Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a contract with an SEO company for $1500 / month.

They are supposed to spend...
I have a contract with an SEO company for $1500 / month. They are supposed to spend $950 on paid advertising per month. They have not spent that amount in 2 months that I have hired them. They have not spent $1350 of my money so far and they have breached
the contract on other matters such as building a website for me as well as other tasks. I want to quit using this company, but am stuck in a 6-month contract with them. They are saying I can BUY OUT the contract for over $2000 and I can use the "unused" advertising
dollars to use toward the buyout. However, I am trying to stop the contract due to the fact that they have breached by non-performance that I can prove by their own emails. I can provide the contract for your review as well as my conversation with them.
Show More
Show Less
Ask Your Own Business Law Question
Customer reply replied 3 years ago
I would like to get my unused dollars back in the form of a check refund and sever ties with them due to non-performance.
Answered in 18 minutes by:
7/9/2015
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,428
Experience: 20 years of professional experience
Verified
Yes, the thing to do is here is to read the terms of the contract and verify that the terms have in fact been breached. Then, write a simple 30 day demand letter to set them up for a lawsuit where you can recover your legal fees if you have to sue them for not complying with the terms of your demand letter. Under Texas law, if they breached the contract these would be your remedies:http://www.vosslawfirm.com/blog/damages-and-remedies-available-in-texas-breach-of-contract-cases.cfm Here is the law that will give you the leverage I am talking about: http://codes.lp.findlaw.com/txstatutes/CP/2/C/38/38.001http://codes.lp.findlaw.com/txstatutes/CP/2/C/38/38.002 Please remember to assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off. If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place and still earn a positive rating from you. If you would rather obtain a refund of your deposit, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK". Thank you for using Just Answer.
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,428
Experience: 20 years of professional experience
Verified
Maverick and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 years ago
Also, I need you to know that the contracted company is in COLORADO. I am in Texas.HERE IS THE TEXT OF THE CONTRACT:
$1485This agreement (the “Service Agreement”) between you (the “Client” or “you”) and Madwire Media,
LLC (the “Company” and together with Client the “Parties” or each individually a “Party”) is effective
on the date of Client’s signature (the “Effective Date”), and is governed by the Company’s Terms of
Service located below and at marketing360.com/terms (the “Terms of Service”). The Terms of
Service are incorporated in full by this reference. The Service Agreement, together with the Terms of
Service, constitute the entire agreement between the Parties. The Company limits acceptance to this
Service Agreement and the Terms of Service, and objects to any other additional or different terms in
the Client’s acceptance.
Monthly Billing Commitment:
While most marketing agencies require a 12 month contract or longer, we only require a short 180
day commitment to our relationship. In agreeing to this Service Agreement, you hereby agree to a six
(6) month minimum commitment and authorize recurring monthly billing for such period (the “Initial
Term”). The first payment will be taken on the Effective Date, and you will be billed for subsequent
payments monthly. After the Initial Term, the term will be automatically renewed for successive one
(1) month periods, until terminated by either Party as provided in the Terms of Service.
Terms of Service:
Marketing 360® Terms of Service
None
Additional Annual Services
None
Last updated April 1, 2015.
Marketing 360® (“Marketing 360®,” “we” or “us”) provides a range of marketing products and services for businesses of all
sizes (the “Services”). Your Service Agreement (the “Service Agreement”) sets forth which Services are being purchased,
the Client purchasing the Services (the “Client”, “you” or “your” and together with Marketing 360® the “Parties” or
individually a “Party”), the costs for such Services, the minimum commitment and other relevant details. These Terms of
Services (the “Terms of Service”) are incorporated by reference into and made part of any Service Agreement submitted
to Marketing 360® and govern the relationship between you and Marketing 360®. These Terms of Service are effective on
the date the Service Agreement is signed (the “Effective Date”), and remain in effect until terminated as provided below.
