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by leveraction 1675 days ago
I am thinking the argument against would be that the company's contract with you was supported by consideration: they provide the software in exchange for your payment. You are then sending what is intended as an addendum to the original contract, but the company never agreed to the additional terms. In effect, it is an offer of a second contract that is not supported by consideration and likely never accepted by the company. In such a case it would not be enforceable I think.
2 comments
leveraction 1675 days ago
"The trick is making it the same day you sign the deal and making it all inclusive."

I think the original contract is enforceable at the time it was originally agreed to. Coming up with additional terms, even if they were on the same day, wouldn't not change the original contract. Imagine signing up for a credit card offer and then sending a certified letter to the bank informing them that you will only pay a lower interest rate that you designate.

I think the stronger argument is the "incorporated by reference" argument, given the fact that those could be changed at a later time. The terms of a contract need to be clear, and any ambiguity would likely be settled in favor of the party to be charged.

I have always been suspicious of the "Click to Agree" box at then end of a long contract that no one, including the company offering it, has ever read. The problem is that there are so many (generally unlikely) contingencies that have to be accounted for. What other choice is there when there may be substantial liability in question?

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CPLX 1675 days ago
The enforceability of the original contract is not being challenged in this example.

It’s about required notices. Basically the contract has opt-out provisions that they hope you either won’t notice or will forget to opt-out of.

The idea is simple, you just reverse this dynamic by immediately and pre-emptively opting out of every optional element of the contract that could cause you to incur additional financial obligation.

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CPLX 1675 days ago
It’s not an amendment to the contract it’s notice.

If the contract says you must give a non renewal notice by X date or you agree to a renewal then the letter is written notice. The trick is making it the same day you sign the deal and making it all inclusive.

It doesn’t change the existing contract it abides by it.

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