internet terms-of-service
Is there any obligation to provide a service after a contract expires?
<p>I had a contract to provide web services to someone for a few months. The contract has now expired and has not been renewed. The client was horrible to work with and I no longer want to work with them, but they have made no effort to find someone to replace me. </p>

<p>If I flick the switch their online business goes offline. If I do this and they offer to pay me to bring it back online, do I have to do it? I don't want to work with them anymore and have already given them the backups. The contract expired almost 2 months ago now and I'm getting annoyed that they are taking advantage of me for a service I am not being paid for. </p>

<p>If you have no contract to provide the service then you have no obligation under contract law to do so.</p>

<p>However, if you are aware that withdrawing the service could or would cause damage to their business then doing so may leave you open to a suit on the basis of negligence; particularly if you do so precipitously and without warning.</p>

<p>You should write to them in the following terms:</p>

<blockquote>
  <p>Despite our agreement that the contract would not be renewed you have not made any arrangements to stop using my service. Consequently I consider that by your actions, you have continued to treat the contract as ongoing. I am happy for this arrangement to continue on a month-by-month basis and will be invoicing accordingly. If this is acceptable, please respond by 4pm on x/y/z; if you do not do so I will switch the service off at 4pm on x/y+2/z</p>
</blockquote>

<p>If there is nothing in your agreement that says you need to continue to provide them with a service you don't.  If you have already given them backups and they are not paying you for the service, then its there problem.</p>

<p>This is especially true if they have already confirmed they are not wanting to renew the service with you.     (I am not a lawyer, but I disagree with Dale M's conclusion that this leaves you open to a lawsuit - well, you are always open to a lawsuit - anyone can file one for any reason, but I don't see how they could prevail.)   I do agree that it would be prudent to send them a communication advising you are going to stop providing the service on XXX date.</p>
