Good DayI have signed a contract with SN...

Asked by joeyuys on 10-11-2017 16:34:35
Question posted in the General Law category relating to KwaZulu-Natal
Question value: R 300.00

Good Day

I have signed a contract with SNX where the rep told me it is for 2 websites and one with adomain name. They sent me a web page as proof for 1 company and Itoldthem the day I received it to cancel same because it is not want I want. After a lot of emails and calls

and I received the contract wch I could enlarge I notice it was a Add page and not a website. I told Danie of SNX that I signed for a website and not a Add where he replied that I must give him the oppertunity to rectify the page and I said no, because his rep lied to me. He doesn't want to cancel the contract, keep telling me I must give him a change to rectify. What can I do in a case like this

This is what he said....Nope. R9000 for actual Google Spend and R6000 for the management of the campaign. R7500 for the website. As per your contract that you signed. Being clear of mind you signed this agreement and we did not force it on you. So I am not cancelling this agreement. But I want to help you get value for money .  Would you be open ro resign for 2 websites then?

we leave Google Ads and use the money we have received so far as a deposit. And then start from scratch.......I told him they can keep the money  he must just cancel this contract

Ask your OWN Legal Question!

Information Requested by Lawyer

Posted by Att. Patrick on 10-11-2017 20:25:44

Hi there and thank you for your question,

Did you read the contract before you agreed to it?

Did you actually sign the contract, or did you agree to their services in an email and they then told you that the terms and conditions of the contract applies to your agreement?

I'm trying to understand what you signed, when you signed it, and what you were told.

This is important because if there is a fraudulent misrepresentation made to you (by the rep) in an attempt to induce you into entering into the contract, then the contract can be cancelled by you as a result of this fraudulent misrepresentation. You would then be entitled to ALL of your money back.

So please can you explain exactly what you signed, when, etc.

Also, what amounts have you already paid them?

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Information provided by client

Good Day
I had an appointment with the rep at 9 13/3/2017 he arived late 20 past 9 and I had another appointment at 10 with Sars. So we had a brief discussion about 2 x websites and a domain name for one of the 2 websites for Google I gave 2 x Buss. Cards sign and left he discussed it also with Taryn who gave banking details and paid the deposit. So when I received the link for the website I only received I page which is for the Locksmith and I got a website for this on I needed 1 for Transponding with the domain name. After all the lies that I am signing for Google Websites of the rep I signed for Google ads, but why will I sign for Google ads if I got a contract with them for Google ads. So on the 31/3/2017 when I opened the link they sent I immediately cancell the contract because even the 1 page for the locksmith was very bad and not nearly as the website we got so I cancelled the contract within the turn around time which is 7 days. And they don't want to cancell. Trying to convince me to change my mind
Below you can see the conversations

!) From: Monique Gibbs [mailto:***BLOCKED-EMAIL-ADDRESS***]
Sent: 27 March 2017 01:53 PM
To: Joey
Cc: ***BLOCKED-EMAIL-ADDRESS***
Subject: BLUFF LOCKSMITHS : Welcome to Search Networx

Dear Joey
I have received your add-on / upgrade contract. Many thanks for your continued support.
I will be in contact with you shortly to a) clarify any aspects of the contract or b) to let you know when the additional elements / upgrade is live.
Should you have any queries, please feel free to contact me.
Kind Regards
Monique Gibbs
Search Networx Tel: +27 11 628 9800
Email: ***BLOCKED-EMAIL-ADDRESS***

25 West Street, Houghton Estate
Johannesburg

www.searchnetworx.co.za

My reply
Good Day

What is this for, sent me a copy of the contract

Kind Regards

Joey Uys

2) This is what I received 30/3/2017
Good day Joey Uys

I hope you are well?

Thank you for choosing to advertise with us.

Here is a copy of your proof for your approval. If you require any changes, please forward them to me and I may update your website accordingly. We would like to encourage you to supply all the changes in one go as this will help us get you up and running as soon as possible.

Please kindly note that we do have a turn-around time of 3-5 working days depending on the complexity of the changes.

Alternatively, if you are happy with the design, please reply stating that the advertisement can go live.

To view the website we have designed for you, simply click on the following link:

http://www.searchnetworxbusinesses.co.za/20114453/

Please note that should we not receive feedback or there is a delay in the proofing process, we reserve the right to place elements live.

