Ben has opted out. I will try to deal with this for you.
I started to deal with this on the other thread for you.
I said that it was unlikely that your termination clause was going to be enforceable because of the very narrow window where you could give notice.
However, having now seen the Terms and Conditions of Contract, clause 1 is ambiguous. It says that you can give 12 weeks notice but you can only do that within seven days of the renewal date. And that the notice must be at least 12 weeks.
However, it also says that the contract is for 12 months.
The contract isn’t for 12 months, it’s actually for 15 months less a few days.
If this would to become an argument in court it’s likely that the judge would use what is called “the blue pencil test” which is a legal philosophy where anything which is ambiguous or misleading or unreasonable is not put right, it gets a blue line through it and is struck out.
I don’t think you would be able to rely on clause.
In the absence of an enforceable termination clause, the contract would run on month by month basis until such time as reasonable notice was given. There is no definition of reasonable and depending on the length of time the contract has existed and the nature of the contract, it is likely to be between 1 and 3 months.
If you want to try to prevent the termination, and they go ahead regardless and simply stop paying you and don’t let you in to do the work, you would have to take them to court. If the court did not find clause 1 un-enforceable and strike it out, you would be able to claim your loss of profit from the time they stop paying you they terminated the contract until the time when they would have been able to terminate under the terms of the agreement.
I would be very wary of taking this to court because if you do go to court and you lose, for the reasons I mentioned, the same thing would apply to all the other contracts which you have and that might not be particularly attractive for you if the word got round.
I know it’s probably not the answer you wanted but nonetheless, does it answer the question?
Can I answer any specific points arising from this?
Please don’t forget to use the rating service to rate my answer positively. I’m happy to clarify any points arising.
PS I would suggest that you urgently revisited clause 1. I am happy to look at this for you and I will submit a premium services proposal in that respect.