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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6423
Experience:  20 years of professional experience
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I have a contract with an SEO company for $1500 / month.

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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.
Customer: replied 2 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.
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 and 4 other Business Law Specialists are ready to help you
Customer: replied 2 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.
Customer: replied 2 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: replied 2 years ago.
Alison the sample demand letter is what the company would send ME. It doesn't make sense at all to me.
Customer: replied 2 years ago.
**ALSO ** not Alison
Customer: replied 2 years ago.
I am requesting a different expert to take on this matter. You have not been helpful.
Customer: replied 2 years ago.
I'm requesting a refund.