Mandatory contract renewal and 3 months cancellation notice

[tsugi]

No. When I bought it, I used it no problem until I needed an update, then I found I had to do the service agreement. It now says on the website "Mandatory service agreement" - and they say it's always been that way, but they also say they spoke to me on the phone when I took out the service agreement; I couldn't have taken it out separately if it was mandatory when buying the software - plus - I couldn't have known I couldn't get the update without it, if the programme didn't run without it, as I wouldn't have known it needed an update if I couldn't open it, etc.

 

A moot point I suppose, as they're singing a different song. I am still working on the principle that I shouldn't be held to an agreement renewal without being asked whether I agree.

[Kraken1]

but this puts a different spin on things, it would seem that they are saying that it isn't the software + a service agreement, but a yearly licence for a service. To claim you will need to show that the contract you entered into was for the software only.

[tsugi]

They're ignoring my comments on distance selling etc., and have sent this by post:

 

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Payment for the above is now long overdue. Please settle the outstanding amount immediately. Failure to do so will lead to the claim being transferred to debt collection. If the claim is transferred to a debt collection agency or a Court of Law your Mamut licenses will, in accordance with the Mamut Service Agreement and the Mamut License Agreement, be reduced to the product Mamut Free until the account is settled.

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Doubly annoying, as the "Mamut Free" thing doesn't happen; the app says your service agreement is out of date, then quits. Do I just pay now? Debt collection, Court of Law, etc. and they've ignored the substance of my previous correspondence

[Kraken1]

Honestly, this one is a bit technical and quite odd - it will turn on the actual docs. It may be that you have bought a service and can cancel the renewal and keep the basic software, have bought only a licence or bought a licence with a renewal which may, or may not be enforceable. Depending which it is will depend on whether the distance selling rules or any of the above stuff is relevant. I don't think that they can enforce payment for the new year, but they might have be able to cut you off from the existing stuff.

 

Depending on the amount of money involved you might want to see a professional so they can review all the docs properly. Unfortunately there are limits to these forums, the art is in recognising when we've reached that. To be fair I need to say that I'm not sure of your position and would not want to advise based on the limited information we have.

[tsugi]

Here is the agreement, which is not accessible on their main product or support pages, but which you can access by going through 4 separate links.

 

http://www.mamut.com/media/products/license/Mamut_User_Agreement_int.pdf

 

I realise we're at the end of what can be usefully put forward on the forum, but any final thoughts based on the agreement (which does not come with the software, but which you have to hunt) would be gratefully received - and NOT taken as anything other than learned opinion!

[Kraken1]

according to clause five that seems to support the idea that you need to pay to use it at all. This isn't to say that they can force you to renew, only that if you don't, you can't get access to the software. I think.