About a year ago, I had transferred a non registered "Online Letter Writing Service" to a person from Denmark. I am from the US, and the document was only ever signed and sent to one another over the internet. There was not a notary involved, and the document had stated that the service would be terminated on my behalf once $250 had been deposited into my bank account. The person is claiming now that he is going to pursue legal charges through the Danish Legal System, and I had stated that through paypal, only $249.66 had ever been deposited into my account after his transfer taxes. I have since then continued my service, and refunded his money. He is trying to claim the $249.66 is not a refund, but a personal gift to him for his troubles. Does this stand any sort of ground since I had refunded the money, and there was not a notary present.
Here is the document in full:
Transfer of Sephirofl’s Unban Service documentation and trade secrets contract.Terms of Party Member 1:I, xxxx, relinquish all rights to my “Sephirofl’s Unban Service” and herby pass all mymaterials, returning clientele, and methods of conducting service as well as websites used on to ***** 2 (xxxxx ).Henceforth from the day the sum of $250 USD is deposited into the PayPal account of PartyMember 1 (xxxx) and the signed copy of documentation is received, Party Member 1(xxxx) will terminate their “Sephirofl’s Unban Service”.Once service is terminated by Party Member 1 (xxxx), there will also be no creation ofany service on, and/or relating to unbanning of any types of accounts.Party Member 1 (xxxx) will also provide answer to any questions Party Member 2(xxxx) has about information as a courtesy, not a necessity.Terms of Party Member 2:I, “xxxxx”, promise to uphold my end of this contract by paying theagreed amount of $250 USD to xxxx to purchase any and all of his “Sephirofl’s UnbanService” materials. I, Party Member 2 (xxxx), fully acknowledge thisdeal to be solidified and irreversible on the terms that Party Member 1 (xxxx) providesall the information listed to Party Member 2 (xxxxx)
I, Party Member 2 (xxxx), understand that the information will be mineto do with as I please and if any questions arrive I have the ability to ask Party Member 1 (xxxx ) to fulfill my queries. I further go on to understand the questions I ask him are beinganswered out of a courtesy to me and he is not required to do so.Upon signing of this documentation I solidify my knowledge of the listed terms of Party Member1 (xxxx) and Party Member 2 (). I agree fully to upholdthese terms and understand that this transaction is finalized and cannot be reversed.Party Member 1 (xxxx): ______________________________________ Date: ______Party Member 2 (xxxxx): _______________________ Date: ______
Below is the Paypal amount I had received.
I had added a few more details above.
1. The person is from Denmark, and had purchased my "Online Writing Service" that I had utilized on a forums. The contract stated " that I would terminate my service, and would not create a new one after I had given him know templates, knowledge, and customer list.
2. This document was signed, and taken a picture of and emailed to the person. He then signed the digital copy, took a picture, and returned it to me.
3. In paypal, he had sent three payments: $248.90, $0.10, and $1.00 (Which had taxes removed, and went down to $0.66) So technically, after the taxes had been taken out, I had only received $249.66, as seen here. http://oi44.tinypic.com/20nl74.jpg
And also, just to make clear this was not a registered or incorporated business of any kind. It was merely refereed to as a business from the service that had been offered. The entirety of the business took place on an online forums.
he had ceased communication with me for quite a while.. this transfer was done last April, & I only read started the business a month ago when I had realized the full amount had not been paid.. when he fnally contacted me I informed him that he had not paid the full amount and I was going to refuLnd him the amount he did pay.
and based on the contract listed above, is that legally binding towards me as well since I have not received the full amount? I had not had a notary recognize my signing of the document, and it is all digital copies.. not an actual handwritten copy
in a Skype conversation I had with the person they made a statement where they would take this to the forums rather than the legal system because he did not want to go that far if I would refund the money once I had refunded him the money he then claimed it was a gift and that the contract was still bindingand that he would still be pursuing a legal dispute
in the contract it states once I received the $250 mount, this contract would be irreversible, but since I had not receive that money and I have now refunded him.. am I able to relinquish my terms to the contract. I no longer wish to sell the service and I don't want for him to try and submit me the full amount now and claim the contract is still valid
I just have one final question. can I just email that to him, or does it need to be a written document that is signed by me?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).