| > what constitutes adequate notice of cancellation While that's one aspect of the situation - and yes, a matching notification requirement is sensible - this discussion of "cancellation" is missing the important question: were goods delivered or services used? Using a newspaper publisher as an example, if we're talking about a simple contract (for either a predefined period or specific termination criteria) where some amount of money is regularly exchanged for the regular delivery on dead trees or electronic means (email) of their publication, then there is a debt that needs to be repaid. The publisher fulfilled their obligations created by the contract. However, this is a very different situation if no debt has been created. If the contract was a regular payment to gain access to their back archives, if you haven't used their services, then there isn't a debt[1]. Also, I suspect most businesses using contracts of this type will include some sort of clause that terminates all of their obligations if the payments stop. The point being that there is going to depend heavily on the specifics of the situation, so it's dangerous to generalize. [1] Some jurisdictions might treat use of the service separately than a "retainer" for access. This doesn't really change anything, though it might make the situation much more complicated. |
That is certainly true. I do think a few people here seem to be taking a rather narrow interpretation of when services have been provided, though.
Say you sign up for access to an on-line newspaper, but then as it happens you're busy and don't actually read it. The newspaper still had reporters writing stories, and servers and Internet bandwidth to pay for, and admin staff dealing with the tax records triggered by your subscription, and so on. I don't see why someone should necessarily expect to get back their money under those circumstances.
Perhaps a more obvious example would be an insurance policy. For obvious reasons, you can't get a refund at the end of the period of insurance just because in practice you didn't need to make a claim.
Whenever I've been putting terms and conditions together for a new service, the lawyers always seem very careful about exactly what constitutes offer and acceptance to form the contract, when provision of services starts, how the agreement can be ended and any terms that survive termination, and other details like that.