Sun 4 May, 2014 08:11 pm
The contract states:
Damages Fee: Because it would be extremely difficult and impractical to assess actual damages suffered by us in the event you default or terminate your Agreement you agree to be charged $995. This is a nonrefundable, nonreturnable Damages Fee.
Contract entered into with entity ABC includes the above clause.
Entity DEF offers a higher priced service that is similar to services contracted with ABC
Entity ABC and DEF are owned and managed by the same people.
Entity ABC is selling the services of DEF
Customer wants to "upgrade" from services by ABC to services offered by DEF and pays additional money to do so.
A New contract is written up between DEF and Customer and ABC handles the entire transaction.
QUESTION: Is the contract between ABC and Customer "Terminated" and should customer be required to pay Damages Fee
seems like it should be the customers responsibility
Yup! It should be customer responsibility, you can't do anything in it.
Don't sign anything you don't like the sound of..