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Breaking a contract?

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RadioDude

Guest
What is the name of your state? Texas.

Hi all! As always, thanks for this forum.

I signed a one year contract (on October 7 of last year) for a dedicated server (I pay a company about $300 a month for the dedicated use of a very powerful web server for my personal business).

They were offering a promotion whereby if I signed a one year contract, they would give me a very large quantity of American Airline Advantage miles. However, here we are three months later, I have hounded them, and I haven't received them.

In the contract, it makes no mention of the bonus other than it's going to happen. It doesn't say when. However, when I signed up for the account over the phone, I know they are aware of it because my sales rep asked for my account number on American Airlines, which I gave him.

Also, they incorrectly represented their packages online. They claim to have web-based administration, but when I called to ask how to use it they told me that their only job was to make sure my server was online. They said no such service was included. (And, it's still on their website...I have printed copies.) Also, they installed the WRONG OPERATING SYSTEM on my second server...then refused to change it.

So my question is this: by failing to provide these services to me, can this get me out of the contract? I am VERY dissatisfied with their service and with to take my business elsewhere. Is this legal grounds for giving them the bird and getting out of the contract with clean hands?

Thanks.
 
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hexeliebe

Guest
Nice try but since there is not mention of WHEN in the contract, their defense if you decide to breech the contract is simply "Your Honor, we are under no obligation to supply the miles at any particular date and/or time".

Flipping them the bird is still o.k. But do so while STILL under contract. Unless of course, I'm completely wrong, in which case you can still flip them the bird :D
 
R

RadioDude

Guest
Also, they incorrectly represented their packages online. They claim to have web-based administration, but when I called to ask how to use it they told me that their only job was to make sure my server was online. They said no such service was included. (And, it's still on their website...I have printed copies.) Also, they installed the WRONG OPERATING SYSTEM on my second server...then refused to change it.
Even with blatant lying I still get shafted?
 
R

RadioDude

Guest
On my contract, on two separate work orders of which I have copies, and all over their web site, yes.
 
H

hexeliebe

Guest
The part I am concerned with is the online administrator and the operating system being on the contract. One party to a contract cannot unilatterally change the contract therefore, if these items are on the contract that you signed and you cannot get them resolved, you need to write a certified (RRR) letter to the company informing them that if these items are not added to your services (including changing the operating system to what is specified in the contract) you will consider it a breech of contract and take appropriate legal action.
 

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