Can a service provider force a price increase? My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I signed a contract agreeing to a specific service at a specific price and I was locked-in for 24 months, lest I be charged a penalty for early breach of contract. I'm still using the same service although I am now free to leave without penalty. Under EU consumer law (or Croatian law for that matter), can I demand that my original be grandfathered? Assume that I do not wish any change of service, and that I obviously do not wish to pay more for an upgrade I didn't ask for. If possible, please provide relevant links or references.
When I signed up over 5 years ago, I signed a contract agreeing to a specific service at a specific price and I was locked-in for 24 months, lest I be charged a penalty for early breach of contract As the original 24-month fixed term has expired long ago, the service provider is no longer obliged to provide the service at the original terms. They may terminate the contract at any time, and equally you are allowed to quit any time as well. The notice you have now got is essentially a termination notice combined with an offer for a new contract. You can accept it, or give them a counteroffer, or walk away to another ISP.
First of all, there is no breach - they said they would pay it "over the course of the first year"; in what way is the first week not part of the first year? Second, breaching a contract doesn't always allow the aggrieved party to terminate it: in fact, being able to terminate is only for the most egregious of breaches or ones that are specifically spelled out as giving a right to termination. For example, failure to deliver (or pay) on time or in full would not allow termination, only damages.
No, it does not. There is indeed a 2-year guarantee for all goods, but "goods" is defined to be a "tangible movable item" according to Directive 1999/44/EC Article 1, subsection 2(b). In less legalese, a physical item; software doesn't count. While there has been discussion about extending this protection to software, I'm not aware of this having been done yet. Even if it were, determining whether goods are "faulty" ultimately comes down to whether it conforms to the contract of sale (Article 2). I think it's likely that vendors in this area would put a disclaimer for unforeseen security vulnerabilities, or something to that effect.
There may be violations of consumer protection and/or advertising statutes here by the online store, but the common law position is that: The website's owner is making an invitation to treat Based on that, you are making an offer The contract comes into place when the website's owner accepts your offer. The time of contract formation is "when the parties give objective manifestation of an intent to form the contract." You would need to read the site very carefully, in particular their terms and conditions, acknowledgement page and/or email to see if they are actually accepting your offer or if there are conditions attached. If there is no clear, unconditional acceptance then there is no contract at that time; this applies even if you have paid for the goods. If this is the case (and I strongly suspect that it would be for most online stores), then their acceptance of your offer and the formation of the contract probably does not come into effect until they "give objective manifestation of an intent to form the contract" by shipping the goods. Up until that time there is no contract and their only obligation to you is to promptly refund your money.
When a platform has the right to kick you out as they deem fit, without any evidence why they did it, does that change if you have a paid? It depends on the purpose of payment and the terms &amp; conditions it triggers. Your description reflects that payment entitles the user to have no ads &quot;and stuff&quot; (?). Payment does not necessarily entitle the user to continued access, diligence from customer service, or other features. Without fully knowing the platform's terms &amp; conditions regarding payment it is impossible to identify what obligations (other than not displaying advertisements) your payment creates on the platform. The information you provide here is insufficient for assessing whether you have a viable claim such as fraud or breach of contract. On the other hand, the platform's apparent arbitrariness and lack of response might support a finding of unfair or deceptive practices if the platform does not honor or proportionally reimburse your payment. Many jurisdictions have legislation prohibiting practices which are unfair, deceptive, or unconscionable (example: MCL 445.903). Oftentimes statutory law establishes an agency in charge of addressing customers' complaints.