Looking forward to your response

Have a fantastic day further
--
Kind Regards
Andrew Moss
WEB DESIGNER



***BLOCKED-EMAIL-ADDRESS***

011 628 9800

My reply
Good Day

Please cancel this contract. My current website looks much better and I paying much less as what I have been quoted for and what I was promised by your salesman was not true.
Please acknowledge that contract was cancelled

Kind Regards

Joey Uys

3) From: Andrew Moss [mailto:***BLOCKED-EMAIL-ADDRESS***]
Sent: 31 March 2017 10:54 AM
To: Joey
Cc: Jansher Khan
Subject: Re: Bluff Locksmiths | SNX | 6464S

Good day Mrs Uys
Thank you for taking my call
As i was trying to explain, This website proof is only a rough draft. We can restart, alter and adjust everything to your liking
If you have anything with regards to a direction that you would like the website to go ie. a reference website, structure layout etc it would greatly aid in the process of getting a satisfactory design
I really do wish to work with you on this to provide a product that you are 100% satisfied with and i do believe it can be achieved
Please get back to me soonest. Have a great day further
Kind Regards
Andrew Moss

My reply
Good Day

As I explained please cancel this contract

Kind Regards

Joey Uys

4) 9/5/2017 Goeie Dag Joey

Hoop die lewe gaan nog goed. Ek is Jansher se bestuurder. Ek is in gelig daar is probleme. Bestaan daar n moontlikheid dat ek julle more kan kontak om n oplossing vir die hele situasie te kry. Ek hoop om spoedig van julle te hoor.

Vriendelik Groete

Danie Keyser
TRUSTED DIGITAL MEDIA MANAGER


078 479 5589
011 628 9800


danie.k
***BLOCKED-EMAIL-ADDRESS***

5) 17/5/2019 Good Day Joey

Hope you are well.

I would like to introduce myself as your new Web Designer who has taken over your campaign from Andrew.

I do understand that you might have a few concerns in regards to your campaign and I am following up to find out if you are alright and what can be done from my side to turn your experience around and find a light at the end of this tunnel.

I did call and leave a voicemail for you to please get back to me at your earliest convenience to discuss the way forward with your website, what you are happy and or not happy about and getting you signed off and live asap so that you may benefit from the service you have signed up for soonest.

Please kindly get a hold of me.

Have a great day!

Kindest Regards
--

Maxine White

Web Designer
Creative Department
The Production Team Tel: +27 11 628 9600
Fax: +27 86 719 9016
Email: ***BLOCKED-EMAIL-ADDRESS***

25 West Street, Houghton Estate
Johannesburg

6) 5/6/2017 Dear Mrs Joey Uys:

To view and print the attached invoice, double-click on the invoice icon, and then choose File, Print when the invoice is displayed. To save the invoice, copy it from this e-mail to another folder on your computer.

If you have any questions regarding this invoice, please contact Search Networx Accounts on (011) 628-9700


Note: You require Adobe Acrobat Reader to view this attachment. Adobe Acrobat Reader is available from www.adobe.com.

Kind Regards,

Search Networx Accounts

011 628 - 9700

My reply
Good Day

Please advice what this is for

Kind Regards

Joey Uys
Their reply
Good Day Joey
Please note that invoices gets send out for tax purposes.
Your payments are currently running off via debit order.
If you need anymore information , please do not hesitate to contact me on 011 628 9790
Kind Regards
Cindy

On 2017/06/06 09:35 AM, Samantha Vlotman wrote:
SN-BLU001

My reply
Good Day

I told your guys to cancel this contract the day they send me the proof

Kind Regards

Joey Uys

Cindy replied
Good Day Joey
Please kindly forward me the cancellation email.
There is a 7 day cool off period after signing the contract.
Thank You
Regards

email to JR Khan
Good Day

I note that the contract has not been cancelled after I spoke to numerous guys from your company. Cancel this contract

Kind Regards

Joey Uys

email to Cindy

I cancelled this contract in March already. Please cancel ldebit order

Kind Regards

Joey Uys

Cindy's reply
Good Day Joey
Please kindly forward me the cancellation email.
There is a 7 day cool off period after signing the contract.
Thank You
Regards

I emailed her all emails
0n 7/6/2017 Cindy replied
Hi Joey
Please note that should you wish to cancel the contract , there is a settlement fee payable of 75% of the outstanding amount owing.
Kind Regards
Cindy

I phoned and replied by email
Hi Cindy

As per our telephonic conversation.
I cancelled the contract the day I received the link to look at the Website because it was nothing what Jansher promised me, 4 of your guys phoned me trying to change my mind. The web page would have been for Bluff Transponding and not Bluff Locksmiths the domain name would have been www.lostkeys.co.z. I paid a deposit of R2137.50 which you can keep.
I trust this problem will be sorted now

