Originally posted by ChimpMaster
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So if the client continues to use your services, and you continue to provide them without a written contract, then you'd have a reasonably easy time in proving that the contract existed at the time. Where it might be hard is if one party terminates and the other attempts to hold them to a written clause in the previous contract. I'd expect the old terms to apply (after all, that is what is in place that you are both clearly working to), but it might be a harder argument.
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