Quote:
Originally Posted by jscott
demigh0d, what about if a customer was given crappy service and was lied to in order to get him to sign the contract, then that customer tried to re-negotiate his contract and those support tickets were closed without being taken care of or even replied to?
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But that is another legal issue.
First of all, the contract was produced by Jupiter Hosting, not Navisite. Navisite doesn't know what was said or promised in 2004, they didn't purchase Jupiter until mid 2006 (I believe. This was before I started here).
Second, it's (normally) all in the contract, usually along with a clause that states that anything verbal is not binding. I've never seen the whole contract so I can't say for sure.
Thirdly, when dealing with legal contracts and re-negotiations, if you aren't sending your correspondence via registered snail-mail you are a fool. Everyone knows, or should, that email is not 100% reliable and verbal promises are not legally binding.
Then, if the account is not canceled you have something to show a judge in court.
It's all about protecting your arse. Navisite has a signed document, the customer has "well, I sent this email" or "I called to cancel and they ignored it". People lie all the time, judges know this and are going to side with the party with documentation before they side with someone with just stories, however true they may be.
Again, this is just my two cents worth. My opinion, not my employers and it would be the same if I didn't work for them.