Legal Question in Business Law in New York

Hi,

We are a digital advertising agency, and frequently have to deposit money into a Media Buying Platform (similar to Adwords) in order to purchase media.

My question is, say that platform decides to terminate our account, and their terms of service says that if they terminate the account (for whatever reason) that we are not entitled to a refund... is that legal?

Here is an example of the terms I'm talking about:

[Company] strives to offer the best service possible to its clients. Once an Advertiser makes an initial deposit in the [Company] Ad serving platform, Advertiser has six (6) months from the last payment date to ask for a refund of the balance remaining on the account if he isn't satisfied with the [Company] Network and have remained in compliance with this Agreement. As soon as an Advertiser makes a second deposit in the [Company] Ad serving platform, it is hereby understood that a refund will only be issued for a balance greater than $200 and a processing fee of 10% will be deducted from the refund. Advertisers canceled / terminated by [Company] for violating these Terms are not entitled to a refund.

Thank you! Your help is very much appreciated!


Asked on 2/24/14, 8:47 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

Let me preface by saying that no responsible lawyer will advise on specific contractual terms in a vacuum let alone over a free public forum.

That said, this does not say that you are not entitled to a refund, it merely outlines the terms under which you may be. There are any number of circumstances where a provider of services can no longer offer full complete refunds. If you are not comfortable with these terms you simply should not sign them or have them properly reviewed.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Read more
Answered on 2/24/14, 8:54 am


Related Questions & Answers

More Business Law questions and answers in New York