In December of 2015, we called our internet provider to tell them the internet was extremely slow and the owner told us that they would kindly come out and try to fix the problem. If it doesn’t work, we could cancel with no penalty fee. So we gave the internet a few months and it was slow, once again. I called in the beginning of April 2016 to cancel. The person I was talking to told me that it would be $199 to terminate an early contract. I told her that the owner offered to cancel our internet service if it was not improving, which it was not. She told me the reason it was slow was because we got the basic package that was only 54Mbps. I was shocked. The only reason we signed the contract with them was because of the 1 Gbps speed we were promised. She wouldn’t accept my verbal conversation that I had with the owner. She continued to say that we were getting higher speeds at that moment than what we were paying for and that they “just” fixed a tower near our house. I told her that we don’t even use the internet at noon and that they need to fix the internet for the evening. She explained to me that the office is closed at that time and they won’t be able to check the speed for me.
You should do what the other two attorneys have said. But as you spoke to the owner of the company after you signed your contract and he made certain representations to you about being able to cancel if it didn't work right, I suggest you either figure out how to get him on the phone or send him a certified mail letter reminding him of his promise to cancel with no penalty fee if it didn't work right, telling him what your experience has been since, and saying you want to exercise the cancellation option he gave you. Maybe you'll be surprised and you'll get a nice response agreeing to do so. If your original contract says it has to be amended in writing, then you may run into that as a problem. But it never hurts to try.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
Read your written agreement in hopes of finding terms that provide for early termination.
NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
The terms of the agreement will determine your rights as far as terminating the contract, although you may have a reason to cancel based on false or inaccurate representations as to the performance of the services. These types of agreements are difficult to cancel, and you might want to consult with an attorney and have the contract and representations reviewed before your move further.
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