Miss representation of fraud

[innavalin]

Right, i need to explain this first.

I sold some guy hosting, i said if the hosting was down or one week i would refund his money, it was down for 5 days and is now back up.

He reported me to fraud.org, and now my site is on the fraud list for no reason.

My tos are herer http://evasenet.com, clearly states no refunds will be given.

i'm considering legal action, what are your views?

 

[-NC-]

i would refund his money, it was down for 5 days

My tos... ...clearly states no refunds will be given

On your homepage:

Whatever problem you have , we will find a solution, or refund you with your money back , as of yet we have found 0.00 problems with our servers

This seems misleading. I do not think you will succeed with legal action.

 

[Dave_Z]

Something you might find interesting about that site:

http://www.fraud.org/qanda/What_happens_with_my_complaint.htm

We transmit the information you provided to the appropriate federal, state, and local law enforcement agencies. They will handle it just as if you had contacted them directly. Since most agencies cannot take legal action on every individual complaint, they look for patterns of fraud. That’s why it’s so important to report it. We can’t make any guarantees about what will happen, but we know that the information that consumers provide is essential for stopping fraud. Since we do not conduct the investigations, we cannot give you a status report. If an agency wants more information or has something to tell you, it will contact you directly.

Where's the fraud list? I'd otherwise ignore them.

 

[jberryhill]

I sold some guy hosting, i said if the hosting was down or one week i would refund his money, it was down for 5 days and is now back up.

And you couldn't give him a refund, eh? Because, Lord knows, he should have been thrilled to have been down for 5 days, and by golly if you bent an inch and provided a refund for anything less than the full 7, then the bowels of the earth would just open up and swallow us all whole.

 

[Acroplex]

I looked for Miss Representation but she was nowhere to be found.

 

[BeZazz]

I looked for Miss Representation but she was nowhere to be found.

LMAO

there was a reported sighting of her at

I sold some guy hosting, i said if the hosting was down or one week i would refund his money, it was down for 5 days and is now back up.

 

[AdoptableDomains]

Right, i need to explain this first.

I sold some guy hosting, i said if the hosting was down or one week i would refund his money, it was down for 5 days and is now back up.

To many people in business, 5 days is a week. In web based time, 5 days is an eternity if your business and email is down.

He reported me to fraud.org, and now my site is on the fraud list for no reason.

You state on your site and "99.949% uptime Guaranteed". By my calculation, 5 days down in a month of 30 days is only 83% uptime. Somewhere your math doesn't add up to your guarantee. It's not too much a stretch to see why they think your "guarantee" is false or fraudulent.

You also state "Whatever problem you have , we will find a solution, or refund you with your money back , as of yet we have found 0.00 problems with our servers." Also, even with 99.949 uptime, the math there would be 0.051 problems, not 0.00. Read that sentence and you'll see why he might think it was fraud. Maybe not intentional, but I don't think you kept your word. It doesn't seem like you've kept your word about "finding a solution, or refund".

Seems a little short sighted to withhold a few dollars for a months service to lose many potential future months income.

My tos are herer http://evasenet.com, clearly states no refunds will be given.

Even if you don't give refunds, a good businessperson might give the following month at half price or free, or maybe some extra bandwidth or disk space.

i'm considering legal action, what are your views?

I think you would be wasting your time and money.

Also, How can you afford to give 150GB of disk space and 70GB of data transfer for $2.50 per month? I'm a reseller myself of hosting and that just sounds like it can't be done for that price. I might take you up on that deal myself just for the storage space.

Other advise: you have several bad links (forum, staff, support) on your main page, plus your real uptime (98.445) now doesn't match your guarantee.

I'm guessing you have good intent, but I think you need to look at it from the other guy's point of view and maybe rethink your business plan and customer sevice strategy.

 

[RJ]

Your TOS states "You are entitled to a 7 day moneyback guarantee, once 7 days have passed, no refunds will be given."

The way I read that is a new customer can ask for a refund anytime within their first seven days. It has nothing to do with uptime.

And here are quotes from your homepage --

"99.949% uptime Guaranteed!"

and

"Whatever problem you have , we will find a solution, or refund you with your money back"

By your own admission of 5 days downtime and refusal to give refunds, I'd say you more than earned your way onto the fraud.org list.

Good luck.

RJ

 

[innavalin]

He has been a customer 7 days, and we have had scheduled downtime.

 

[Tippy]

Sorry to say but your in the wrong, you say a refund is available right on your site, as far as I'm concerned you dont have a leg to stand on and to think it was only max $4 you had to refund...

5 days of scheduled downtime... that isnt good.

 

[Makis.TV]

5 days!!!!
tos or not u must give something back

 

[BeZazz]

He has been a customer 7 days, and we have had scheduled downtime.

5 days of scheduled downtime.... did you schedule a natural disaster to hit the data center?

 

[jberryhill]

He has been a customer 7 days, and we have had scheduled downtime.

Well, he's not going to be a customer anymore.

I can see why, if 5 out of his first 7 days you were down, he would believe he had been ripped off.

 

[innavalin]

he has been a customer for longer than 7 days, he has been a customer for 3 months 1 week and 2 days.

5 days of scheduled downtime.... did you schedule a natural disaster to hit the data center?

We were installing cpanel 11 for your information.

 

[angisson]

he has been a customer for longer than 7 days, he has been a customer for 3 months 1 week and 2 days.



We were installing cpanel 11 for your information.

It takes 5 days to upgrade 1 script?

 

[innavalin]

its not an upgrade its a uninstall then and install, plus we had to configure the server, backup all of the accounts and upload it, and its a few gigs in size.

 

[verbster]

its not an upgrade its a uninstall then and install, plus we had to configure the server, backup all of the accounts and upload it, and its a few gigs in size.

What did you do on the other four days?

 

[Jortex]

its not an upgrade its a uninstall then and install, plus we had to configure the server, backup all of the accounts and upload it, and its a few gigs in size.

Unless you were changing from a different control panel thats rubbish.

It takes all of 10 minutes to upgrade from cpanel 10 to 11 and results in NO DOWNTIME whatsoever.

Myself (and i assume 1000's others) have already done this without problems.

 

[BeZazz]

We were installing cpanel 11 for your information.

well you or whoever done it obviously had no idea at all of what you were doing and shouldn't have been doing it in the first place, 5 days downtime is an eternity when it comes to hosting

 

[DNQuest.com]

5 days is too long for any hosting company to be down regardless of the situation.

Did you email all your customers about the upgrade beforehand?

I would still give a refund and give extra hsting time. being down 16% of a month is wa too long outside of a natural disaster.