February 1, 2024
 
 
Question:

Hi Jennifer,

I signed a vendor contract that I’d like to get out of. I’ve received a few months of service and I don’t want to continue paying. Customer support is not existent.  It says it’s a 12 month term, and I can only non renew.  

Thoughts? 

Thanks, 
Dr. M

Answer:

It’s entirely possible you’ve signed an agreement that locks you in for full payment for the entire 12 month term, or longer if you do not properly non-renew. Courts will enforce contract terms and payment terms so long as they are not against public policy.  To see if we have an out I have to review the agreement.   Even if there is a no contractual way out, you may be able to call the vendor and negotiate a breakage fee, or finagle your way out of the arrangement if, perhaps, you are more trouble than you are worth (tough barrier to breach!).  There may also be a way to use consumer protection laws against the vendor to get out. However, as your counsel, from my perspective, the worst situation is throwing more good money towards bad.   We certainly do not want to start wracking up attorneys fees, on top of payments that may be owed to the vendor.  Reality is, you may be stuck.  As a starting place, send the agreement over, so I have an idea of what we’re looking at. Certainly not going to charge you until we understand what the situation is.  Let this be lesson/reminder:  have ALL vendor contracts reviewed before signing!   Penny-wise, pound foolish!  (Sayings exist for a reason.)