[josephcsible]

Wouldn't "you have to pay even if we don't deliver the product you're buying" be considered unconscionable?

[caseyohara]

I’m guessing Capchase is a financier of sorts. Capchase pays Bench for the full term up front, then the customer pays Capchase in monthly increments.

So Capchase is delivering their product, the financing. Which is why there would be a clause that the customer still owes Capchase even if Bench closes; Capchase has already paid Bench and wants to be made whole.

[runako]

This is how I read it as well. I hope OP got a significant discount on Bench service in exchange for this kind of agreement.

[ShakataGaNai]

Yea. That doesn't sound right. I'd say Op should talk to a lawyer ASAP.

I mean, bad to agree to in the first place, but it doesn't seem like a contract where the other party is non-performant, should be enforceable.