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View Full Version : Cancellation of recurring billing
kenchix1 05-22-2007, 11:08 PM So I decided to move to another host and emailed the customer service and billing that I would like to request to stop my recurring billing so I won't be billed anymore on the next billing date.
My question is if I cancelled my recurring billing, should the host put all my sites down as soon as they received the request even if the next billing date is still for the next 4 days ?
thanks.
Jedito 05-22-2007, 11:58 PM You should look at their cancellation policy, that vary from host to host, there is not a fixed rule to it.
WireNine 05-23-2007, 12:58 AM You should only cancel when you're 100% ready to leave the host, some companies terminate accounts instantly and some leave it online until the next renew date.
Mxhub 05-23-2007, 02:24 AM So I decided to move to another host and emailed the customer service and billing that I would like to request to stop my recurring billing so I won't be billed anymore on the next billing date.
My question is if I cancelled my recurring billing, should the host put all my sites down as soon as they received the request even if the next billing date is still for the next 4 days ?
thanks.
No. They shouldn't cancel your account immediately. Your service should end on the last day of subscription.
Quartz 05-23-2007, 02:58 AM Well, the last day of the subscription would be when he cancels I would think. And as stated by WN-Ali and Jedito, it would be wise to review their TOS to ensure that you do not lose data when cancelling. All companies vary as far as how their cancellation process is concerned.
IH-Rameen 05-23-2007, 07:23 AM No. They shouldn't cancel your account immediately. Your service should end on the last day of subscription.
Wrong..
As already repeatedly mentioned. It's down to what the host has stated in their TOS.
KNL-BSW 05-23-2007, 10:26 AM Ethically they should give you what you paid for, unless there are valid reasons not to.
Reality wise, some hosts will cancel you on the day you cancel.
BrettB 05-23-2007, 10:32 AM Unfortunately, while it seems fair to receive the time up until your subscription expires, some hosts do cancel immediately and yet others require you to cancel within X days of your account renewing, so it's hard to say whether it's best to cancel at the end of your period or before than and then just take advantage of the days you have left -- it really depends on the hosts policies.
edu4vision 05-23-2007, 02:52 PM it's not just the host. Sometimes, they want you to stay but I know a few recurring billing manager that automatically cancel your account the moment you cancel the subscription in Paypal.
So you better ask. :)
Or the best,cancel when you are prepared to move.
XeHSean 05-23-2007, 04:07 PM If you simply request for a company to not auto-bill you, there should be no reason that your host takes your sites offline. I'm not sure who your host is, but that is quite unprofessional of them. It sounds like it is definately time for a new host :)
kenchix1 05-25-2007, 03:34 AM so it's hard to say whether it's best to cancel at the end of your period or before than and then just take advantage of the days you have left
I agree with this, and this is really what I have in mind. but when I emailed the support, billing and customer. they told me that I am required to fill up a cancellation form and since I don't want to be billed I filled it up and execute the cancellation, which is also my fault because it stated on top that they can't retrieve the data once it is cancelled and it will processed on within 5 days.
I only need one database from them and that's all I need, after several attempts they gave me the wrong data and now it seems I am begging for what is really mine. the tech support is deliberately ignoring my emails.
On the brighter side, now I know what kind of technical support they have when you cancelled your account. Time to look for a new backup host.
mrzippy 05-27-2007, 09:32 AM If you cancel your contract with your host, but you have PAID for service up to a certain date... then they are obligated to provide that service to you up to the date you've paid.
Cancellation of your contract is just that. It is a cancellation of your CONTRACT, not your service.
(But then, since you've cancelled your contract, it makes sense for the host to stop providing service.. which is why they "cancel" your account.)
But technically (in the eyes of the law), if you have paid for service up to a certain date, then the provider is obligated to provide it, even if the contract between you is cancelled.
(The contract remains valid until payment is either refunded or expires.)
