Re: Client Termination Procedures
Another office staff from his office called me yesterday not knowing that I terminated with him. I informed her that at this time I am no longer contracting with him, she called the dr and told him. Come to find out he read my email yet did not respond. I called him and he asked for a refund. In my contract it shows the following.
6.1 Default. The Client shall be in "Default" under this Agreement if (a) Client fails to pay or payment is returned uncredited to KG Business Solutions for any sum when due pursuant to this Agreement;
(b) Client breaches any term, condition or obligation of this Agreement;
7.1 Client. If at any time the quality of service provided to Client from KG Business Solutions does not meet industry standards, or is unsatisfactory to client, Client will give KG Business Solutions five (5) days written notice, detailing service inadequacies, to correct said deficiencies. If after five (5) days from the date of written notice, via facsimile (with receipt confirmation by KG Business Solutions), or email (with receipt confirmation by KG Business Solutions), or certified mail, KG Business Solutions has not corrected said deficiencies Client has the option to terminate this agreement after paying for services rendered to date. Client may terminate this Agreement forthwith and without notice upon or after the occurrence of any Event of Default by KG Business Solutions after paying for services rendered to date.
7.2 KG Business Solutions. KG Business Solutions may terminate this Agreement at any time by giving Client not less than five (5) days prior written notice; provided, however, that KG Business Solutions may terminate this agreement forthwith and without notice upon or after the occurrence of any Event of Default by Client, nonpayment by Client, KG Business Solutions’ reasonable belief that Client's financial condition or ability to timely pay KG Business Solutions’ invoices may be impaired, or KG Business Solutions’ belief that Client is not complying with all Local, State and/or Federal laws that govern the Clients business operations.
7.3 Continuing Liability. In the event that this Agreement is terminated, by either party, the Client shall continue to be responsible for any liabilities prepaid or incurred by KG Business Solutions with respect to the Virtual Assistant Services covered under this agreement. Such charges shall be paid by Client to KG Business Solutions upon receipt of an invoice for such amounts.
7.4 Dissolution / Bankruptcy. This agreement shall terminate automatically without notice to Client if a petition in Bankruptcy Court is filed by or against Client, or if Client shall have made an assignment for the benefit of creditors, shall have been voluntarily or involuntarily adjudicated bankrupt by any Court of competent jurisdiction, or if a petition is filed for reorganization of Client, shall a receiver shall have been appointed for all or a substantial part of Client's business or if Client shall have permitted of suffered any attachment, levy of execution to be made of levied against all or a substantial part of the property of Client, or if Client is dissolved, or if Client fails to remit KG Business Solutions’ charges due under this Agreement, or in the event that KG Business Solutions shall deem itself insecure, or upon the nonpayment for taxes on property, or premiums on any insurance required hereunder, or upon any other default of warranty, or information of the undersigned pertaining to this misleading, then, and in such events, the Agreement shall terminate automatically without notice to Client. In the event the Agreement shall terminate as provided in this paragraph, KG Business Solutions shall be entitled to collect from Client or its successor all charges due and unpaid hereunder to and including the date of such termination.7.5 Notice of Termination. Any notice of termination by Client shall be sent via facsimile (with receipt confirmation by KG Business Solutions), or email (with receipt confirmation by KG Business Solutions), or deposited in the United States Mail, postage prepaid, certified or registered mail, return receipt requested, addressed to the noticed party as set forth in paragraph 9.0 hereof and shall not be deemed to have been given or received until actually presented at the noticed party's address. All of the Obligations shall become immediately due and payable upon the effective date of any termination hereof. Until all Obligations of Client to KG Business Solutions have been fully discharged and satisfied, termination of this Agreement shall not release or abrogate KG Business Solutions’ security interest in any of the Collateral, and the duties, covenants and liabilities of Client and the rights and remedies of KG Business Solutions hereunder shall survive any such termination and shall continue to be fully operative. If after termination of this Agreement KG Business Solutions is or becomes legally obligated to repay to any Account Debtor or such Accounts Debtor's legal representatives, successors or assigns any sum of money paid by such Account Debtor to KG Business Solutions prior to such termination in respect to an Ineligible Account, then notwithstanding termination of this Agreement Client shall immediately upon demand reimburse KG Business Solutions for the full amount of such repayment by KG Business Solutions as well as for all costs and expenses (including attorneys' fees) reasonably incurred by KG Business Solutions in connection with such repayment.
So with this said from this contract I was able to terminate him as he did not give me the (5) days to fix any issues he had with my service. Also from this contract he still owes me for the rest of the contract, and I get to keep the fees for this month. At this time he is requesting a refund for April fees. Am I right in saying there is no refund due? I am also going to add in my time for each visit to his office I made, the fee for mileage and my time for dropping off his equipment yesterday, and for any paper his fax machine used while I had it here. Am I wrong in all this? I know when I send him an invoice he will try fighting it. The funny thing is he does not stutter but yesterday when he asked me for a refund he was stuttering. It was weird! What is your opinion on this?