[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
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..
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
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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