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Need your Opinion on Dispute with existhosting.com

I

[ih]Demetris

New Member
Hello guys i really need some feedback from you on this issue. ------------.com is the firm im having a issue with. Ok ill try to explain as coherently as possible.

Ok i ordered a server from these guys to start out with using my paypal account. For my second mont of service with this provider i used my credit card as it was easier for me than transferring funds back to the paypal account and waiting (Stupid Move) Everything was fine and dandy until last month when i place a order for a additional 2 servers for clients via paypal as well. No problems there. I sent them a request to cancel 2 of the servers because i found better servers at the same price so why not go for the better deal. The ticket is no longer within my client area and they are insisting that they never recieved it.

So on June 1 after i have moved servers i check my bank account statement and i see that they have billed me for the amount of $343.74. I immediately contact them regarding the billing screwup and see if we can get it straightened out. I wont spout off all the details but i have attached a screenshot of everything that was said within the ticket. Their response was pathetic at best and still havent had any updates to this ticket sense June 1 and there reponse was

Code: 
We DO NOT delete any tickets in our system. There was no cancellation sent for those servers. You are entitled to 30 days notice of cancellation. 

As well, please let us know WHY you want to cancel those servers... Is there anything we can do to keep you as a valued customer? 

Thank You

So my main question is when i signed up for the servers as well as the dedicated reseller account i was told there where no contracts involved with these servers. So i took a bit of the knowledge that i learned from around here and read there TOS again. And within it heres a few things that absolutely stunned me..

Code: 
2.2 Termination

Unless otherwise specified in a Service Attachment, following the expiration of a service’s respective term, the term will automatically renew for the length of the initial term (“Renewal Term”) unless cancelled in writing by either party at least 30 days before the expiration of the Term or Renewal Term. We require a 30 Days Notice of Cancellation for all Dedicated Server & Colocation services.

We reserve the right to terminate this Agreement for a violation of our AUP. One party may also terminate this Agreement upon the occurrence of a material breach, which has not been cured by the other party within 30 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action. 

3. PAYMENT

3.1 Credit

During the Term and any Renewal Terms, we may periodically review your credit history. This review may consist of a review of your payment history with us, your broader credit history as reported elsewhere, and the amount of fraud reported to us as originating with your account. By entering into this Agreement, you consent to this review, and the disclosure of your credit history, at our option, to recognized credit agencies.

3.2 Non-recurring Charges

You must pay any non-recurring charges. Payment of these non-recurring charges is a pre-requisite to our obligation to provide services to you.

3.3 Recurring Charges

If you provide us with a credit card, we will bill all charges authorized by this Agreement to that credit card. In addition, we reserve the right to bill that credit card for past due services regardless of whether we regularly billed that credit card in the past. If you choose monthly billing, you are required to keep a valid credit card on file. In case of a credit card or paypal dispute, we reserve the right to bill you for fees charged to us by our credit card processor, plus $200 special processing fee, for disputes initiated by you, which are resolved in our favour.

Now what that basically says to me..is if at anytime you provide them with a credit card they can use it at anytime for any billing they would like. Now as far as the cancellation policy that contradicts their statement of NO CONTRACTS. Every server provider i dealt with in the past, if they stated no contracts thats exactly what it means.

I have filed a chargeback with my credit card company as of this morning, and the servers that i requested to be canceled are still active and i no longer use these machines at all. It seems really strange for a provider to charge someones card at whim without a sending a invoice or even notifying the other party.

What do you all think? Do i have a chance in hell to win this case or am i fighting a uphill battle? Another things that i did notice is with most providers when you register for their services you have to accept their TOS which isnt the case here. It was fairly difficult to locate it on their page as well..Ok rant over what do you think?

Oh domain hosted by them: xsishost.com (server IP:208.65.60.214)
Customer from 2/7 and still a pissed off customer
 
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Forgot to add the screenshot of the ticket ive been going through with them.


4xvk16u.jpg
 
Well not to give any credit to the host, but they may not have worked weekends and that is why no response was given, I know this happens to people..

Do you have the emails with ticket ids etc saying a new ticket was created, if you have those thats hard proof it was done and is fight-able, without that its sorta your word vs theres and they have a system that shows..

Sorry to say that much, I personally believe that you sent a request in, you wouldn't complain unless you did.

Just my updates for now,

Also try sending the company with the name spaced out so we can see it.. may help find old threads about them etc.
 
Looks and sounds pretty shady to me. I would keep pursuing them and the credit card companies. Check out WebHostingTalk and see if there are any issues there. Try to find a contact to the owner and talk to him/her directly instead of trouble tickets.
 
Thanks matt and josh for your input, the name of the the company is EXIST HOSTING, I have left countless voicemails on there support line to no avail. The owner or at least the gentlemen that handles everything seems to be Elazar..Ill look around WHT to see what i can find as well. Ill keep you all updated..
 
Well it looks like they started good, back in 2003 but i guess they got to big and greed started to kick in.
 
Thats what im starting to see as well, im doing some searching on WHT and its really apparent. But i just dont see a company saying that if you pay with a CC that we will use that card for all charges regardles. I did find out another bit of interesting information, they charged my card last month as well but it went un noticed because i thought my wife made the payment for me. Isnt this charging someone without authorization?
 
Well the reason that would have happened was your account when you pay with credit cards, gets set to CC Batch this means every renewal time it will automatically charge the cards.

This is typically something that is done without anyone noticing depending on the gateway (billing system) at any means if you told them not to bill they should have.
 
Thats the kicker i never told them that it was ok to auto-pay from my Credit Card. I used it that once to pay a invoice and they continued to use it from there..
 
Yep, sounds like a CC Batch.. Basically if you don't pay when they run there batch for the night your card is charged.
 
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I have uncensored existhost and existhosting as it has been a couple of years since Elezar last paid a visit ;)
 
Yes any light on this provider would be greatly appreciated. Seems this guy has a extensive history on the net..god i shoulda searched a little harder before going with this guy in the first place?
 
So nothing regarding there organization..

Well then it looks like they just became money hungry not to refund you :(.
 
Believe it or not i havent, not a single word nor update from these guys. Also the my CC provider is still investigating with a max of 10 business days. As soon as i get any kind of update i will let you guys know!
 
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