Can the company obligate me for the payment?
Rajul Kumar
(Querist) 31 December 2010
This query is : Resolved
I am a freelance translator and provide my online translation services to some worldwide translation agencies/clients. In addition, I recently started my translation agency too. And to get translation business I signed a contract with a Netherlands-based company. As per the contract The said company provide business leads. Each leads has the details of the prospective client (as contact numbers & email IDs). Company has a condition that it will charge a certain amount for each lead.
After receiving the leads from the company I sent my business offer to the potential customers. But I got only two replies. In the first reply the potential client was telling himself a translator and willing to provide his translation services to my agency. And in the second reply the client was saying that he want to learn a language. While my agency provides only translation services. So I could not do any business with anyone. While as per the company leads they all were prospective clients.
Now the company is asking me payment in lieu of those leads. I have to pay total 980 Euros to the company. The company has sent me two invoices for the two months respectively. When I did not pay the outstanding amount. The company stopped the services. Now the company is reminding me for the payment again and again. While I am refusing to pay saying that no lead was materialized. My financial position is not so good to pay such a huge amount of 980 Euro.
Finally the company has given this case to an India-based credit Recovery Company. This company has also asked me twice to pay its client and I am helpless to pay
; (1) because I could not make any business. .
(2) My agency's financial situation is also bad. I have recently started business.
Now I want to know can the company legally obligate me for the payment.
s.subramanian
(Expert) 01 January 2011
You have entered into a contract with them. Now if the payment is sought in compliance and in pursuance of the said contract,you cannot excape your liability.
You can ventilate your objections to the claim when you are approahced for payment. If they don't agree,you can approach a court of law for appropriate reliefs.
Chanchal Nag Chowdhury
(Expert) 01 January 2011
If the obligation of the Dutch company was only to provide contacts irrespective of the volume of business, U R liable, otherwise not. U should have scrutinised the terms properly before entering into the contract.
