We subscribe to the Lexis Nexis Online service which includes Simon's Taxes. We have an annual contract renewable each July. This July, we decided not to continue with the service as we found it was not suitable to our current needs. Much to our consternation we were informed that a three month notice is required which is stated in small print, but this new term was never communicated to us at the time of last renewal, and we did not bother to read the small print. In addition, we did not receive any reminders three months prior to renewal.
We have argued with Lexis Nexis who have now offered the option of buying other publications to the value of this service as being the basis of cancellation of the service without penalty.
Our questions are:
1) Do we have a defence under the Unfair Terms Act?
2) Has any practice successfully defended a Court action brought about by Lexis Nexis on this Clause?
3) Any advice how this impasse can be overcome?