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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i own a business selling hair extensions. Our company is web-based

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i own a business selling hair extensions. Our company is web-based primarily with one authorized retailer location. We entered an online agreement with a person who in lieu of us provided her with our products she had to agree (via email) of terms and a timeline. We wasn't looking for false feedback but she was required to install the hair take a photo that we could use for promotional pics on our website gallery, and gives us a shout out on Instagram. The lady approached us letting us knwo she had over 10K followers and that in exchange for our product she would put our name in her instagram and any other media device aka twitter as well as posting a x amount of photos with our products. My marketing team have reached out to her numerous times she has not responded and she has not complied with the agreed terms what as a business owner can I do legally?
Thank you for your question. Please permit me to assist you with your concerns.

These terms that you have listed--specifically instagram and marketing, was it listed anywhere in the agreement, or was this an oral assurance? If this was written, did it state anywhere that failure to market would permit you to charge the 'regular' rate or otherwise allow you to demand damages from her?
Customer: replied 3 years ago.

We didnt put anything like that in the email communications just had to her to agree.

Thank you for your follow-up, Terra.

The reason I ask is generally you cannot compel someone to give you a rating, whether positive or negative. Unless this was a contractual obligation that is directly attached to the price and the service you provided, providing advertising or marketing, or rating you is an option, that is, it is not a material condition of your service and your sale. You cannot use the courts to force her to rate you, or give you a boost to marketing. But next time if you are in a similar condition, you can most definitely consider adding a clause or a condition to the terms stating that the price the subsequent client obtained is contingent upon providing some manner of feedback, and if within a specific time after the sale the feedback is not left behind, the 'regular' price for the service would be charged, whatever that charge would be.

Hope that helps.

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