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Partnership Agreement Dispute Resolution
Summary
If Clause 16.3 of your agreement explicitly states a 30-day repayment period upon termination, you are within your rights to adhere to it. Document all communications and evidence of your work. Consult a lawyer to interpret the contract terms and address any threats or fraud allegations. You may also consider filing a case for defamation, breach of contract, or misuse of personal information.Full Conversation
I am writing to seek your legal insights and advice regarding a dispute I am currently involved in with a company called Quotevibe LLC, owned by Ms. Emilie Nana. Below, I will provide a detailed breakdown of the situation for your review.
*. **Background Information**
On **September *, ***, I entered into a **Partnership Agreement** with Quotevibe LLC, represented by Ms. Emilie Nana. The agreement was centered around promoting her company's AI-powered legal tools and security products through email marketing campaigns. The partnership involved me providing marketing services, including generating leads, email marketing campaigns, and content optimization.
*. **The $* Advance Payment**
As part of the agreement, I was provided a **$* advance payment** to cover expenses for marketing tools and related costs. This advance was intended to be reimbursed through commissions generated from sales during the active partnership. The Partnership Agreement also included a ***-day repayment window** in case of termination, according to **Clause *.*** of the agreement.
*. **Alleged Breach of Agreement**
On **September *, ***, Ms. Nana terminated the partnership, accusing me of several violations, including:
- **False completion of tasks**: She claims that I did not complete the email campaign setup as agreed, despite my tracking of tasks in Asana and communications that the email templates were ready for the scheduled campaign launch.
- **Misrepresentation of skills**: She alleges that I misrepresented my skills in sales and marketing, despite her previous acknowledgments of my assistance in various areas of the project, including lead generation, platform integration, and content optimization.
- **Misuse of funds**: She claims that I misused the $* advance, stating that the marketing tools were never purchased. However, I had planned to use the tools after completing the first batch of *,* leads she already had in her possession, and I had communicated this to her.
*. **Termination and Penalty Clause**
Upon terminating the contract, Ms. Nana cited **Clause *** of the agreement, which imposes a **$*,* penalty** for gross misconduct. She has since requested that I pay ***% of the $*,* ($*,*)** within * hours, instead of the original $* advance repayment.
She has also threatened to escalate the matter by reporting me to the **Economic and Financial Crimes Commission (EFCC)** in Nigeria and the **FBI** in the United States. She further claims that she has already filed reports and will continue legal action unless the $*,* is paid immediately.
*. **Concerns Regarding Personal Information**
As part of the agreement, I provided Ms. Nana with personal identification documents (including a passport and utility bill) for **Know Your Customer (KYC)** purposes. Given the current situation and her escalating demands, I am concerned about the misuse of my personal documents.
*. **Current Position**
At this point, I believe that:
- I have acted in accordance with the terms of the agreement, tracked my progress on the tasks, and kept Ms. Nana informed throughout.
- Her demands for $*,* and threats to pursue legal action in multiple jurisdictions are unreasonable and seem to be aimed at intimidation.
- I am prepared to refund the $* advance within the *-day window, as outlined in **Clause *.***, but I am unwilling to pay the $*,* penalty, which I believe is unjustified.
*. **Request for Legal Insights**
Given the details of the situation, I would appreciate your legal opinion on the following:
- How should I proceed in light of the termination and her escalating demands?
- Is there any risk of legal action being successfully pursued in either Nigeria, the U.S., or Switzerland based on the information provided?
- What are my rights concerning the protection and possible misuse of the personal identification documents I submitted?
- Should I pursue any legal actions to protect myself from her claims?
Thank you in advance for your time and assistance. I look forward to your guidance on how best to resolve this matter.
Sincerely,
**Oluotanmi Rasheed Oluwatosin**
Hi Oluotanmi,
Here's some general advice for your situation:
*. Immediate Steps:
- Document all communications with Ms. Nana.
- Retain evidence of your task completions and communications.
*. Legal Risks:
- The $*,* penalty seems excessive and may not be enforceable.
- Jurisdiction matters: Consult with a lawyer familiar with cross-border agreements.
*. Personal Information:
- Request written confirmation from Ms. Nana that your personal documents will not be misused.
*. Seek Legal Counsel:
- Given the complexity, it's advisable to consult with a lawyer in your jurisdiction and potentially in the U.S. and Nigeria.
