Company XYZ recieves a request from one of it's customer's to purchase more bandwidth. Company XYZ is a reseller so it goes to its web host to check prices. Company XYZ finds that on the web hosts upgrade page they say "5 gigs monthly traffic - One Time Payment Of - $50"

Company XYZ sees this as, You pay 1 fee and you get 5 gigs monthly traffic (each and every month). (After all thats expensive bandwith if it were monthly, plus the web host is known for its "No monthly fees" reputation. Not to give away the name of the web host already :)

Anyways. Company XYZ fills out a tech support ticket, to make damn sure this is a one time fee. Sure enough they get a reply saying "Yes that is correct. It is a one-time fee."

Company XYZ still doesn't believe it so they call the web host and SPEAK to them directly! They give the same answer!

Company XYZ then proceeds to tell it's client that infact it is a one time fee of $X.XX

Client purchases 15 gigs of bandwidth. All goes well until a month later when, the web host charges the reseller $90. Reseller goes straight to web host and tells them what happened. Shows them the tech support ticket, etc.

Web host does not acknowledge mistake, and gives no apology. Requires Reseller to pay the $90.

You are the reseller. What do you do?

A) You have written proof of them telling you it is a one time fee.
B) Your client is obviously very upset because he spent all this money for 1 months worth of bandwidth.
C) Can you sue your web host?

Originally posted by TribleNet
Company XYZ recieves a request from one of it's customer's to purchase more bandwidth. Company XYZ is a reseller so it goes to its web host to check prices. Company XYZ finds that on the web hosts upgrade page they say "5 gigs monthly traffic - One Time Payment Of - $50"

Company XYZ sees this as, You pay 1 fee and you get 5 gigs monthly traffic (each and every month). (After all thats expensive bandwith if it were monthly, plus the web host is known for its "No monthly fees" reputation. Not to give away the name of the web host already :)

Anyways. Company XYZ fills out a tech support ticket, to make damn sure this is a one time fee. Sure enough they get a reply saying "Yes that is correct. It is a one-time fee."

Company XYZ still doesn't believe it so they call the web host and SPEAK to them directly! They give the same answer!

Company XYZ then proceeds to tell it's client that infact it is a one time fee of $X.XX

Client purchases 15 gigs of bandwidth. All goes well until a month later when, the web host charges the reseller $90. Reseller goes straight to web host and tells them what happened. Shows them the tech support ticket, etc.

Web host does not acknowledge mistake, and gives no apology. Requires Reseller to pay the $90.

You are the reseller. What do you do?

A) You have written proof of them telling you it is a one time fee.
B) Your client is obviously very upset because he spent all this money for 1 months worth of bandwidth.
C) Can you sue your web host?

If you are the reseller:

First thing you do, is resell for someone else. Clearly this host has no business ethics.

The second thing you do is inform the former host of your intention to sue for breach of contract.

If that doesn't get the host to correct themselves, the third thing you do is sue the host.

Good luck and take care,

Brian

MOVE!

Leave ***** as soon as you can, oh man, I assume anyone having trouble is with *****....LOL

Originally posted by bteeter


If you are the reseller:

First thing you do, is resell for someone else. Clearly this host has no business ethics.

The second thing you do is inform the former host of your intention to sue for breach of contract.

If that doesn't get the host to correct themselves, the third thing you do is sue the host.

Good luck and take care,

Brian


How far do I take it though. Do I go as far as saying, "you owe me that 15 gigs a month, because you screwed up and told me the wrong price", or do I just ask for my money back and leave? If I just asked for my money back, I still have an angry client. I'm not afraid of sueing but I need to know what I should be sueing for.

Originally posted by Fred
Leave ***** as soon as you can, oh man, I assume anyone having trouble is with *****....LOL

:) No it isn't *****. Thanks for the warning though.

MOVE - CHARGEBACK / SUE :D

Do NOT do Chargeback AND sue (/ = or) for this is illegal...

(You already got your money back and then you want a refund....errr... :D)

Originally posted by TribleNet



How far do I take it though. Do I go as far as saying, "you owe me that 15 gigs a month, because you screwed up and told me the wrong price", or do I just ask for my money back and leave? If I just asked for my money back, I still have an angry client. I'm not afraid of sueing but I need to know what I should be sueing for.

Disclaimer: IANAL (I am not a lawyer) so take this with a grain of salt.

It sounds like you have a breach of contract case. The host made a commitment to provide a service at a specific cost. You paid that cost, and didn't recieve the service.

You could take this to a local small claims court and have a good chance of winning.

If I were in your shoes, I would move the client to another host. (All your clients, if you have many on this one host.) Then I would file a small claims case for the costs incurred plus your labor in moving your clients. You should be able to recover these as damages.

Take care and good luck,

Brian

Why is it that everyone thinks about suing ???? Chances are you won't get a penny, what if this host is a one-man operation ? Chances are he probably won't even have money to give you a refund !!!!

I would just pack my accounts and leave ASAP. There is nothing worse in this industry than earning a bad reputation. It is just a matter of time before all crooks
go down.

Good luck :)

Originally posted by bert
Why is it that everyone thinks about suing ???? Chances are you won't get a penny, what if this host is a one-man operation ? Chances are he probably won't even have money to give you a refund !!!!

I would just pack my accounts and leave ASAP. There is nothing worse in this industry than earning a bad reputation. It is just a matter of time before all crooks
go down.

Good luck :)

They are by no means a 1 man operation. They host over 21,000 sites and have been in business for years. They are very well known.

Yes, but still, why would you want to sue? Under what grounds? I mean suing a company for a few bucks??? I would just get the hell out of there ASAP.

Just a friendly suggestion. ;)

Originally posted by bert
Yes, but still, why would you want to sue? Under what grounds? I mean suing a company for a few bucks??? I would just get the hell out of there ASAP.

Just a friendly suggestion. ;)

And I thank you for your suggestion. Personally I would rather not even think about sueing, but in this case I don't see any other alternative. I spent $90 for bandwidth overuse charges out of my own pocket, my client payed $150 for initial cost of bandwidth, and I either want all of it back so I can give my client a refund OR I want what I payed for AND I want my over charge fee back. I don't think thats asking too much.

Have a lawyer write a letter to the company explaining your situation, and that you have a lawyer (if needed), and state what damages you would liek to claim 'out of court'. Then explain that if they do not comply with in X days, you will contact the attorney general, yadda yadda, and all the sue-fun stuff. Regardless of whether you will lose or win in court, someone needs to take action against thes e companies. Also contact their local BBB and file a complaint, contact your credit card company as well. I have heard (on this forum) that most CC companies will start a black list after a certain number of complaints, and possibly investigate the company themselves.

I am not a lawyer, nor am I experienced in law to much degree, but this is the process I have heard people say to use several times and so I'd imagine that is probably what you want to do. Once you get the lawyer, you will get some real help in this matter.

http://www.BBB.com -- Believe it or not they do still work even for Internet based businesses :)

Long long ago in a land far far away I was a reseller for another host that caused problems which required a refund.... after a few months of calls back and forth I visited the BBB, submitted a complaint and within 30 days I had my refund :)

Deb

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Also file a complaint with the Attorney General in their state:
http://www.ago.state.al.us/address.cfm?Action=Attorneys