Legal Question in Technology Law in Michigan

Re: Getting out of an inter-net provider's contract

Whether you can avoid the contract will depend upon whether the performance by the provider (or non-performance) amounts to a breach of the contract under which you retained the services of the provider. The answer to that question depends upon the terms of the contract, as well as upon any representations which you and the provider made to each other prior to signing the contract.

If the provider has breached the contract, and if the breach was material (in other words, if it concerns something that was important to the provider's obligations under the contract), then your company might be able to avoid further obligation under the contract. The terms of the contract and all surrounding facts must be reviewed and analyzed by legal counsel, however, to determine whether a breach has occurred and what relief might be available.

If you have not already done so, you should advise the provider, in writing, of each incident which you believe is a breach of the contract. The contract might require this, and it also might require that you give the provider an opportunity to correct the problem. Again, this should be determined with the assistance of legal counsel.

I would be happy to discuss the particular facts of this matter with you. This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.