What's your current location? This could help tailor the advice better.
Here's some general advice for your situation:
*. Immediate Steps:
- Document all communications with Ms. Nana.
- Retain evidence of your task completions and communications.
*. Legal Risks:
- The $*,* penalty seems excessive and may not be enforceable.
- Jurisdiction matters: Consult with a lawyer familiar with cross-border agreements.
*. Personal Information:
- Request written confirmation from Ms. Nana that your personal documents will not be misused.
*. Seek Legal Counsel:
- Given the complexity, it's advisable to consult with a lawyer in your jurisdiction and potentially in the U.S. and Nigeria.
What's your current location? This could help tailor the advice better.
Nigeria
Hi Oluotanmi,
Here's what you should consider:
*. Immediate Actions:
- Continue documenting every communication and work record.
- Notify Ms. Nana in writing that you intend to repay the $* advance as per Clause *.*.
*. Legal Risks:
- The $*,* penalty is likely unenforceable due to its exorbitant nature.
- Jurisdiction is complex; consult a lawyer with expertise in cross-border agreements and both Nigerian and U.S. laws.
*. Personal Information:
- Demand written assurance that your personal documents won't be misused.
*. Seek Legal Counsel:
- Given the gravity, consult a lawyer in Nigeria and possibly in the U.S.
Would you like help finding a lawyer or additional guidance on any specific part of this issue?
Here's what you should consider:
*. Immediate Actions:
- Continue documenting every communication and work record.
- Notify Ms. Nana in writing that you intend to repay the $* advance as per Clause *.*.
*. Legal Risks:
- The $*,* penalty is likely unenforceable due to its exorbitant nature.
- Jurisdiction is complex; consult a lawyer with expertise in cross-border agreements and both Nigerian and U.S. laws.
*. Personal Information:
- Demand written assurance that your personal documents won't be misused.
*. Seek Legal Counsel:
- Given the gravity, consult a lawyer in Nigeria and possibly in the U.S.
Would you like help finding a lawyer or additional guidance on any specific part of this issue?
Am I guilty or innocent?
Oluotanmi, determining guilt or innocence isn't straightforward without a thorough legal review. However, based on the details provided:
- You have documented your compliance with the agreement.
- Her demands seem excessive and possibly unenforceable.
- The threat of reporting to authorities could be intimidation.
- You have documented your compliance with the agreement.
- Her demands seem excessive and possibly unenforceable.
- The threat of reporting to authorities could be intimidation.
Next Steps:
*. Consult a Lawyer: Seek immediate legal advice in Nigeria to assess your risks and potential defenses.
*. Respond in Writing: Notify her formally of your willingness to repay the $* advance.
*. Protect Personal Data: Request written assurance about the use of your personal documents.
Would you like assistance in finding a lawyer or more specific advice on any part of this issue?
*. Consult a Lawyer: Seek immediate legal advice in Nigeria to assess your risks and potential defenses.
*. Respond in Writing: Notify her formally of your willingness to repay the $* advance.
*. Protect Personal Data: Request written assurance about the use of your personal documents.
Would you like assistance in finding a lawyer or more specific advice on any part of this issue?
Am I right to stand on the 30days repayment window? Because she said this: As per Clause *.* of the Partnership Agreement, the $* advance was provided under the assumption that the contract was active and commissions would be generated to cover it. Now that the partnership has been terminated immediately, I request that you return the $* within the next * hours rather than the 30 days referenced in your email.
This is because the *-day clause only applies if the contract remains active while commissions are being accrued. Since the contract has now been terminated, the advance is due for immediate repayment.
Failure to return the $* will be considered a violation of the Agreement and may be deemed as fraud, given that you would be retaining the funds without fulfilling the obligations of the contract. As such, this would trigger the $*,* penalty for breach of contract under Clause *.
Hi Oluotanmi,
Here's some general advice on your situation:
*. Clause *.* Interpretation:
- If the clause explicitly states a *-day repayment window upon termination, you should stand by it unless there's a specific exception mentioned.
*. Immediate Actions:
- Respond in writing, reiterating your intention to repay within 30 days as per the agreement.
- Document her demands and your responses.
