Legal Question in Consumer Law in New Hampshire
Evergreen Clause
We signed an Agreement for Merchant Services. Went to notify of non-renewal. Company claims we owe $300 due to 90 day clause. Sure enough. Tiny print on back of Agreement. Signature lines present on back, but not signed or initialed as we were never shown the back of the Agreement. Front says 12 months automatically renewing only. Our position is we signed in good faith by info on face of Agreement. Is evergreen clause enforceable if ultra-fine print line items not initialed or signed in space provided as part of the Agreement? Thank you for any direction you can give. I don't know if consumer law is the right category or not. Sorry.
1 Answer from Attorneys
Re: Evergreen Clause
For $300 THEY ARE UNLIKELY TO TAKE ANY COURT ACTION. IF THEY DO YOU HAVE A VERY GOOD ARGUMENT THAT IT IS NOT ENFORCEABLE FOR THE REASONS YOU STATED.
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