See Notice to remedy Breach Below
NOTICE OF BREACH OF CONTRACT
BY MISREPRESENTATION
You are hereby put on notice that Wisdek and its employees and/or contractors and/or legal representatives, Tommy Anderson and Karen Zometa are in Breach of Contract and the Trade Practices Act 1974 (cth) in that the entities have made certain representations that are misleading and deceptive when representing the services to be delivered under its Contract Agreement with John Corrick.
[Section 52 of the Trade Practices Act 1974 (Cth) prohibits misleading and deceptive conduct.
More specifically Wisdek made agreement with John Corrick to supply 20 keywords phrases and rank those phrases plus all the derivative keywords of those phrases on page 1 within 90 days. Wisdek Failed to fulfil this primary undertaking condition of the abovementioned Contract Agreement.
You are hereby notified that unless Wisdek fulfils its agreement to rank the keywords and all their derivatives on page 1 as agreed within 7days of the date hereof then Wisdek will be deemed to have repudiated the agreement through deceptive and misleading conduct and the agreement shall be at an end. If Wisdek does so repudiate the agreement then we reserve all of our rights to damages, refund or compensation including the following;
1. Full Refund of all money paid to Wisdek and/or
1. To deal with Trade Practices on the the issues of misleading, false and deceptive representations made by Wisdek personnel both verbally and in writing via email correspondence and/or
2. To take legal action against Wisdek for Damages caused by Breach of Duty under the contract agreement so that we may be restored to the economic position we expected from performance of the condition promised.
3. To make a complaint to the Office of Fair Trading via their online complaints blog site. http://www.fairtrading.nsw.gov.au/About_us/News_and_events/Media_releases_media_releases1119_new_blog_for_consumers.html
Information that has prompted this Notice:
I was called by a representative from your service department last evening who informed me that Wisdek would not honour its agreement to rank the derivatives of the keywords that I supplied as per the original agreement with Tommy Anderson and by Karen Zometa.
Further Details of Misleading or Deceptive Conduct
1. Wisdek via its representatives Tommy Anderson and Karen Zometa agreed to rank all the derivatives of the keywords supplied by John Corrick on page 1 within 90 days.
2. This was confirmed in email correspondence from Karen Zometa by email on 23/03 at 2.10am
3. Tommy called me last week and reaffirmed that the agreement was for all the derivatives of the keywords and said he would be managing the account personally from now on to make sure that the agreement was fulfilled by Wisdek as per our original agreement. Since then I have emailed Tommy twice and he has not responded. However, I have had a call from Wisdek service to say that Wisdek will not honour the agreement.
The keywords supplied to Wisdek by John Corrick were tailored specifically according to the representations made for the derivatives of those keywords and not for those keyword stings themselves. These keywords by themselves are absolutely useless as they do not represent what people would normally type when searching for our product. It would be a very simple procedure to have such long string keyword strings ranking No.1 in virtually no time.
Be advised that making false statements to sell a service or product and the publication of any statements which are false, misleading or deceptive (via any media including websites or email) is strictly prohibited under the law. More Specifically,
Section 41 of the Fair Trading Act provides that when a person makes a representation about any future matter without having reasonable grounds to do so, the representation shall be taken to be misleading. It is an offence against the Act if in the course of performing functions a person is induced to enter into any contract or arrangement through:
• a statement, representation or promise which is false, misleading or deceptive (whether to the knowledge of the person or not) or by
• concealing a material fact (whether intended or not).
Sincerely
John Corrick
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