sf_customer
@ga.us
| cancel sf contract question
Looks to me that sf is about to die. I've got 2 months left on a 1 year contract. As I recall (got to reread the contract tonight) there was a cancellation fee for terminating service before the contract period of 12 months ended.
So the question is, given sf current state of affairs, what is the precedent for canceling a contract early for non-performance on SF's part without having to pay an early cancellation fee? |
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da3dAlus
join:2002-12-18
Duluth, GA
 ·Speed Factory
| No blood from a stone, as they say. If I see so much as a penny come from my Visa, I will issue a charge-back and dispute the transaction. This was a blatent violation of their contract in terms of delivery of a service I paid for. I don't care how much they plan to give in concessions to customers, they left everyone hanging with no service and no means of communication for nearly 4 days. That's pitiful. |
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termination
@1dial.com
| reply to sf_customer
said by sf_customer :
So the question is, given sf current state of affairs, what is the precedent for canceling a contract early for non-performance on SF's part without having to pay an early cancellation fee?
I'm not a lawyer, but the copy I have of the contract (which may be old) says:
"5. Terms and Termination...Termination for cause may occur upon: (a) unremediated material breach after thirty days written notice..." (sec 5)
"10. Warranty and Disclaimer. Subject to the limitations contained herein, Speed Factory warrants that the Services will, in all material respects, conform to the requirements of the Services Description and Sales Order Form, as well as to any other terms and conditions contained in the Agreement. Customer's sole and exclusive remedy for breach of the above warranty or any claim related to the Services shall be repair or replacement of the Services in accordance with the Services Description, Sales Order Form, or termination pursuant to Section 5 above. [emphasis mine]"
I would take this to mean that I could cancel my contract because of this service interruption, but only after sending written notice 30 days in advance. But what's an unremediated breach? |
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tg3650
Premium
join:2004-07-05
Flowery Branch, GA
| reply to sf_customer
Also, keep in mind the CEO is offering a month's free service. You could take that, pay another month at the worst, and you'd be out of the woods. Since SF is back up now, you can probably take it for granted that they'll be working for the next 60 days.
Based on what has happened, I find it very hard to imagine that they'll aggressively go after people who have almost finished their contract periods. |
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sf_customer
@speedfactory.net | reply to sf_customer
After talking to the wife, I believe we're going to try to wait the 2 months and then switch. But if we lose service again before then we'll switch immediately. |
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