Advice on invoice conflicts: do I pay or not?

Questioner

Earlier this year I signed a quote for delivery of services online. (Relevant party gets account and password to change and maintain online settings). The offer does not contain any general terms and conditions and the site also does not mention any general terms and conditions. The following is noted: 'We do not have general terms and conditions! These are also not mandatory, the conditions at the bottom of the quotation are binding so the invoice must be paid.' The quotation contains the following sentence next to the offer: 'The monthly maintenance can be cancelled on a monthly basis after 6 months with a notice period of 30 days' A fixed amount is invoiced in arrears each month. On December 4th I indicated by email that I wish to end the collaboration. On December 4th I also removed the online. So no more work can take place from December 4th. This week I did receive an invoice for the last month. The party in question is referring to the one-month notice period. However, in the past month the party has not reported that the work cannot be carried out. This was apparently a conscious choice. Am I then obliged to pay this invoice? After all, they have not carried out any work, have not reported that the work could not be carried out and, in addition, they do not have access to general terms and conditions.

Lawyer

If the general terms and conditions do not apply or have not been provided, the other party cannot rely on them. However, you must adhere to the notice period for which the other party is entitled to charge the invoice in accordance with the signed quotation. I also understand that you have terminated the online facility as of 4 December, meaning that the other party no longer had the opportunity to change the settings. In that case, this can also be used against you. In short, the other party is, given the explanation, in a better position to enforce payment.