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Charging for services not rendered and additional advertising costs?

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longlam

Junior Member
What is the name of your state?
CA

Hello. We have a recent client that be some fault of our own, the system did not process the payment correctly and we were unable to provide the service at the time period requested. No where on the site, do we guarentee that we will do it within the specified time, we only say we will try and we give you back your money if you are not satisfied. Since they were not satisfied, we refunded them entirely.

Now they say they will take us to court because they scheduled an advertising campaign worth $xxxx for the same time, and since we didn't do the service the advertisint campaing was not successful. Is it possible for them to sue us for something like this?

Thanks in advance!
 


Zigner

Senior Member, Non-Attorney
Is it possible for them to sue us for something like this?
Yes - anyone can sue anyone at any time for any reason.
The real question is: Will they be successful? The answer to that lies in the details of your actual contract with the people. If you are clear in the contract that you will only be responsible up to the amount that they paid for the services and nothing further, no matter what the cause, then you're probably ok.
 

longlam

Junior Member
What happens if there was no actual verbal or signed contract other than the process of him paying on the website? What are we held accountable for?
 

Zigner

Senior Member, Non-Attorney
What happens if there was no actual verbal or signed contract other than the process of him paying on the website? What are we held accountable for?
You sell some sort of advertising with no agreement whatsoever???
 

longlam

Junior Member
No we actually don't do advertising. We produce content for websites. He was running a campaign during the time that he needed the content but we did not produce it for him. All he did was check out of our site using our online cart to purchase the amount of content to produce. There was never an agreement signed or verbally agreed to, to finish within that time.
 

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