stand
09-30-2004, 11:26 PM
Hi all.
I need legal advice
I bought dedicated server 10MB unmetered for my live streaming shows. What I got from them is horrible connections with low speed. They refuse to refund any $, justifying that its our application . But our application was tested on other networks and it works fine.
Is there any way I can get refund from them?
Thank You
MetaData
09-30-2004, 11:34 PM
Real legal advice would come from an attorney, and would only apply if the amount was worth going to court for.
You're at the mercy of their SLA if you want an amicable resolution. Your only real option is to do a chargeback if you paid with a credit card.
OCXBIOS
09-30-2004, 11:34 PM
did you read there terms of service?
most places dont offer refunds on dedicated servers
also unmetered connections are not burstable there flat rated
at a 10Mbps cap
so if you have 4 people downloading/streaming your media
that speed is going to decrease pretty fast.(most providers)
i would recomend getting a provider with burstable bandwidth
TheTrance
10-01-2004, 12:23 AM
you can through paypal and/or CC company
RayWomack
10-01-2004, 12:54 AM
Get your self a copy of West's Business Law in a second hand book store, or a yard sale.
Everyone that conducts business should become familiar with the Uniform Commercial Code (UCC), adapted by all of the States and is used as the foundation for facilitating commercial transactions.
I disagree with another poster that said you need a Lawyer..........
You need to educate your self on the principles of business law, and not be afraid to apply them in every day life. This does not require a lawyer. Actually, it is tought to avoid lawyers and court, but only use them as a means of last resort.
Start with your credit card company. Call them during business hours, they will gladly assist you. Tell them that you did not get what you payed for. Last thing anybody wants to do is piss off their Merchant Provider.
And another important note to others,; even if the TOS says you cannot sue the company, you CAN sue the company. This is just legal crap to blow smoke up your ***.
XtremeBandwidth
10-01-2004, 01:59 AM
contact the BBB, wont help much but it will for future customers.
project3
10-01-2004, 10:38 AM
When buying a big connection its always wise to ask for an off site test of their product.
Colo4-Paul
10-01-2004, 11:15 AM
In my opinion the best legal advice is not to worry about whose right or wrong, but how much it is going to cost you to be right. It is a lot less effort to just move on and forget about it than hire an attorney. If it takes you 5 hrs work to collect $100 you should have spent the time focused on your business.
Are you sure it isnt your server that is the issue? Before you post who it is, file a complaint, or move your server I would check your server one more time. Ask them what the NIC settings should be. There is a chance that a simple change in the settings will improve performance. Quite often the server will be set to 10M/half duplex when it should be full, or auto negotiate didnt work. Check that first.
If that doesnt help and they wont refund file a complaint with the BBB, mention the name here, and move to another provider after you test their bandwidth.
OCXBIOS
10-01-2004, 06:46 PM
also just because a company doesnt offer a refund on a service doesnt necessarly mean they are a BAD company..
how ever..if they STATE in there TERMS/AUP or on there site
for a 14 or 30 day guarantee and you are within those days..
then i would fight for it..pending on the amount..ex i wont go nuts over 50 to 100$..i can make that back within a day..
hunter_az
10-01-2004, 07:12 PM
true, my friend had a simular issue back a few months ago, he ended up contacting the BBB and got half of his money back from the company... but ive never had to contact them personaly, but its worth a shot.
For legal advice you should consult an attorney!
PSFServers,
You do understand that West's Business Law is an intro level book into the intricacies of business law? Infact it is a freshman level college textbook at many colleges. I agree with you that the book is helpful but when venturing into actual dealings that require interpretation of the law, you do need a lawyer.