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View Full Version : Do I have a right to ask for profit lost?
TheComputerGuy 07-15-2002, 01:10 PM Most of you are tired of hearing about some company, I am as well. Their recent Cpanel failure resulting in me contacting the owner of Cpanel and him graciously enough giving me a 10 day cpanel.
But I lost 3 very large clients in seek of needing hosting immediatly. I resulted in having to put a temp out of service page up due to previous problems he blamed on Cpanel, blah blah....and 1 customer canceled their account when they paid for 1 year. Now that client said they know it was not my fault nor did they begrudge me in anyway but they had to have Cpanel.
When I asked a guy to file a form for this lost profit, he responded with "DO YOU NOT THINK I LOST MONEY AS WELL?!"
I asked him to explain why cpanel was down, and he replied with its a long story I have to go.
I ask what was he going to do to fix this, he replied with: "I will fix it like I would normally"
I know the story thanks to WHT, Nick from DarkOrb, and many others.
I feel I have a right to claim against the 300 dollars I have lost because of his neglectants.
I want to know what others think about this.
RRolfe 07-15-2002, 01:15 PM I don't know exactly how far this would go... but it might be worth a shot. I guess it all comes down to EXACTLY who's fault it was that the cpanel licenses went down. I read the thread here and heard the story but i dont know if you would be able to pull this one off.
Good luck.
Acroplex 07-15-2002, 01:16 PM Small claims court takes care of issues like this under $5,000.
TheComputerGuy 07-15-2002, 01:18 PM Well its not like I was the only person affected by this. There were many many people affected by this.
And I paid my bills on time, why can't he pay his.
Phoenix 07-15-2002, 01:19 PM Originally posted by TheComputerGuy
Well its not like I was the only person affected by this. There were many many people affected by this.
And I paid my bills on time, why can't he pay his.
If you get enough people together, you may be able to file a class action lawsuit.
RRolfe 07-15-2002, 01:19 PM Originally posted by TheComputerGuy
And I paid my bills on time, why can't he pay his.
well if your doing business with him then maybe you have a right to ask that question and get a decent answer.
ntwaddel 07-15-2002, 01:21 PM WebMafia??
thats awesome..
i have http://www.westcoastmafia.com :D
Techark 07-15-2002, 01:44 PM Uhhh remember you are dealing with a teenager and it is hard if not near impossible to sue anyone under age.
Good luck.
hnmedcom 07-15-2002, 02:01 PM TheComputerGuy,
I think most host have some kind of disclaimer protecting them from lost profit due to network problems.
HN
TheComputerGuy 07-15-2002, 02:05 PM good point, but this is a corporation and the reason for being down was due to him, and it has been made clear that he did not pay the bill for cpanel.
michaeln 07-15-2002, 02:08 PM I would pass it off as a loss of $300.00. I really don't think it is worth the trouble to get such a small sum back. You would probably end up paying more to get it back then you would actually get back.
Regards,
michael
SoftWareRevue 07-15-2002, 02:33 PM I think it depends how, physically, close you are to him if Small Claims Court actions would be viable.
Phoenix 07-15-2002, 02:41 PM Originally posted by Monte
Uhhh remember you are dealing with a teenager and it is hard if not near impossible to sue anyone under age.
Call his parents and have him grounded?
Get-Hosted.com 07-15-2002, 02:44 PM It also depends on if you signed any contract saying they're not responsible for damages.
Monte: You sign up with his company, not him. If he is under 18, then you deal with the company, not Tim. Do you think they got a merchant account etc... without someone being 18?
QWEST 07-15-2002, 02:52 PM **Caugh** **CAUGH** Look, what a year old catched paged braught up, that was made a year ago. http://timmystreasures.50megs.com/ Caugh age 15 when made caugh, caugh, caugh, caugh, caugh year later, caugh, caugh age 16 currently, cauch caugh 1-888-210-7654 caugh, caugh, caugh parents, caugh uncle, cuagh, pick up, caugh.
