Is this verbal contract enforceable?
Can a contract be enforceable when one party does not have a copy of the contract - even after repeated requests?
Is online advertising considered "goods" as would pertain to the Statute of Frauds in North Carolina?
Background: I am a North Carolina resident, part-time Realtor, and Kindergarten teaching assistant.
On August 12, I entered into a 6 month contract with an online advertising company. The contract was recorded over the phone. I was advised I would receive a copy of the contract (this is actually stated by the company's representative in the recording). EVEN AFTER REPEATED WRITTEN AND VERBAL REQUESTS, I did not receive a copy (or audio file) of the contract until I was contacted on April 5 (8 months later). The purpose of the communication from the company was to advise I was still under contract and obligated to continue paying the monthly fee of $219. When I communicated (via email) that my 6 month obligation was satisfied, I was advised (via email reply) that it was a MINIMUM 6 MONTH contract and I was required to provide a 15 day written notice to terminate after that initial term.
Interestingly, the company stopped billing my credit card after the initial 6 month term, which ended in January. I believed the contract was over.
In addition to not sending the contract, the company failed to perform several services they promised. For example, during this Pay-Per-Click and Search-Engine-Optimization Campaign I never received the "Online Traffic" reports that would show when and how many clicks/searches were made relating to this marketing.
There were many other issues - particularly during the first month of my 'relationship' with this company.
I sincerely look forward to your response and thank you in advance for your thoughtful consideration of this issue.
Can a contract be enforceable when one party does not have a copy of the contract - even after repeated requests?
Is online advertising considered "goods" as would pertain to the Statute of Frauds in North Carolina?
Background: I am a North Carolina resident, part-time Realtor, and Kindergarten teaching assistant.
On August 12, I entered into a 6 month contract with an online advertising company. The contract was recorded over the phone. I was advised I would receive a copy of the contract (this is actually stated by the company's representative in the recording). EVEN AFTER REPEATED WRITTEN AND VERBAL REQUESTS, I did not receive a copy (or audio file) of the contract until I was contacted on April 5 (8 months later). The purpose of the communication from the company was to advise I was still under contract and obligated to continue paying the monthly fee of $219. When I communicated (via email) that my 6 month obligation was satisfied, I was advised (via email reply) that it was a MINIMUM 6 MONTH contract and I was required to provide a 15 day written notice to terminate after that initial term.
Interestingly, the company stopped billing my credit card after the initial 6 month term, which ended in January. I believed the contract was over.
In addition to not sending the contract, the company failed to perform several services they promised. For example, during this Pay-Per-Click and Search-Engine-Optimization Campaign I never received the "Online Traffic" reports that would show when and how many clicks/searches were made relating to this marketing.
There were many other issues - particularly during the first month of my 'relationship' with this company.
I sincerely look forward to your response and thank you in advance for your thoughtful consideration of this issue.
