Radar: ‘SME Clickservice misleads customers’. What can you do? 

According to Radar, SME Clickservice misleads its customers: what can you do?

The program Radar of AVRO TROS dedicated in November 2023 a broadcast to a troubling trend within the world of Internet marketing. Forbidden modes of acquisition are used to get self-employed people to sign an agreement without being aware of the consequences of their signature. They are then bound by a multi-year contract and are subject to a monthly payment obligation.  

Radar takes a closer look at the company SME Clickservice in particular. This in connection with rumors of deceptive practices. Radar concludes that (also) SME Clickservice is misleading its customers. According to Radar, Zzp'ers are underhandedly persuaded to enter into a two-year contract. It is stated that MKB Clickservice will provide marketing services for a monthly payment ranging from €200 to €500.  

Lexys Attorneys at Law explains what goes wrong prior to, but more importantly, after.  

Telemarketing ban protects against unwanted sales practices 

Since July 1, 2021, it has been prohibited in the Netherlands for companies to contact consumers by telephone unsolicited to offer products or services. This ban was instituted to protect citizens and entrepreneurs without legal personality (such as self-employed workers) from aggressive and undesirable sales practices. Only if a person is already a customer of a company or has given explicit permission, this is still allowed. In addition, this prohibition applies not only to consumers, but also to unincorporated entrepreneurs, such as sole traders and general partnerships. 

However, the entrepreneur seems to care little about this ban. In fact, according to Radar, the company actively looks up the telephone numbers of self-employed people and then makes unsolicited offers for Internet marketing services. This violates telemarketing laws and is acquisition fraud mentioned. 

Error by agreement with SME Clickservice

Radar explains how this works. After the telephone contact, SME Clickservice quickly makes an appointment with the potential client. During this conversation, promises are often made to persuade the potential client to sign. These promises sound attractive, but are often not achievable or not fulfilled.  

This is even more compelling now that oral promises often do not match the content of the final written contract. This leads to customers being stuck with a contract that is different from the one they were promised.  

Often, then, if the self-employed person had a correct representation, he or she would never have signed.  

Can you void such an agreement? 

The legislation offers a helping hand to self-employed persons. When a contract is created as a result of a wrong assumption of things, that contract can be voided on the grounds of error (Article 6:228(1) BW).  

There are three main conditions for nullification on the grounds of mistake: 

1. misrepresentation: the contract was made on the basis of false information, for example, because the customer was misled by verbal commitments that did not correspond to the written contract; 
2. decision making with correct information: if the customer had known the true facts, he or she would not have signed the agreement; 
3. one of the three grounds for error as mentioned in article 6:228 paragraph 1 BW: one of those grounds is that the error is due to an information provided by an opposing party. 

This legal protection gives aggrieved parties the ability to void their agreement.  

On March 29, 2023 (ECLI:NL:RBMNE:2023:6992) granted an action to set aside such an agreement on the grounds of mistake. In this case, MKB Clickservice's customer was under the impression that not the standard text from the agreement would apply, but that instead the advertising budget was included in the monthly fee. That customer assumed this because it was verbally promised by MKB Clickservice's representative.  

Be alert when making telephone sales

Companies like SME Clickservice respond to the need of small businesses to improve their online visibility and findability, but do so unfairly, according to Radar and the court in the aforementioned case. As a result, entrepreneurs err when signing the agreement. By being aware of your rights and not being misled by nice words, you can protect yourself from the unwanted consequences of a concluded contract. 

Are you about to sign a contract for marketing services? Take the time to read through everything carefully, ask for written confirmations of verbal commitments, and don't be afraid to seek legal advice or simply not sign if something isn't right. This will prevent you from getting stuck in an agreement you don't really want.  

Have you made a deal with SME Clickservice or a similar company that is not what you expected? Please feel free to contact with us. Lexys can assess with you whether a claim of error or other action is likely to succeed.