I don't think it's fraud. It's breach of contract.
In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual...
The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people or entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g. in science, to gain prestige rather than immediate monetary gain.
http://en.wikipedia.org/wiki/Fraud
Types of criminal fraud include:
bait and switch ...
*false billing*