Kind Regards

Joey Uys

8/6/2017 Good Day Mrs Joey Uys
Please find attached letter as important.
If you need anymore information , please do not hesitate to contact me on 011 628 9790
Kind Regards
Cindy

My reply
Good Day

As previous discussed this contract was cancelled as soon as they sent me proof which was in the enquired time
So please rectify your records

Regards
Joey

7) on the 18/10/2017 I received a letter of demand
Good Day Joey
Please find attached letter as important.
If you need anymore information , please do not hesitate to contact me on 011 628 9790
Kind Regards
Cindy

18/10/2017 Cindy wrote
Please note that as per my previous emails i did explain that we can not accept your cancellation , unless you pay the settlement fee.
Regards

my reply
Hi Cindy

As per previous emails and telephonic conversations, The day they sent me the link to go and look at the page where they were busy develop the webpage I contact and email them to say I am not interested in that page because it wasn’t for Bluff Locksmith I requested for, why will I ask for Bluff if I got one I requested for the Transponding I don’t like to do business with fraudulent people. Taryn paid the deposit, I pay monthly the other account and will definitely not renew the contract. I spoke swiftly to your rep as I had an appointment that morning. You can also go and check the times I phoned
I don’t owe you anything and if you carry on to send me letters to pay I will go viral on every engine what I can for people not to do business with you
I trust that contract will be cancelled now as it should have been done in March already

Regards
Joey

Cindy replied
Please note that as per my previous emails i did explain that we can not accept your cancellation , unless you pay the settlement fee.
Regards

my reply
And I told you I will not because I cancelled before the turn around time

Cindy reply
This file will now be sent legal for listing on itc and summons.
Regards
Cindy

Sent email to Andrew Moss
Good Day

This contract has not been cancelled what is going on. Awaiting your reply

Regards
Joey

sent Cindy email
I emailed Andrew waiting for reply

she replied
Andrew no longer works for the company.
You can email : ***BLOCKED-EMAIL-ADDRESS***

Then received this email
Good Day joey

As I tried contacting you on numerous occasions regarding this, leaving messages and sending emails without any response from your side I have not cancelled the contract because I still want to find out the reason behind the cancellation. Please respond to my email and let me know so that we can take it further.

Kindest Regards
Danie

I never received an email from him before and he never phoned before as I never got a call from him or a message to phone him

My reply
From: Joey [mailto:***BLOCKED-EMAIL-ADDRESS***]
Sent: Wednesday, 18 October 2017 4:19 PM
To: 'danie'
Subject: RE: BLUFF LOCKSMITHS | 6464S | Website New Designer

Hi Danie

I didn’t received no emails and you couldn’t have phoned because I am the one that answer the phone, Taryn left in April. As I requested that the contract must be cancelled and expect that it should have been done already and very disappointed that is was not done. On the 9/5 I got an email from you and I phoned you back and said I am not interested. The web page is not to be for Bluff Locksmiths should have been for Transponding. You rep did just wanted he want to or explain wrongly to your other department. if I look on the contract there should also a domain be registered which was also not done, nothing was done according to our discussion, which is also a big disappointment. I am waiting your reply

Regards
Joey

He replied
From: danie [mailto:***BLOCKED-EMAIL-ADDRESS***]
Sent: Wednesday, 18 October 2017 4:42 PM
To: 'Joey'
Subject: RE: BLUFF LOCKSMITHS | 6464S | Website New Designer
Importance: High

Good Day Joey

Hope all is well. I do not want lose a valued client such as yourselves. Is there in any way that we can save this relationship moving forward ? As I do honestly feel this is a relationship worth saving. I will find the emails I sent you and forward them tomorrow.

Kindest Regards

My reply
Good Day Danie

Thank you for you mail. Was this contract cancelled?

Regards
Joey

His reply
Hi Joey

No Joey I did not cancel the contract.

Regards

His reply
Joey

Because I was not informed on the reason behind your cancellation as well your lack of response in trying to give the designer feedback on what the issues were.

Regards

My reply
Hi
The day they send me a link to look at the website
http://www.searchnetworxbusinesses.co.za/20114453/
I immediately cancelled the contract somebody phoned me back and explain to them that the webpage is wrong should be Transponding and he said they will change it and I said no contract must be cancelled. Then again someone else phoned and I said Im not interested they must cancel. So please just cancel this contract

Regards
Joey

His reply
I do not feel it is fair to cancel a contract which we are committed to complete to your benefit aspecially considering that we are trying to rectify any misgivings to ensure you get the full value of the campaign in order to grow your business.

