ISP contract

[jimjamjimmy]

I teach computer basics to seniors in Las Vegas, NV. A client of mine ordered a computer system by phone after seeing an ad in the monthly magazine put out by AARP. The ad said "Free computer" if you sign up for their Senior Explorer internet service for 36 months at 29.95/month. When I arrived for our first session I was shocked to see the ISP was really WorldSpy.com, a free one that ceased business last month (I actually had it as a backup to my pay ISP).

Senior Explorer, the "ISP" that ran the ad is in California. The computers are shipped from another company in Alabama. When called, Senior Explorer confirmed they were using WorldSpy and were looking for another ISP. The total payments would amount to $1,078 but the computer is worth no more than $500. Ny client called Senior Explorer to get out of the deal and was reminded that she had a contract. The keyboard was faulty, so she paid return postage with insurance to send it back. She wrote "COD" on it and the computer company refused to accept it.

She has now shipped the entire system back and is worried they will not accept it. She also wrote Senior Explorer, declaring the contract null and void because of their failure to perform. She's worried sick about Senior Explorer taking action against her. Please advise.

[JETX]

Your post provides a lot of details that don't appear to be relevent to the contract and seem to just confuse things.

As I understand it, the situation breaks down to a very simple issue:
Your 'client' agreed to pay $29.95 per month for internet service.

The issues of a 'free computer', the condition of the computer, even the internet provider (Worldspy) are not related to the specific agreement to provide 36 months of internet service for $29.95 per month.

Now with that contract issue narrowed, the following items need to be considered with the service contract:
1) Does the contract specify what service (brand, etc.) will be provided? If it specifically says worldspy.net, you can probably void the contract. If not, your 'client' gets whatever comparable service they provide.
2) Does the contract discuss the issue of service cancellation or outage and the resultant remedies to the contract. If so, use them. If not, you are probably stuck. Also, on this subject, you need to give the contractor sufficient time to respond to the outage issue (I suggest 7 days). If not resolved, again you probably have an out.

3) Does the ISP contract mention the provided computer?? If so, then what does it say (if anything) about defective or damaged components and their cost of return?

4) And finally, how are the $29.95 monthly payments being handled? By credit card (contact the issuer and dispute the charges) or by account draw (contact the bank and stop the draw authorization).

As you can see, there are a lot of issues here that need to be considered before you can feel 'comfortable' (or successful) in rescinding a contract.

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Steve Halket
Judgment Recovery of Houston
JRS.Houston@excite.com
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!