Legal Question in Business Law in Florida

Online Advertising Contract - Remedies for non-fulfillment
I have entered into an advertisement contract with an internet company that has 2 parts to it. The first is to provide me with traffic to my website through their internet ''Instant Messenger'' (i.e. banner ads) The second is to provide traffic to my site through an online ad on a portal website. They told me the traffic they were expecting on launch and said I could expect 2000 hits per day. I gave them money for the contract based on this.

It turns out that the traffic is non-existant, they have not sent any hits to me and they have yet to post my ad on their site after 2 months of a 12 month contract. We have a written contract but it does not cover the event of them not having any traffic or business.

They verbally gave a money-back guar. but say they wont give it until after the year is done. I cannot get ahold of them by phone or email to find out the status

1)Can I sue to get same # of hits from alternative source?
2)Should I go to small claims court to avoid the hassle and expense of a higher court?
3)Can I claim damages arising to not having the funds available to grow my business?
4) I am located in Canada, they in Florida. Can I sue?

What should I do next?

Asked on 10/27/02, 9:52 pm

2 Answers from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

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Re: Online Advertising Contract - Remedies for non-fulfillment

Without reading the contract, I cannot give you much meaningful guidance. It appears the contract is poorly constructed as far as your interests are concerned, but at a minimum, the banner ad should have been posted and failure to do so may constitute a material breach of the contract. You have to consider whether pursuing litigation is worth it financially. Good luck.

Answered on 10/28/02, 9:47 am

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