Non refundable client fee, but no service either

[amo1977]

Nebraska

Well, long story 13 months ago I decided to pay a "professional match maker" $3995 for 6 matches. The "contract" is kinda vague, but over a years time (which isn't stated in the contract but thats what she said) they would match me with 6 other clients. Along with the duration of 12 months, it includes 12 months of hold. So basically, 3 months in if I matched up with a client and we didn't want any more referrals we could go on hold for up to 12 months. If we broke up within the 12 months of hold, they would start to send more referrals. I could go on hold as long as I had hold time left. In the contract there is a line that states their client fee is non refundable. It also says I can't sue them. Any disagreements with this contract will be settled through arbitration. They will split the costs of filling an arbitration, and if they are successful, I have to pay their legal fees. If I have an issue (with a referral Im assuming) I need to contact them. Then they have a resolution team to resolve the complaint to my satisfaction.

Well, as to this point other than not checking my email every month I haven't violated any of my obligations. I drove 4 hrs to their nearest office in Lincoln on August 29, 2017 cause they had to meet me face to face, and sign contract if they accepted me as a potential client. Which was fine except the distance. They did a backgroud check on me and I got my first email on September 5. Corisponded via email twice since I asked them a question. I got a call from the match maker once to see if Id meet a couple of people. I said Id meet the one, but the other didn't want to meet. During that conversation she realized another canidate and was going to inquire about her interests. Then I got an email on October 20 that "I wasn't forgotten".

Here's the question I have. I payed a non refundable client fee for 6 (this is printed in the service agreement) matches over a period of a year. My gut told me no, basically due to the distance that Id be diffucult to match with someone. I had the glass half full mentality. She assured me that it might take time, but could be done. I feel that the contract period (even though nothing is printed on the contract) is up. They didn't come even close to filling their end of the contract for fee paid. As an average consumer, when I read the service agreement.....doesn't really say its a "contract"....about the only thing I can do is ask them to refund my money. I really doubt that Ill get anything back unless I go to arbitration. Even then I don't think I got a chance and would have to pay their legal fees on top. So looking for some legal wording to put in my email (or other advice) in a one ditch chance to get my money (or some of it) back.

Thanks for any advice

 

[Shadowbunny]

Nebraska

Well, long story 13 months ago I decided to pay a "professional match maker" $3995 for 6 matches. The "contract" is kinda vague, but over a years time (which isn't stated in the contract but thats what she said) they would match me with 6 other clients. Along with the duration of 12 months, it includes 12 months of hold. So basically, 3 months in if I matched up with a client and we didn't want any more referrals we could go on hold for up to 12 months. If we broke up within the 12 months of hold, they would start to send more referrals. I could go on hold as long as I had hold time left. In the contract there is a line that states their client fee is non refundable. It also says I can't sue them. Any disagreements with this contract will be settled through arbitration. They will split the costs of filling an arbitration, and if they are successful, I have to pay their legal fees. If I have an issue (with a referral Im assuming) I need to contact them. Then they have a resolution team to resolve the complaint to my satisfaction.

Well, as to this point other than not checking my email every month I haven't violated any of my obligations. I drove 4 hrs to their nearest office in Lincoln on August 29, 2017 cause they had to meet me face to face, and sign contract if they accepted me as a potential client. Which was fine except the distance. They did a backgroud check on me and I got my first email on September 5. Corisponded via email twice since I asked them a question. I got a call from the match maker once to see if Id meet a couple of people. I said Id meet the one, but the other didn't want to meet. During that conversation she realized another canidate and was going to inquire about her interests. Then I got an email on October 20 that "I wasn't forgotten".

Here's the question I have. I payed a non refundable client fee for 6 (this is printed in the service agreement) matches over a period of a year. My gut told me no, basically due to the distance that Id be diffucult to match with someone. I had the glass half full mentality. She assured me that it might take time, but could be done. I feel that the contract period (even though nothing is printed on the contract) is up. They didn't come even close to filling their end of the contract for fee paid. As an average consumer, when I read the service agreement.....doesn't really say its a "contract"....about the only thing I can do is ask them to refund my money. I really doubt that Ill get anything back unless I go to arbitration. Even then I don't think I got a chance and would have to pay their legal fees on top. So looking for some legal wording to put in my email (or other advice) in a one ditch chance to get my money (or some of it) back.

Thanks for any advice

So what does the contract say about their inability to provide you with all 6 matches? They've presented you with 2 options -- were there others that you just didn't choose to meet?

 

[amo1977]

It really says nothing about their inability to provide the matches. She verbally stated that it was over a years time. Nothing is printed as to the duration of the agreement. Its funny, it says Im required to meet all matches...unless Im on hold I suppose. I really didn't "decline" any of the suggestions. Shortly after the initial meeting, she called and said asked if Id meet a person from a certain place (Kearney). I said I would. She called back and said that person was on hold because she had just gotten back from africa or something and had re-enrolled in school and just didn't have the time. She was on "hold". She inquired about another couple of people. I didn't say no to them. I didn't jump up and down about them either. Then she asked how close I was to a certain town. I said it was 30 miles away. She paused and said Ill do a little looking and get back to you. Never heard anything since.

The match maker never sent any contact information. Once contact information of a referral was sent, we were supposed to contact each other within like 24 hours or something and meet within like 10 days or something. When I met with the match maker, I emphasized that distance would be an issue. Id meet half way or something, which I would of done. Its a big grey area, I agree. Id say other than the one person who was on "hold" the other two that she had briefly mentioned weren't what she would of really pushed as a "referral". Then when she found one that was 30 miles, I think she was going to contact that person and see if they were on hold or what. I could tell by her pause on the phone that she really wasn't sure as to the status of that person. I don't think the business is fimiliar with the area where I live, which was why my gut was telling me no in the first place.

Long story short, IMHO I would say that I haven't had any actual "referrals".

 

[Shadowbunny]

You really don't need any legalese to ask them about a partial refund. .

Just look over your contract, make note of the things that they've failed to do, and suggest an amount that you think would be fair. It can be something as basic as "Matchmaker Company, in the agreement signed This Date, I was to be provided with 6 matches during X-time period. To date, I've only been provided with one referral. To that end, I request a refund of "X".

Now, $x should be a reasonable amount, minus the non-refundable deposit. Since they presumable spent some time on your profile, and did provide you with at least one referral (as per your first post), they should get some recompense.

Now, they may refuse. In that case, it may be worth the $$ to have the contract reviewed by an attorney to see if you have any grounds for pursuing in small claims court.

 

[amo1977]

The total that I paid is $3995. That's what they said is non refundable. They spent a little time I'm sure. I spent 8 hours driving there and back, plus fuel. I figured that's my cost and what time they spent would be a wash.

I kinda got a referral, yes. They suggested and I said I'd meet, but she declined....not me. At the end of the day it says I paid $4K and it's non refundable, yet they haven't provided the services they said they would. I'm going to ask, but think I'm out of luck. Just hoped to have some presidence or something to convince them better to give me a refund of some amount.

 

[Shadowbunny]

It appears that matchmaking services often list their fees as non-refundable, so if that's how your contract reads, you may not have any legal recourse.
That said, it wouldn't hurt to ask. But rather than try to beat them into submission with legal terms, you're better off appealing to their good will.