My reply
Danie, please just cancel the contract as this was done before turn around time

His reply
No I do not feel it fair to cancel something we are committed to deliver and you are not willing to give us a chance even after we were open in rectifying it.

My reply
You leave me with no option after your company said they are going to take legal action, I will refer this case to my lawyers and then go viral with this. Like I said before your company made a mess-up and I am not interested in any negotiations for you to rectify the problem

His reply
Hi Joey

I am very sad that you will not give us the opportunity rectify the issue. I believe in life that every person that makes a mistake deserves the opportunity to at least rectify his mistake in order for all parties to move forward. I am happy to stop all legal action from my companies side, then take no payments until we have satisfied your need for the product you have purchased from us. I urge you to reconsider and not have a potential grand relationship go down the drain due to one mistake that can easily be rectified within a week or less. Please do reconsider my offer.

Regards

My reply
Danie as I said just cancel the contract and confirm that it was done

His reply
Will speak to my general manager and revert back.

23/10/2017
I am still waiting for an answer

His reply
Joey

We are not going to cancel as I feel you are being unfair in not giving us an opportunity to give you what you signed up for. I will confirm with my General Manager today but it does not look like he wants to cancel.

Regards
Good Day Joey
He sent another mail
Hope all is well. I had an opportunity to speak to my direct superior and he informed me after a lengthy discussion that we are more than willing to cancel the contract, on one condition though. Of the outstanding amount there is a 75% cancellation fee that has to be me. Alternatively we can go ahead and meet the commitment of the product you signed for. Hope to hear from you soon.

Kindest Regards

My reply
Hi Danie
I will not pay the cancellation fee because when the web page was send to me I cancelled immediately long before the 7 day turn around time

Regards
Joey

His reply
So we are not cancelling this agreement. What do you suggest is the road forward Joey ?

My reply



I am going to arrange an new website for you according to your specifications and only take payments when you are satisfied with the website ?

My reply
Like I told you before the contract was signed for 2 web sites 1 with a domain name
and you keep on talking about 1 website
I am not interested

His reply
Hi Joey

Hope the day has been amazing. Unfortunately I cannot go on he said she said. I can only go on the facts that is stipulated on the contract. So please let me know legally what you want me to do as on the agreement you signed, it clearly stipulates Website and Google Ads ? We are very keen to keep you as a client so please let me know ASAP.

Kindest Regards

My reply
I got an advert from your people so why will i sign for another. And cancell this contract

His reply
You should know Joey, you singed it.

My reply
I should know what, you rep bullshit me

His reply
What you signed for, no one I know signs something without knowing exactly what they signed for.

My reply
I was on my way for a meeting and you rep was late he explain what is happening I then signed and left Taryn fill in the banking details and paid the deposit. So if it was not for a website why the domain name

His reply
But there is no two websites you signed for. Only one and Google ? The domain is for the website we designed ? Once the website goes live we will run the Google.

My reply
Danie I gave him 2 buss cards if it was not for 2 why wil i gave him 2 cards. I will not change my mind so just cancel, you say 1 website and google so another lie as I got google with your company

His reply
Joey I can only go on what the contract says.

My reply
What do you not understand contract was cancelled . The only email i want to receive from you is that contract was cancelled, this is going on from end of March and we now in November

His reply
The contract cannot just be cancelled without really really really good reasons.

My reply I never went to see one I was checking the contract completly
I went and see my attorney yesterday and he advices that this contract doesn't mean a thing as according to him the special instructions is confusing and state that it says a website and not a webpage and what he understand from the contract is the clicks why dit they charge for R9000 and R6000 and also state that the Advertising details is not filled in and also the Contract type
So cancell this contract with immediate effect

His reply
Nope. R9000 for actual Google Spend and R6000 for the management of the campaign. R7500 for the website. As per your contract that you signed. Being clear of mind you signed this agreement and we did not force it on you. So I am not cancelling this agreement.
I just want to make it clear that, that is your decision and that we are more than willing to settle all differences, work and sort out all issues to have a successful working business relationship.

My reply
Did you cancell that contract

His reply
Not the one in question no

My reply
Are you so hardup for work. like I said before 31/3/2017 and now again I am not interested for you to rectify your messup. I don't do business with lying people, which promise 2 complete websites and 1 with a domain name and then discover it is for Advert

His reply
Joey I am not lying to you. I want to give you website that you signed up for, and then I want to run the Google Ads for you that you signed up for ? I just think you are being unreasonable considering I am willing to resolve this issue and build a long lasting relationship.

My reply
Your rep lied and I dont want Google ads. if you want to build a relationship cancel that contract I didn't signed for your Google ads. I signed for 2 websites and domain name according to your rep and myself as discussed

His reply
Would you be open to resign for just two websites then ? We leave the Google Ads and use the money we have received thus far as a deposit ? And then we start from scratch ?

