Kamloops hockey centre claimed negative Google review reason not to pay marketing firm | iNFOnews | Thompson-Okanagan's News Source
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Kamloops hockey centre claimed negative Google review reason not to pay marketing firm

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A Kamloops hockey training centre, that hired a marketing company to promote it on social media, has accused it of wrongdoing after the firm left it a negative review – on social media.

According to a Feb. 14 BC Civil Resolution Tribunal decision, Kamloops Synergy Hockey Training Centre accused Fallsway Marketing and Media of defaming it and leaving a negative Google review after the two companies got into a spat over an unpaid bill.

The decision said Synergy Hockey Training Centre hired Fallsway Marketing and Media in late 2022 to provide social media marketing services to Synergy for $1,837 a month.

There was no written contract but an oral agreement was made.

The decision said Synergy Hockey Training Centre only paid the first two invoices before it stopped paying.

With an outstanding bill of more than $5,500, the two parties came to an agreement where the hockey centre would pay $600 every two weeks.

However, after six weeks the training centre stopped paying.

The marketing company then took its client to the online small claims court.

Fallsway Marketing and Media argued Synergy Hockey Training Centre owned $3,712 for unpaid work it had done.

In the decision, Synergy Hockey Training Centre admitted it had difficulty "meeting its financial obligations" but blamed Fallsway Marketing and Media for a multitude of issues.

The training centre said the contract was unclear, that Fallsway Marketing and Media breached the contract terms about revenue and social media growth, and it also missed covering one of its events.

The Tribunal pointed out it was inconsistent to say the contract wasn't clear, and then claim its terms had been breached

The Tribunal also didn't buy the other claims.

READ MORE: Judge clears way for Kamloops to borrow $275M, resume work on new civic facilities

"The parties’ correspondence lacks any mention of specific revenue or growth targets or online coverage of the specific event," the Tribunal ruled.

While Synergy Hockey Training Centre claimed the marketing company's work was deficient, in an odd move, it presented data to the Tribunal which showed Facebook and Instagram followers had increased during the period when it hired Fallsway Marketing and Media.

"Consistent with this, the correspondence shows that Synergy was generally pleased with Fallsway’s work," the Tribunal said. "When Synergy raised the issue of the payment plan it said this was because it had difficulty meeting its financial obligations. It did not say Fallsway’s work was deficient."

The Tribunal ruled the contract was clear enough to be enforceable and that both parties understood their obligations and "voiced no confusion about them."

The hockey training centre also took issue with the way the marketing company served the court documents saying it was done in an "unprofessional manner."

However, the Tribunal ruled that it hadn't supported the allegation with any evidence, and even if it was true, the training camp hadn't provided any evidence about lost clients or sales.

Synergy Hockey Training Centre then claimed Fallsway Marketing and Media should have spoken to them before taking legal action.

Again, the Tribunal dismissed the argument saying there was no binding contract restricting Fallsway Marketing and Media from going after the money.

Synergy Hockey Training Centre then claimed Fallsway Marketing and Media defamed it, and unprofessionally left a negative Google review. The decision didn't say what exactly the company said to defame the hockey centre and the Tribunal pointed out that regardless it has no jurisdiction over libel and slander.

And it didn't get far with its negative Google review argument.

"There is also no contract term in evidence that prevented Fallsway from leaving such a review," the Tribunal ruled.

"In summary, Fallsway provided the contracted for services and Synergy has failed to show a reason to deny payment," the decision read.

Ultimately, the Tribunal ordered Synergy Hockey Training Centre to pay $4,187 including interest and fees.

It has 30 days to pay.


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