Hi,

I need to get some advice please! A few months ago I ordered a dedicated server and prepaid three months of service with a host which I will not name at the moment.
When I ordered the server, I was suppose to get 256MB and 20GB Hard drive. I only got 128MB and 8GB drive and since then have been sending emails and been getting promises that the upgrade would be done. After 3 months of waiting, I am totally fed up! We have not been able to use the server for what we wanted because our customer was doing Real Video and needed at least 12GB of Hard drive space!

I was just made aware that they are under new management and that the monthly price in the future will be almost three times higher! What are my rights? I have asked for a refund, but I have yet to get a reply. Can I ask my credit card to refund me? I hate doing stuff like this, but I hate even worse being taken for a fool.

Please let me know what you guys suggest.

You can justify breach of contract you can request your credit card company do a charge back.

Originally posted by Cyberpunk
You can justify breach of contract you can request your credit card company do a charge back. Yes. And you shouldn't "Hate doing stuff like that" if it is the only way.

Did you have a "contract" either an e-mail or anything outlining the deal? The did the contract mention anything about if they were sold did their previous agreements convey or transfer? I would try and do a chargeback first and find a new colo company. Good luck.

I don't have an official contact, but I have a bunch of emails with pricing, what package included and the emails promising me the upgrade. Good enough?

Originally posted by mcu
I don't have an official contact, but I have a bunch of emails with pricing, what package included and the emails promising me the upgrade. Good enough? Good enough ;)

Should I request a refund from the host or don't even bother and go directly to the Credit Card Company?

I'd ask the host first. It's easier for you, and better for the host. Tell them unless they refund the money within 24 hours (or something), you'll have the cc company issue a chargeback.

OK, I will do that. The only thing that concerns me is that they say thet are under new management. What if they offer to upgrade to the specs I order that same day? I do not want to use them anymore, I have lost confidence in them. Am I still entitled to a refund if they tell me this?

I would think that they have had their chance. If, in fact, this has been an ongoing situation as you suggest.

3 months is very long time. i don't think your credit card company will do charge back for you after 3 months. how can you wait 3 months man. i must have charged back them in 3 days :smokin:

First of all the credit card company require min 2 months to allow them enough ttime to deliver the product. They will not accept any charge back requests before that!

Protential problem with the under new management. I highly doubt the deal went this but I have seen it done before. Billy Bob Inc. opens his doors to do business after 3 years of hard work Billy decides that he want to sell his business so he puts it up for sale. Along comes John Doe and John wants to buy Billy Bob Inc. but does not want to leave himself open to any unforseen legal or financial problems so John incorporates a new company called John Doe Inc. and uses John Doe Inc. to buy the assets, goodwill, etc. of Billy Bob Inc., but DOES NOT ACTUALLY buys the company Billy Bob Inc.

John Doe Inc. then signs a 10 year deal with Billy Bob Inc. To continue marking the company under the name Billy Bob for a $1.00 per year. What does this all mean, it means that John Doe Inc. buys everything that he needs to continue running Billy Bob's company (including the name) but is not legally exposed to any taxes, unpaid bills, pending lawsuits, etc. that may come from when Billy Bob owned and operated Billy Bob Inc.

I am not a lawyer and this is different depending on country and county but that is a basic run down on how some companies protect themselfs from unseen problems when buying a company. :smokin:

I'd suggest emailing the host requesting a upgrade immediately or you will do a charge back. And have them refund you portion of the money. But next time you get a dedicated server, make sure you have a written contract.

-Andy

Originally posted by mcu
First of all the credit card company require min 2 months to allow them enough ttime to deliver the product. They will not accept any charge back requests before that!

that's fine for him. because he bought service before 3 months.