A2C2 Partnership says Constellation Software breached its contract
Kyla Asbury Jan. 8, 2013, 5:37pm
CHARLESTON – A2C2 Partnership, LLC, is suing Constellation Software, Inc., for a llegedlybreaching its contract by shutting down A2C2’s website.
On Oct. 13, 2010, the Ann Arbor Country Club, Inc., was placed in Receivership due to its insolvency and on Feb. 7, 2011, 100 percent of its assets were transferred by court order to A2C2, according to a complaint filed Dec. 28 in Kanawha Circuit Court.
A2C2 claims it continued the club’s operations and included in its assets were certain operations and point of sale software that Ann Arbor had purchased from Constellation.
The former Ann Arbor’s contractual agreement with Constellation included a continuing contract for software support for the payment by Ann Arbor of a monthly fee and its agreement with the defendant also included a separate agreement for the hosting and maintenance of the country club’s website for the payment of a separate quarterly web hosting and maintenance fee, according to the suit.
A2C2 claims it did not sign, nor was it asked to enter into any agreements with the defendant after the country club’s assets were transferred. However, it continued to receive software support from the defendant on a month-to-month basis until A2C2 determined the software and its support service were inadequate to meet its needs.
A2C2 was dissatisfied with the software support service and discontinued receiving the support service in 2011. However, after A2C2 stopped making payments for the software support, the defendant abruptly shut down the country club’s website without notice, even though A2C2 was continuing to pay for web hosting services on a separate invoice, according to the suit.
When A2C2 questioned the defendant as to why the website was shut down, the defendant stated that it was requiring payment of one year’s software support services as a condition to its restoring the website, according to the suit.
A2C2 claims it refused to pay for software support services and on Nov. 28, 2011, they reached an agreement.
On Jan. 5, 2012, A2C2 first learned that the defendant had again shut down the website without notice and was interfering with A2C2’s web-based business traffic by directing traffic to a website the defendant established for a non-existent country club, according to the suit.
A2C2 claims the defendant breached its contract and caused it damages.
In refusing A2C2’s requests to cease its unlawful exercise of control over A2C2’s URL and website, the defendant acted maliciously with intent to harm, according to the suit.
A2C2 is seeking compensatory and punitive damages in an amount no less than $50,000 with pre- and post-judgment interest. It is being represented by Stephen L. Gaylock.
The case has been assigned to Circuit Judge Paul Zakaib Jr.
Kanawha County Circuit Court case number 12-C-2572