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I pre-paid for 12 months of a SaaS service. At the time I paid, I was not sent nor emailed a copy of the Terms of Service.

Now 2 months in, this SaaS company was acquired. I have no relationship with the acquirer, nor did I knowingly execute any agreement with the acquirer - how could I when they entered into the picture 2 months into my existing agreement with the SaaS. However, as a result the acquirer is directing them to shut down a part of the SaaS service. The part getting shutdown happens to be the part of the service that I wanted, and paid for on the assumption that I would receive the service for 12 months.

Is this considered a breach of contract? Am I entitled to a refund for the months where service is not rendered ?

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    Without knowing the terms, it is impossible to say whether this action breaches them. With the terms, it becomes a request for specific legal advice, and off-topic. – Nij Jan 6 '18 at 0:10
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    If you paid by credit card you can ask them for refund and if they refuse, lodge a chargeback claim with your card issuing bank. – Greendrake Jan 6 '18 at 4:09
  • You say that you had not seen a copy of the Terms of Service when you subscribed. Can you clarify: Do you mean the vendor does/did assert terms of service? Or do you mean there exist no specific terms that apply to the service? – feetwet Jan 6 '18 at 20:59
  • Both. I was not served any written ToS. There was no ToS check box that I had check prior to purchasing the service. I had to initiate a Google search myself to discover the existence of the ToS. I read their ToS and nowhere does it say that they can make unilateral changes to the service without my consent. There is also no mention of what should happen to clients when they shutdown the service – Phileo99 Jan 6 '18 at 21:50
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I have no doubt that when you signed up you ticked a box stating that you read and accepted the linked contract (ToS), that makes them legally binding. Even if the ToS were not “click wrapped” providing a link to them is prominently displayed they are still likely binding.

I would hazard a guess that the ToS allow them to make unilateral changes to the service provided. Therefore they have not breached the ToS.

The ToS will also almost certainly deal with cancellations and refunds.

Read them and find out what you agreed to.

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    There was no such box for me to tick even if I wanted to. They just asked for payment and that was that. Only after searching high and low throughout their website did I find a ToS. The ToS does not contain any wording that states they are able to make unilateral changes to the service without my consent. – Phileo99 Jan 6 '18 at 2:42
  • @DaleM I wouldn't just assume that the ToS are valid. – D M Jan 6 '18 at 18:19

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