termination of contract

[woodelf]

What is the name of your state? TN

I have been unhappy with my billing service and thus have chosen to allow my contract with it to expire rather than renew (renewal is on an annual basis). My contract indicates that the billing service has the option to finalize services with me by one of two methods-- essentially 1) continue collecting for four months for ongoing regular following expiration or 2) cease all activity at the time of contract expiration in exchange for a one-time closeout fee. The billing service appears to want the first option, I hate the billing service, want out, and would rather adhere to the second option. But the language of the contract does read that the billing service has the option to finalize by either of the two methods. In contract law/contract interpretation generally, would an agreement like this be read strictly as the billing service has all the power here and the client has no input regarding utilization of option one or two? Or would it be reasonable to assume that I could request which option to utilize and the billing service ought to honor that request as long as terms are met? I'd really rather just pay these folks and get out. Thanks for any assist.

 

[hexeliebe]

Neither party to a contract is allowed the contract terms after it is signed. Unless you can prove the billing company defaulted on any other part of the contract it's up to them which option they exercise.

 

[woodelf]

The billing company has engaged in some pretty egregious behavior which should be considered being in default, legally--but proving it would mean undertaking a fight, and there's never a guarantee. It might not be worth getting into a legal scrap over it. (Actually, since my practice is dying, they'd probably make more money with option #2 than #1.) The accurate answer isn't always the preferred answer; thanks for your help, hexeliebe.