precautions to protect themselves from unreasonable clients, and there will be no problems, I am uncomfortable signing this contract as it is. Any suggestions?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

HI, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

As honest and honorable as the saleswoman is, it is the company that will be developing your website and it is with the company with which you will be dealing. I agree with you that the contract is one-sided. If I had to list and describe all the pitfalls I see in this contract, just from what you have said here, I could fill several pages. The fact that the company may terminate the contract simply by giving you notice and without designating the number of days notice, and the fact that they can terminate without finishing the project, yet still hold you liable for payment for their time would cause me concern.

 

Basically, they can terminate without finishing the work, you would still have to pay them for work they have already done, but which is of no value to you. If I were in your position there would be two statements that would give me the greatest concern (besides all the other concerns) are that they do not warrant that the web pages will meet your requirements or that they will be error-free and that the contract cannot be amended.

 

"Company does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free."

 

 

They can hand over anything to you and if it is not according to your requirements, they are saying, in essence, "Too bad". They would not have to correct anything, they would not have to follow up with you, and it says nothing about technical support to help you maneuver through any problems.

 

If the contract cannot be amended and in its present form, does not include everything that you discussed with the salesperson, you would have no recourse later on.


Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11782
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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