Has this contract been translated (badly) from another language because the construction of the clause is cumbersome and confusing? Does the contract say that I can have guests over 1 night without charge? Without charge, yes. However "Without Landlord's prior written consent, Tenant has no excuse to accommodate ..." so you need the landlord's permission for overnight guests. If so does it only start charging on nights after the first? No, if a person stays more than 1 night (with the landlords permission) then this triggers the landlord's right to charge. See below for how much they can charge. Is it supposed to be 10% of monthly rent $137 per guest per night? "With temporary commendation, day-based, and additional 10% of rent each person is applied." The term is ambiguous, I can see three ways that this would be interpreted: If you have a guest who stays more than 1 night in a month they can charge 10% for that guest for that month (i.e. 2 to 31 days all for the same price). For 2 people for 2 days this would be $1,400 x 10% x 2 = $280. They can charge 10% of the monthly rent per night that the guest stays. $1,400 x 10% x 2 x 2 = $560 As, 1 except the rent would be pro-rata. $1,400 x 10% x 2 x 2/31 = $18.06 Assuming that the landlord put forward this contract the interpretation adopted in the absence of other evidence would be the one least advantageous to the landlord i.e. 3. However, there is other evidence - the landlord accepts that the rate is pro-rata - he has just failed to account for the 10%, so 3. again. How is overnight defined? Well, is it defined in the contract or by the law where you are? If not, it would take its normal English usage - "for the duration of the night". If they arrive before sunset and leave after sunrise the next day then they have stayed overnight. What if they came over at 9am and slept in the day? It says nothing about requiring your guests to sleep. If they party overnight then they are overnight guests. If they sleep all day but don't stay overnight they are not overnight guests. What about 2 am? If sunrise is after 2am then this is not overnight.
No Or at least not necessarily. Contract terms are legally one of three types: Conditions, Warranties, or Intermediate. Breach of any term allows the aggrieved party to sue to recover damages - monetary compensation to restore them to the position they would have been in had the breach not occurred. Breach of a condition also (or instead) allows them to terminate a contract. Breach of a warranty does not. Intermediate terms are terms that might be a condition or might be a warranty depending on how egregious the breach was. A contract can explicitly make a term a condition, the historical and still used phrase being that X is “of the essence”. If the contract is not explicit (most aren’t), then that is the concept that the court uses to decide - is the term “of the essence”, that is, absolutely fundamental to the performance of the contract. Similarly a term can be explicitly a warranty, usually by saying party Y “warrants” something. Most incidental or procedural terms are warranties - if breached, they never give rise to a right to terminate. Most terms are intermediate, particularly most terms about time. Normally, intermediate terms are warranties but if a breach is egregious enough, then this can elevate the term to a condition. Payment terms are a classic: if you are a day or a week late in making payment, the other party can’t cancel the contract. If you are a year late, they can. Somewhere in between, your breach changes the term from a warranty to a condition. For your situation, the early delivery is clearly a breach of a warranty, not a condition. If it even is a breach - the contract may say that they are obliged to deliver by 1 December: delivery on 1 November is clearly in compliance with that term. If it is a breach, you do not have the right to terminate the contract and if you tried you would be breaching the contract yourself by repudiation. By the way, repudiating the contract is definitely breaching a condition. A huge number of contract disputes turn on who validly terminated and who repudiated the contract. If it is a breach, you can sue for damages which, since they have not charged you for November, would be what it cost you or what you lost by having their bin on your premises for a month. My guess that this would be in the order of zero.
The agreement linked in the question seems to be or to purport to be, for a non-final, non-production version of the board. I have seen such agreements used, both for hardware and software, used when beta-test versions of products are being distributed to those who agree to do such testing, often in exchange for a reduced price on the final product, or an early look. I have also seen similar language used when an evaluation version of a product is provided free, or at a much reduced price. In such a use, it would be a reasonable contract, it seem to me, and I see no reason why if it were agreed to by both parties in such a situation, it would not be binding. Often such agreements also include a non-disclosure aspect, but this one does not seem to do so. I cannot see how such an agreement could be made applicable automatically, without both parties having chosen to agree to it, and indicated this by signing, clicking, or in some other positive way. I doubt that it could be made automatically applicable, on an "by using this product you agree" basis. I don't know of any physical consumer product, or appliance, sold with such an agreement in ordinary commerce. I am not sure what would happen if a manufacturer wanted to require all purchasers to sign such an agreement. I don't know if it would be binding. I would think that the purchaser's rights under the First Sale doctrice, could be modified by a valid contract agreed to by the purchaser. I do not think that they could simply be revoked by a contract of adhesion, which the purchaser had no choice to decline before making the purchase. As the OP says this was not signed or agreed to in any way, I can't see how it binds the OP.