The Service Agreement, the Terms of Service and the documents and/or links referenced in such documents are
collectively referred to as the “Agreement”. These Terms of Service may be reviewed at any time at
marketing360.com/terms.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCEPTING THESE TERMS YOU AGREE THAT YOU HAVE
READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHICH CONTAIN, AMONG
OTHER PROVISIONS, DISPUTE RESOLUTION PROVISIONS, A WAIVER OF CLASS-ACTION RIGHTS AND
LIMITATIONS OF LIABILITY. UNLESS OTHERWISE EXPRESSLY STATED, MARKETING 360® DISCLAIMS ANY
AND ALL WARRANTIES WHETHER PROVIDED BY THE COMPANY, ITS AFFILIATES, OR ITS RESPECTIVE
EMPLOYEES AND AGENTS.
The Service Agreement, together with these Terms of Service, constitute the entire agreement between the Parties.
Marketing 360® limits acceptance to the Service Agreement and the Terms of Service, and objects to any other
additional or different terms in the Client’s acceptance.
1. Marketing Services. Marketing 360® Services include, but are not limited to, the following products. Please check
your Service Agreement for the list of products and services included in your specific package:
· Marketing 360® Software Platform
· Top Placement Ads®
· Retargeting Ads®
· Social Targeting Ads™
· Natural Listing Ads®
· Local Listing Ads™
· My Click-to-Calls®
· UXi® Website Designs
· Custom Website Design/Development
· Website Hosting
· UXiCommerce™
· Marketing 360® Batchbook CRM
· SMS Marketing 360®
· Logo Design
· Social Media Management
· PR Marketing Campaigns
· Video and Photography Services
a. Client Services. Marketing 360® will provide the Services outlined in your Service Agreement governed by these
Terms of Service. You may add additional one-time or recurring products and services at any time during the life of this
Agreement. Unless the Parties agree otherwise in writing, any and all products and services added during the Term
shall be governed by this Agreement.
b. Marketing 360® Base Platform. The Marketing 360® base platform grants Client access to the Marketing 360®
software platform as well as access to a dedicated Marketing Executive, User Experience Intelligence® (UXi®), Natural
Listing Ads® (NLA®), Top Placement Ads®, Retargeting Ads™, Social Targeting Ads™, My Click-to-Calls® (up to 1
number included), On-Demand Marketing & Design Services™, the Conversion Inbox, the Top Rated Local®, National®
or eCommerce™ Program, UXi® Website Hosting for up to one website, the Local Listing Ads™ Program for up to one
local business, Analytics, Reporting and More. Ea
http://www.leagle.com/decision/19891564872F2d692_11426.xml/TEXAS%20NAT.%20BANK%20v.%20SANDIA%20MORTG.%20CORP.
So, first read the case above. It may be best to pay a lawyer $150.00 to send this demand letter on letterhead; but that does not appear to be a requirement. It may however get this resolved quicker but you will not be entitled to recover the $150 unless the demand is not complied with.
If you want to send one yourself:
http://thompsonhall.com/example-demand-letter-first-attempt-to-collect-a-debt/
Use the draft above as a go-by. But also add that if they fail to comply within 30 days they may also become liable for your attorney's fee under Tex. Civ. Prac. and Rem. Code Section 38.001 et. seq.
There may be some jurisdictional issues down the road since the company is in CO; but you still need to send the demand letter first.
Ask Your Own Business Law Question
Customer reply replied 3 years ago
My question remains to YOU: I have provided you with my email address. Can you review the contract and my claim as to what was not done and determine if I have a case?
Customer reply replied 3 years ago
Alison the sample demand letter is what the company would send ME. It doesn't make sense at all to me.
Customer reply replied 3 years ago
**ALSO ** not Alison
Customer reply replied 3 years ago
I am requesting a different expert to take on this matter. You have not been helpful.
