contract-law payment
How to get rid of Payment Express Gateway? They are not closing my account?
<p>I bought services for the payment express gateway. They charge me monthly 100$ and i am not using their services but they say that contract is till 2021 and they are not canceling it. Their service is similar to PayPal and stipe. What should i do? I am from australia</p>

<p><a href="https://www.paymentexpress.com" rel="nofollow noreferrer">https://www.paymentexpress.com</a></p>

<p>You may well be stuck. If you agreed to a contract specifying a monthly payment, with no cancellation provisions, you may have to honor it legally.</p>
<p>However, under the <a href="http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/caca2010265/sch2.html" rel="nofollow noreferrer">COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law</a> section 82, if the contract was an &quot;Unsolicited consumer agreement&quot; the consumer generally has 10 days in which to cancel the agreement without penalty. Section 85 seems to indicate that a consumer will have a right to terminate such a =n agreement even after 10 days, but must pay for any services already received, and for any goods received and not in returnable condition. Sections 82 through 88 generally cover terminations of &quot;Unsolicited consumer agreements&quot;.</p>
<p>It is not entirely clear to me if the kind of agreement described in the question is an &quot;Unsolicited consumer agreement&quot; under this law or not. If not, it is probably not cancel-able  beyond its own terms.</p>
<p>It might be a good idea to consult an actual lawyer knowledgeable about Australia's consumer law.</p>
<p>Section (3) of that law provides:</p>
<blockquote>
<p>(3)  A person is taken to have acquired particular services as a <em>consumer</em> if, and only if:
(a)  the amount paid or payable for the services, as worked out under subsections (4) to (9), did not exceed:</p>
<p>(i)  $40,000; ...</p>
</blockquote>
<p>(other options are alternative, not additional)</p>
<p>Section (69) provides that:</p>
<blockquote>
<p>69   Meaning of <em>unsolicited consumer agreement</em></p>
<p>(1)  An agreement is an unsolicited consumer agreement if:</p>
<p>(a)  it is for the supply, in trade or commerce, of goods or services to a consumer; and</p>
<p>(b)  it is made as a result of negotiations between a dealer and the consumer:</p>
<p>(i)  in each other's presence at a place other than the business or trade premises of the supplier of the goods or services; or</p>
<p>(ii)  by telephone;</p>
<p>whether or not they are the only negotiations that precede the making of the agreement; and</p>
<p>(c)  the consumer did not invite the dealer to come to that place, or to make a telephone call, for the purposes of entering into negotiations relating to the supply of those goods or services (whether or not the consumer made such an invitation in relation to a different supply); and</p>
<p>(d)  the total price paid or payable by the consumer under the agreement:</p>
<p>(i)  is not ascertainable at the time the agreement is made; or</p>
<p>(ii)  if it is ascertainable at that time--is more than $100 or such other amount prescribed by the regulations.</p>
</blockquote>
<p>The question does not say how the agreement was formed, nor is it clear to me if an internet contact would be considered equivalent to a telephone contact. Perhaps not.</p>
<p>However, On looking at the <a href="https://www.paymentexpress.com/Document/AU-EULA.pdf" rel="nofollow noreferrer">Australia ELUA for the service</a> section 11.1.b says:</p>
<blockquote>
<p>Customer  may  terminate  this  Agreement  at  any  time  on  not  less  than  3 months' prior written notice to PX</p>
</blockquote>
<p>So at worst the OP is on the hook for 3 months payment once OP gives notice of intent to terminate. I would suggest that notice be in writing by some method which leaves an audit trail. In the US I would use both email and a certified letter -- I am not sure what the equivalent in AZ might be.</p>
