They are not
entitled to charge you a cancellation fee but they are entitled to sue you for
their loss if you contracted to deal with them for 12 months and now you are
deciding not to do that.
If they decide to
take you to court, you have a defence firstly because they have not provided
the service that they contracted to do (and as a result, you may have suffered
loss yourself) and secondly, if you cancel, they are not entitled to the full
contract value because they have not done the work.
The difficulty is
that I have seen these kind of court claims go both ways where the judge has
awarded the full contract value and others where he is only awarded the loss of
profit. Whether it was Small Claims Court or not would depend on how much they
decided to issue proceedings against your company for. If it was over £5000, it
would not be Small Claims Court and if you lost, they would get costs awarded
against you but, as you said, it would send your company down and they would
You have a
possible counterclaim if you can prove that they have not actually done any
work in the last five months and as a result of that, you are the lost headway
In that respect,
you might want to get another SEO company to look at this for you to see
whether they can ascertain whether any work has been done or not. Armed with
that information you can tell them what they have done or what they have not
done and that you will defend any action they bring on the basis of the information
that you have gleaned.
We are not
allowed to recommend companies on here and you may find a company local to you
although I do know people who have used this guy http://www.flame-media.co.uk/ who is a one-man band with few overheads and
therefore does give exceptional value for money. I do know that he will look at
your website for you free of charge and put a proposal. He will also tell you
what has been happening historically which will assist you. Email is the best
contact medium because he is all over the place although I can tell you that he
does work late.
Once you have
some information with regard to what the existing company has done or has not
done you are in a better position to go back to them with regard to your cancellation
Does that answer
the question.? Can I assist any further?
I am happy to
follow up any individual point you make
I am online and
off-line each day and most weekends.
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.