Friday, November 10, 2006

 

Euro Business Guide

Misleading ‘contracts’ sent via Email

When your company starts to get a bad reputation what is the best thing to do, change the name! Or at least spin off a new company with a slightly different name. We first saw the tactic employed by Novachannel AG, where we have had reports of many different names on the mailshots E.g. Camping Guide, Tourist Directory Restaurant Guide, Travel Agency Tourist Directory and Tourist Directory Guide D'Hotels

Next up came the ECG who at the start of this year began mailing new forms under the trading name E.C.G., S.L. the forms had titles such as Industrie En Handel 2006 and Commerce Et Industrie 2006.

Now another guide that has been getting bad press has done it. EU Company Directory has begun sending new forms using the trading name Euro Business Guide See contract (PDF)

This contract is, in our opinion, more misleading than the previous one (which has lead to many disputes). Euro Business Guide are currently sending it via unsolicited email, the emails we have seen originate in Timisoara, Romania, printed versions may also exist.

Analysis of the main misleading elements.
The first thing that meets the eye is the Euro symbol encircled by the stars of the EU, for anyone in a recent Accession Country (Quite possibly reading this in a language other than their mother tongue) this could give the impression that the form has official EEC sanction.

Scan Right and in bold Writing it reads Company Data Control, Hardly an indication that this is an advertising solicitation!

Depending on how you read the document, you will then come across one of 2 bodies of text, let’s give Euro Business Guide the benefit of the doubt and suggest that next you will read.

To update your company pro­file, please print, complete and return this form
(Updating is free of charge). Only sign if you want to place an insertion.


Yes the 'Free of charge' bit is in bold on the form, at least this sentence contains the only indication in the upper part of the document that this purports to be a contract (Only sign if you wish to place an insertion) this is the favoured phrase used by many of the guides featured on stopECG.org. We consider it unacceptably vague; why not state the price here?

Then the block of text on the Left….

Dear Sirs,
We are compiling information for The EURO Business Guide. We wish to be able to inform other companies about your activities and what languages are spoken in your company. In order to list your company in the internet for European businesses, just ­ll in and return the form. Any additional material of your company that can make your pro­le up to date is very welcome. We thank you for your cooperation.

Again, no indication that this purports to be a contract.

But the peach is the bit at the bottom under the word ORDER, We have seen many so-called contracts over the years, never one where the text is as dense as this, printed entirely in capitals the font appears stretched vertically making it almost unreadable without a magnifying glass, in common with most of these contracts the price is written as EURO 965 (A currency symbol is more likely to be spotted than the name as a word)

Go on, read the block of text at 100% magnification and see how quickly you can spot the price! In case you are struggling we transcribed the text below

Finally it should be noted that the email to which this form was attached states:

‘Please print and fill the enclosed document and send it back to:
Euro Business Guide,
P.O. Box 2021,
3500GA UTRECHT,
The Netherlands,
updating is free of charge!

If you want to unsubscribe send an email to
eurobusinessguide@yahoo.com

Within the email there is no mention whatsoever of contracts or costs.

Offer to the director
We wait with interest to see if Euro Business Guide will attempt to enforce this ‘contract’ in the courts and if they do what their arguments will be. Or will they follow the example of the guides they appear to mimic and threaten court action without ever taking it, instead relying on the small percentage of signers who pay up when hassled.

Of course Director, Cornelis Boot, may wish to post a response here. If he would like to defend this document or his companies marketing tactics in general StopECG will gladly publish his comments.

There is advice for people in dispute with EU Company Directory and Euro Business Guide on the stopECG website.

Full Text of the Order Section reads
THE SIGNING OF THIS DOCUMENT REPRESENTS THE ACCEPTANCE OF THE FOLLOWING CONDITIONS AND THE CONDITIONS STATED IN ‘THE TERMS AND CONDITIONS FOR INSERTION’ ON WEB PAGE:
WWW.EUROBUSINESSGUIDE.NET THE SIGNING IS LEGALLY BINDING AND GIVES YOU THE RIGHT OF AN INSERTION ON THE ONLINE DATA BASE OF THE EURO BUSINESS GUIDE, WHICH CAN BE ACCESSED VIA THE INTERNET. AND A CD ROM WITH EUROPEAN BUSINESSES IS GRANTED, ALL IN ACCORDANCE WITH THE CONTRACT CONDITIONS STATED IN ’THE TERMS AND CONDITIONS FOR INSERTION’ ON WEB PAGE: WWW.EUROBUSINESSGUIDE.NET. THE VALIDATION TIME OF THE CONTRACT IS THREE YEARS AND STARTS ON THE EIGHTH DAY AFTER SIGNING THE CONTRACT. THE INSERTION IS GRANTED AFTER SIGNING AND RECEIVING THIS DOCUMENT BY THE SERVICE PROVIDER. I HEREBY ORDER A SUBSCRIPTION WITH SERVICE PROVIDER EU BUSINESS SERVICES LTD ‘EURO BUSINESS GUIDE’. I WILL HAVE AN INSERTION TO ITS DATA BASE FOR THREE YEARS. THE PRICE PER YEAR IS EURO 965. THE SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED EVERY YEAR FOR ANOTHER YEAR, UNLESS SPECIFIC WRITTEN NOTICE IS RECEIVED BY THE SERVICE PROVIDER OR THE SUBSCRIBER TWO MONTHS BEFORE THE EXPIRATION OF THE SUBSCRIPTION. YOUR DATA WILL BE RECORDED. THE PLACE OF JURISDICTION IN ANY DISPUTE ARISING IS THE SERVICE PROVIDER’S ADDRESS. THE AGREEMENT BETWEEN THE SERVICE PROVIDER AND THE SUBSCRIBER IS GOVERNED BY THE CONDITIONS STATED IN ‘THE TERMS AND CONDITIONS FOR INSERTION’ ON WEBPAGE:
WWW.EUROBUSINESSGUIDE.NET

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