My company entered into a Custom Website Development Agreement with Mobile Penguins, Inc. On Nov. 2. When I attempted to cancel the Agreement within the rescission period, I was persuaded to give the company a chance to show me what it could do for me within eight (8) months. I was also guaranteed in writing, a refund of my entire payment, as well as a bonus of $100.00 to compensate me for my troubles, in the event the company failed to deliver as promised.
From Nov. 2005 through Mar. I worked with their project managers to produce a draft version of the website. I formally approved the design/layout of the draft website on Mar. 31, which initiated the engineering phase of the project. As of July 5, 8 months had passed and I had not received any operational version of the website, much less achieved first page rankings in major search engines, as per the terms of the Agreement.
I informed the company on July 5 that I was cancelling the contract and they received the same information from my lawyer on Aug. 10. They have not acknowledged any correspondence nor made any payment.
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