*. Legal Counsel:
- Consult a lawyer to interpret the specific terms and any potential risks. Given her escalating threats, professional legal advice is essential.
Do you need help finding a lawyer in Nigeria?
Here's some general advice on your situation:
*. Clause *.* Interpretation:
- If the clause explicitly states a *-day repayment window upon termination, you should stand by it unless there's a specific exception mentioned.
*. Immediate Actions:
- Respond in writing, reiterating your intention to repay within 30 days as per the agreement.
- Document her demands and your responses.
*. Legal Counsel:
- Consult a lawyer to interpret the specific terms and any potential risks. Given her escalating threats, professional legal advice is essential.
Do you need help finding a lawyer in Nigeria?
She said I retained the funds without fulfilling the obligations of the contract
Hi Oluotanmi,
Here's what you should consider:
*. Clause *.* Interpretation:
- If the agreement clearly states a *-day repayment period upon termination, you should adhere to it.
*. Immediate Actions:
- Reiterate your willingness to repay within 30 days, citing Clause *.*.
- Document all communications and transactions meticulously.
*. Legal Counsel:
- Seek immediate legal advice to interpret the contract terms and address her demands and threats.
Would you like assistance in finding a lawyer in Nigeria or any further guidance?
Here's what you should consider:
*. Clause *.* Interpretation:
- If the agreement clearly states a *-day repayment period upon termination, you should adhere to it.
*. Immediate Actions:
- Reiterate your willingness to repay within 30 days, citing Clause *.*.
- Document all communications and transactions meticulously.
*. Legal Counsel:
- Seek immediate legal advice to interpret the contract terms and address her demands and threats.
Would you like assistance in finding a lawyer in Nigeria or any further guidance?
So i am right to stick by 30 days
Hi Oluotanmi,
Yes, if Clause *.* explicitly states a *-day repayment period upon termination, you are within your rights to adhere to it. Here's what you should do:
*. Immediate Actions:
- Respond in writing, reiterating your intention to repay within 30 days as per Clause *.*.
- Document all communications and your compliance with the agreement.
*. Seek Legal Counsel:
- Consult a lawyer in Nigeria for advice on interpreting the contract and handling her threats.
Would you like help finding a lawyer in Nigeria?
Yes, if Clause *.* explicitly states a *-day repayment period upon termination, you are within your rights to adhere to it. Here's what you should do:
*. Immediate Actions:
- Respond in writing, reiterating your intention to repay within 30 days as per Clause *.*.
- Document all communications and your compliance with the agreement.
*. Seek Legal Counsel:
- Consult a lawyer in Nigeria for advice on interpreting the contract and handling her threats.
Would you like help finding a lawyer in Nigeria?
How do I tackle the fraud allegations she's accusing me of
Hi Oluotanmi,
Here's some general advice on tackling the fraud allegations:
*. Immediate Actions:
- Document Everything: Ensure you have a detailed record of all communications and tasks completed.
- Written Response: Reiterate your position on the *-day repayment period as stated in Clause *.*.
*. Legal Risks:
- Claims of Fraud: If you have evidence of fulfilling your obligations, this strengthens your defense against fraud claims.
- Jurisdiction: Fraud allegations could complicate matters if pursued in multiple jurisdictions.
*. Seek Legal Counsel:
- Consult a Lawyer: Given the gravity of fraud allegations, seek immediate legal advice in Nigeria to understand your rights and defenses.
Would you like help finding a lawyer in Nigeria or further assistance on another aspect?
Here's some general advice on tackling the fraud allegations:
*. Immediate Actions:
- Document Everything: Ensure you have a detailed record of all communications and tasks completed.
- Written Response: Reiterate your position on the *-day repayment period as stated in Clause *.*.
*. Legal Risks:
- Claims of Fraud: If you have evidence of fulfilling your obligations, this strengthens your defense against fraud claims.
- Jurisdiction: Fraud allegations could complicate matters if pursued in multiple jurisdictions.
*. Seek Legal Counsel:
- Consult a Lawyer: Given the gravity of fraud allegations, seek immediate legal advice in Nigeria to understand your rights and defenses.
Would you like help finding a lawyer in Nigeria or further assistance on another aspect?
My lawyer is involved and sent this to her: I am Abdulhamid Abdulkareem, a Barrister and Solicitor of the Supreme Court of Nigeria with call number SCN131603.
