Legal Opinion
First, you are not under any obligation to activate a premium contract as per the User Agreement. The only provision that deals with premium contract is Section 3.10 of the User Agreement which states in part as follows: “Please note that users may experience delay in profit output when on a basic or basic-premium contract.”
However, there is a provision that states as follows: “Due to the nature of BBCSTATICMINER, transactions cannot be reversed or cancelled.”
Section 7.2 of the User Agreement states in part as follows: “Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the BBCStaticMiner Site are your sole responsibility and we shall have no liability for such decisions.” The Customer Service Rep advised you to cancel the contracts to get a better one. The advice did not come from the BBCStaticMiner Site, but from the Customer Service Rep, acting on behalf of BBCStaticMiner Site. This means that BBCStaticMiner are liable for the advice given to you by the Customer Service Rep.
Section 8.2 of the User Agreement provides for the procedure to be followed when you have a complaint with BBCStaticMiner. It will involve the support team. This is the first step you should take. You will have to properly outline your grievances and ask them to resolve them in a way that favors you. If that fails, you can go for the arbitration process. An arbitrator will try as much as possible to ensure that you come to a resolution. During the arbitration process, demonstrate that BBCStaticMiner’s actions are unfair to you. Do not back down on any of your demands.
If arbitration fails, you also have the option of going to court. However, the dispute will be resolved using Belgian Contract Law. The User Agreement provides thus: “Any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium and the courts of Belgium shall have exclusive jurisdiction to settle any such dispute or claim.” You will be able to seek a remedy in equity.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.