This is one of those instances where you can't just "put anything" into your TOS and hope it sticks. Legally, the courts will not uphold the practise of immediately cancelling an account (if the customer has pre-paid) unless you give the customer a pro-rated refund.
How do I know this? From experience. We had a customer sue us a few years ago when we "cancelled" their account (as requested) and they thought they should have a few more days left before we actually pulled the plug. We fought the suit, and we lost. The judge was very clear on the reason.
Consult your attorney if you are unsure.
This is one area that I think many hosts are vulnerable, since the typical practise is to stop service immediately upon cancellation request. (And this is only likely because most hosts lack the processes in place to schedule an account cancellation for a later date.)
edu4vision 05-27-2007, 09:46 AM If you cancel your contract with your host, but you have PAID for service up to a certain date... then they are obligated to provide that service to you up to the date you've paid.
Cancellation of your contract is just that. It is a cancellation of your CONTRACT, not your service.
(But then, since you've cancelled your contract, it makes sense for the host to stop providing service.. which is why they "cancel" your account.)
But technically (in the eyes of the law), if you have paid for service up to a certain date, then the provider is obligated to provide it, even if the contract between you is cancelled.
(The contract remains valid until payment is either refunded or expires.)
This is one of those instances where you can't just "put anything" into your TOS and hope it sticks. Legally, the courts will not uphold the practise of immediately cancelling an account (if the customer has pre-paid) unless you give the customer a pro-rated refund.
How do I know this? From experience. We had a customer sue us a few years ago when we "cancelled" their account (as requested) and they thought they should have a few more days left before we actually pulled the plug. We fought the suit, and we lost. The judge was very clear on the reason.
Consult your attorney if you are unsure.
This is one area that I think many hosts are vulnerable, since the typical practise is to stop service immediately upon cancellation request. (And this is only likely because most hosts lack the processes in place to schedule an account cancellation for a later date.)
MrZippy has a point here. TOS is useless in this case. Worst, your whole TOS might be rendered un useable by this clause only,
if you didn't have the clause that say "Any anullment of any clause in this TOS as judged by any court or law will only affect that clause only and will not annul the whole TOS" (sort of. Contact your lawyer for details)
kenchix1 05-27-2007, 01:14 PM Thank you very much for all the ideas and opinions, but as of this moment, I am still asking for an apology to my client because I can't give them a year of data anymore and I can't do anything about it because after I submitted my cancellation form, which is because I don't want to be billed again, Resellerzoom.com 's technical support only answers my email o (I am asking them to retrieve the backup) every after the billing section forwaded my concern to them. That is why I am saying be very careful with Resellerzoom.
steven99 05-27-2007, 06:44 PM (The contract remains valid until payment is either refunded or expires.)
[...]
How do I know this? From experience. We had a customer sue us a few years ago when we "cancelled" their account (as requested) and they thought they should have a few more days left before we actually pulled the plug. We fought the suit, and we lost. The judge was very clear on the reason.
Did you not pro-rate a refund? Just asking as if you did your statement and the judge's decision doesn't match.
mrzippy 05-28-2007, 06:23 AM Did you not pro-rate a refund? Just asking as if you did your statement and the judge's decision doesn't match.
No, we did not pro-rate (at that time).
At the time, our TOS stated that there would be NO refunds given if the customer cancels their account.
The customer cancelled their account, and we did not give a refund, nor did we keep their account "open" until the end of their contract period (which was a whole 4 days later, I believe).
Like most hosts still do now.. we terminated their account when we received the cancellation. As per our TOS we did not issue a pro-rated refund.
They sued us, and we lost, and the judge explained to us the difference between a cancellation of the "contract" and a cancellation of the "service".
"Service" cancellation rules and regulations are governed by laws of the country and can not be "overruled" by arbitrary contract wording, even if both parties agree to the contract.
steven99 05-28-2007, 05:20 PM mrzippy, thanks for the reply. I think your case is good example for other hosts that don't pro-rate refunds, which I guess a few?
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