I am the legal representative of Oluotanmi Rasheed Oluwatosin who shall be referred to as my client.
Upon your request to my client to get a legal counsel, he forwarded you my email but you decided to question my personality without carrying due diligence, an attitude which is unbecoming of someone who claims to have a legal background.
My client has exhaustively defended himself against the claims contained in your email dated 17th September, * and I wouldn't want to make this email lengthy by doing the same.
But it is most noted that the law is trite, that a document speaks for itself but it is shocking that you have refused to obey the rule of law in your engagement with my client.
My client had offered you pro Bono services and you had acknowledged his expertise prior the contract entered with him on 10th September,*.
It comes as a shock that you suddenly decided to terminate the agreement but I acknowledge that the law permits you to do so.
My client is ready to refund your $* but will only do so within the time frame stated in the Partnership agreement dated 10th September, *, as drafted by you.
My client is ready to settle this matter amicably but any further attempt to intimidate by client with legal action won't be tolerated.
Any further attempt to do so won't be treated lightly as I won't fail to file a petition against you and your business to the appropriate authorities, be warned!
Hi Oluotanmi,
Given that your lawyer is actively involved and has communicated your position firmly, you are in a strong stance. Here’s some additional advice:
*. Immediate Actions:
- Continue to document all communications meticulously.
- Ensure you comply with all agreed terms in the contract.
*. Handling Fraud Allegations:
- Reiterate your compliance with the contract and the *-day repayment term.
- Collect all evidence of work done to counter fraud claims.
*. Legal Counsel:
- Since your lawyer is already involved, keep him updated with any new developments.
Would you like further assistance on any specific aspect of this case, or any other concerns you have?
Given that your lawyer is actively involved and has communicated your position firmly, you are in a strong stance. Here’s some additional advice:
*. Immediate Actions:
- Continue to document all communications meticulously.
- Ensure you comply with all agreed terms in the contract.
*. Handling Fraud Allegations:
- Reiterate your compliance with the contract and the *-day repayment term.
- Collect all evidence of work done to counter fraud claims.
*. Legal Counsel:
- Since your lawyer is already involved, keep him updated with any new developments.
Would you like further assistance on any specific aspect of this case, or any other concerns you have?
She has even blocked me on our chatting platform
Hi Oluotanmi,
It seems like you’re handling the situation well with your lawyer’s involvement. Here’s what you should do next:
*. Immediate Actions:
- Continue documenting all communications and evidence of your work.
- Ensure your lawyer is kept updated with any new information.
*. Legal Counsel:
- Your lawyer should formally notify Ms. Nana about the *-day repayment period and your readiness to comply.
- He may also need to consider any legal actions to protect your personal information and counter her threats.
Would you like any specific guidance on further steps or how to protect your personal information?
It seems like you’re handling the situation well with your lawyer’s involvement. Here’s what you should do next:
*. Immediate Actions:
- Continue documenting all communications and evidence of your work.
- Ensure your lawyer is kept updated with any new information.
*. Legal Counsel:
- Your lawyer should formally notify Ms. Nana about the *-day repayment period and your readiness to comply.
- He may also need to consider any legal actions to protect your personal information and counter her threats.
Would you like any specific guidance on further steps or how to protect your personal information?
Can I also file a case against her?
Yes, you can consider filing a case against her. Here’s what you should consider:
*. Grounds for Legal Action:
- Defamation: If her accusations are false and harm your reputation.
- Breach of Contract: If she has violated terms of the agreement.
- Misuse of Personal Information: If there's a risk of your personal data being misused.
*. Immediate Steps:
- Document Evidence: Gather all communications and evidence of your work.
- Consult Your Lawyer: Discuss the grounds and potential outcomes of filing a case.
Would you like more specific advice on any of these points or assistance in another area?
*. Grounds for Legal Action:
- Defamation: If her accusations are false and harm your reputation.
- Breach of Contract: If she has violated terms of the agreement.
- Misuse of Personal Information: If there's a risk of your personal data being misused.
*. Immediate Steps:
- Document Evidence: Gather all communications and evidence of your work.
- Consult Your Lawyer: Discuss the grounds and potential outcomes of filing a case.
Would you like more specific advice on any of these points or assistance in another area?
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