My reply
No

His reply
Why

My reply
I don't want the money back cancell the contract

His reply
But I want to help you get value for money

My reply
Danie stop sending mails I told you I am not interested

His reply
Oki I was really hoping we could resolve this like adults, but clearly you do not want to


He send another email
Hi Joey

Hope you are well. If you read your contract properly, you will have known that there is a clause in it that does not allow you to cancel until you have given us an opportunity to rectify any issues. So let me know when we can chat on rectifying the issues.

Vriendelik Groete

My email
Hi Danie

Ons internet was af, sien jy het nog nie email gestuur dat jy gekanselleer het nie

His reply
Maar ek gaan nie dit kanselleer nie want ek voel ons kan die situasie oplos. Jy wil ons nie n kans gee om alles te maak soos jy dit wil he nie.

My reply
Jy tree op soos n kind, kan nie jou way kry nie en gooi jou toys uit die kot. Laat ek jou mooi laat verstaan ek gaan nie jou n kans gee om dit reg te maak nie, ek is ook n besigheid vrou en n mens maak seker voordat jy iets stuur vir handtekening dat alles reg is. Jou rep het vir my gelieg, jy lieg net een keer vermy en dit is tickets. Jy kan karring soos jy wil ek sal nie my mind change nie, en het van tevore vir jou gese ek stel nie belang dat jy dit moet change nie want jou page lyk sleg en die domain name was vir transponding. Wat beteken dit vir jou

His reply
Dit beteken vir my dat jy onbillik is. Want jy het ook al een keer in jou lewe n fout gemaak en gehoop om dit reg te maak. En soos ek reeds gese het. In ons kontrak staan geskrywe dat jy nie kan kanselleer todat jy ons n billikke kans gegee het om jou behoeftes te bevredig en te oorskry nie.














Answer to the Question

Posted by Att. Patrick on 12-11-2017 19:49:25

Hi again Joey,

Okay, so I've read the chain of email correspondence and I must tell you, I don't think that it looks good for you at all.

Their colling off period, if I understand the terms of their contract, is 7 days from date of signing the contract. If you signed it on 13 March, then you would have until 20 March to cancel the contract for whatever reason you want.

You only wanted to cancel it on 31 March, after they sent you the link.

So, from a legal point of view, you were not entitled to unilaterally cancel the contract on 31 March.

That means that you are bound by the contract. If it runs for 12 months, then you are bound for 12 months. There is however no obligation on you to renew it after that 12 month window.

I really don't know why you think that you can insist that they accept your cancellation of the contract after they have started working on your website. I think that what you have is more of a case of "buyer's remorse" in that you looked at their initial draft and thought that their work was bad, then you wanted to cancel, without giving them an opportunity to finish the website.

If you want my legal opinion, I think that you should tell them that you will run with their website for the initial contract period (maybe 12 months, I don't know what the terms are) and that they must fix the website now, perfectly, until you're happy with it.

Then you must terminate the contract after it has run its course.

I can't tell you that I think that you are within your rights to cancel the contract, because I don't think that you are. I think that you might take issue with my advice, but based on what you've explained above and the chain of email correspondence, I am quite sure that I am right.

Information provided by client

The problem is the rep said it was a website which I signed for and not a avertising add which mean when somebody click on my add to look at it I pay for it and you dont need a domain name, a website is completely a different site with a domain name starting with www.

Answer to the Question

Posted by Att. Patrick on 13-11-2017 23:46:00

If there was a material misrepresentation of the facts, then you might be able to argue that the contract is void because of the material misrepresentation ... but, you've got a signed contract. That means that you are going to have to argue that notwithstanding the signed contract, you STILL thought that it was a contract for 2 websites.

You're sitting on a 50/50 case at best. The court is going to have to decide whether or not it should believe your story about a material misrepresentation and a void contract, or that you should be bound by the terms of the contract because you signed it and that the company is correct.

If you really wanted to, you could instruct your bank to cancel each debit order that is placed on your account. You could give your bank a standing order to do so. But then you would be fighting this company every month... because they have a debit order ...

Information provided by client

no

Answer to the Question

Posted by Att. Patrick on 15-11-2017 20:40:16

Then what you need to do is refuse to pay, and tell them to issue a summons. Then you must defend the summons. Chances are they will never issue a summons because there is a legal cost to that. 

You'll still need to tell your bank to stop the debit orders! 

Answer Accepted

This answer was accepted on 16-11-2017 08:35:58

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