By invoice dated July 21, we verbally agreed to hire Xo Publicity for a 3-month PR Campaign to commence on August 7. We mailed 351-CDs and by wire transfer July 31st sent a deposit of $2400. Eight days after we remitted our payment, Xo Publicity admits that they still have to figure out which magazines reach our target audience. They have written that they are still conducting research and may only send 200-CDs to see who bites and then the other 150 to get a better idea about the target audience.
We terminated the agreement and asked Xo to refund our deposit on August 9 after Xo representative sent an email asking if we would compete in the "International Battle of the Bands". It was now even clearer that Xo was not competent or capable of executing our publicity campaign as per their proposal.
After termination, the owner of Xo Publicity, Kaytea admits incompetence by saying she should have contacted us earlier and takes full responsibility for not telling us about Xo and how the project would be handled. After only 8-days since our agreement, Xo refused to refund the deposit. We reluctantly agreed to the return of 351-CDs to sever the agreement. At our prepaid expense on August 16, however, we received only 348-CDs. As a result, we are now short budgeted campaign funds and 3-CDs.
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