Customer reply replied 3 years ago
I'm requesting a refund.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6,428
6,428 Satisfied Customers
Experience: 20 years of professional experience

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,002 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

678 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I am director and shareholder of a company with 3 other
Hi there,I am director and shareholder of a company with 3 other directors and shareholders. 2 of the director/shareholders want to resign from the company. What steps can we put in place to protect o… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have discovered a lot of issues with a web developer that
I have discovered a lot of issues with a web developer that I hired to brand and build my business. … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Iam an independent contractor selling internet marketing solutions
Iam an independent contractor selling internet marketing solutions to industrial cos. the company I signed a non compete agreement which limits me to sell to existing clients for 6 yrs which is reason… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I have a Canadian investor who want to invest in my LLC in
I have a Canadian investor who want to invest in my LLC in return for 25% of net profits untill his money is returned and then 10% of all future net profits. We want to be able to buy him out in the f… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Good Morning, I sold my company to a larger firm in June of
Good Morning, I sold my company to a larger firm in June of 2011. I remained with the company as the employing broker for the firm for 18 months. As part of the sales agreement I have a non-compete fo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could I tell you the current situation and copy & paste one
Could I tell you the current situation and copy & paste one small section of my contract and ask your opinion???… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,611 satisfied customers
Force Majeure. YP will not have any liability to Advertiser,
Force Majeure. YP will not have any liability to Advertiser, and Advertiser will remain responsible for all moneys owed to YP, if YP's performance of its obligations is delayed by the occurrence of: (… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We hired Main Street Hosting 2 yeras ago and paid them 2500.00
We hired Main Street Hosting 2 yeras ago and paid them 2500.00 and then again last year. We were at the top of google where we needed to be both years. We were at the top with the links they had place… read more
MShore Law
MShore Law
Attorney
Doctoral Degree
1,233 satisfied customers
I manufacture a product in Texas. I entered a contract with
I manufacture a product in Texas. I entered a contract with a company to supply them my product for $30,000.00. This was the third time I had supplied them. My ordering procedure is as follows: 1. Aft… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
Id like to have our company contract reviewed (1 page) and
I'd like to have our company contract reviewed (1 page) and make any changes as needed. Our business is a marketing agency based in Washington State and we represent clients throughout North America. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My dad and I own a lawn care business. We were contacted by
My dad and I own a lawn care business. We were contacted by AT&T advertising about starting an ad campaign with them. The agent that we were dealing with set us up with a plan that guaranteed 45 calls… read more
MShore Law
MShore Law
Attorney
Doctoral Degree
1,233 satisfied customers
Can I cancel an agreement that states All advertising orders
Can I cancel an agreement that states "All advertising orders are entered immediately and are not subject to cancellation" even if I am not satisfied with the product or service? I signed an advertise… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,423 satisfied customers
Hi need a simple business contract drawn and get some advice.
Hi need a simple business contract drawn and get some advice. What is the best option? I do not mind paying a reasonable fee.… read more
JS,JD
JS,JD
Principal
JD
70 satisfied customers
My business partner and I have been operating for 3 years and
My business partner and I have been operating for 3 years and I am ready to resign. We lease/franchise from another company, and operate our store under our company. We have no contract between the tw… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
778 satisfied customers
I recently sold my business 3 months ago in California. I
I recently sold my business 3 months ago in California. I signed a non compete for 3 years, stating I would not work for a competitor, or start my own business pertaining to anything my old business s… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I have a contract for $2000 per month to serve as a Senior
I have a contract for $2000 per month to serve as a Senior administrator - the contract has a cancellation clause that calls for the buyout of the remaining terms of the contract - the people I have t… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I am an SEO company and have helped a client get to the top
I am an SEO company and have helped a client get to the top of google for their industry. I have a verbal contract that has been acknowledged by the customer where it was stated that the customer woul… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,002 satisfied customers
I signed a contract with a firm in Florida to provide
I signed a contract with a firm in Florida to provide IT Consultancy services and the contract is valid till March 2009. In this contract there is a termination clause 5 which says either party can te… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x