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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I recently signed a 6-month contract with a multi-national

Customer Question

Hi, I recently signed a 6-month contract with a multi-national advertising company to advertise my business online. At the time when we discussed, I told the sale representative that I will renovate the shop and asked if I can actually sign the contract after the renovation. I was told that the advertiement could be put on hold during that period, so I agreed to sign it. I was also told that new photographs would be taken and used for my business as the business had changed the ownership, and a copy of the contract would be given to me. However, I was charged before any of these happened. I asked for a copy of the contract as well as the term and conditions but I only received a single page of the contract, and an invoice with no term and conditions. Moreover, when I asked about the detail on putting the account on hold as we discussed, I was told that the sale representative said that the topic was never mentioned and there must be some miscommunication. I am frustrated as we just start our business and it looked like we would lose quite a bit of money on this. I asked the company if I could then terminate the contract since I am not happy with the service I received and the answer I received was that they do not have termination policy even if I was willing to pay a cancellation fee. The company representative said that I have to pay the full amount regardless I want to keep or terminate the contract. Would there be a way to terminate the contract? I tried to negotiate with them but they only seek advantage on me, and up until now, I still haven't received a term and conditions, which I have asked from them for three times already. Please advice.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

If you are not happy with the terms and conditions and they have breached the agreement and not provided copies of the documents, then I suggest that you tell them that you want to cancel the contract for the breaches, and that you will go to the Disputes Tribunal to challenge any charges. If you were not told the terms and conditions and only given a single page, and an invoice with no terms, then they cannot say the other terms are binding on you. This is under the Fair Trading Act and would be misleading and deceptive conduct in the course of trade. So you should tell them that they have been misleading you, you want to terminate, and that if they try to sue you you will challenge this under the Fair Trading Act

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