GOD, My throat, is really sore today :stickout :D
QWEST 07-15-2002, 03:00 PM BTW
© Timmy's Treasures
This Set can't be taken from this site without written permission from
the site owner. If you take this set with out permission you will be disobeying
copyright laws. I don't take credit for the Tube that I found at PSP Tubes.com but I did
make the set and it is copyrighted by me
© 2001Paradise Designs All Rights Reserved
If you don'tunderstand copyright then I assume to check into it here.
Any resemblance ?? Lol:D
You got to love that music!!! that is in STYLE ;)
RackNine 07-15-2002, 03:34 PM TheComputerGuy,
I'd check with a lawyer. If you'd lost three clients as a direct result of his negligence you could potentially regain lost income. If these were clients you'd already had who lost their service because of his problem (which by the way is NOT a network error) there's definately potential, you just have to prove the two incidents were related.
Sincerely,
-Matt
UmBillyCord 07-15-2002, 03:46 PM Originally posted by RackNine
TheComputerGuy,
I'd check with a lawyer. If you'd lost three clients as a direct result of his negligence you could potentially regain lost income. If these were clients you'd already had who lost their service because of his problem (which by the way is NOT a network error) there's definately potential, you just have to prove the two incidents were related.
Sincerely,
-Matt
I would certainly be carefull offering such advice as another web host. You will get yours in the end. Sooner or later you will get that one customer who's web site was down for 1 hour who is paying $4.95/mo but thinks within that one hour of downtime he lost 1000's of dollars and you are required to reimberse him. [This comment is not directed to TheComputerGuy]
Sorry if I do not agree. In the end, with any service, it is buyer beware. While PD does not have any terms, most host do, which will exclude them from any monetary damages over what you pay in monthly fees.
If a customer really thinks that a host is responsible for lost revenue, then perhaps they should find one that has that in written form. That way you can hold them to it.
While I do not know the whole details of TheComputerGuy's issue, if you really feel gross negligance was present, then small claims court really is your only choice. Either that or
Call his parents and have him grounded? :D
phantasywork 07-15-2002, 03:51 PM Yet another Paradise Design's Love Story:rolleyes:
miami_g 07-15-2002, 04:15 PM attorneys are like guns
dont threaten to use one unless you plan to..
in other words if youre gonna get money back you probably have to sue or threaten it and be prepared to sue
dos centavos
TheComputerGuy 07-15-2002, 05:05 PM Well it was clear that the Cpanel payment was not paid, and that can be confirmed by serveral people. It was not an error the the server, but blantant not paying.
It would cost me serveral hundred dollars to file suit, which would be more on the bases of down right charcter, and justice than money.
I like the calling and grounding part :)
But my money is still missing.
Acroplex 07-15-2002, 05:40 PM You don't need a lawyer to file a claim at the small claims court.
RRolfe 07-15-2002, 05:45 PM yes i believe if you wanted to you could just go to the courthouse and file the claim yourself.
miami_g 07-15-2002, 05:47 PM it is true you dont need a lawyer to file in small claims
have you ever done that?
are pissed enough to follow through with it?
think of the nike slogan 'jdi'
the rest is just sounding off
and nobody would blame you
TheComputerGuy 07-15-2002, 06:35 PM Well I am not threatening with lawyers,yet, I am just mad that I loose money and that kid gets away with it.
miami_g 07-15-2002, 08:01 PM get mad or get even...
revenge is a dish best served cold
fantasmic0 07-15-2002, 09:33 PM Well it was clear that the Cpanel payment was not paid, and that can be confirmed by serveral people. It was not an error the the server, but blantant not paying.
:rolleyes: When the www.paradise-designs.net site was up I couldn't beleive the poor grammar & spelling on there . Not to mention the apparently stuck space bar (words joined) .
So I sent the boy an email telling him it would be a good idea to fix it all . As a joke I also asked him "are you in India by the way ?" (no disrespect to Indians) -- He replied : Thanks for pointing all that out to me , oh and no I'm not in India , I'm in Kentiucky !! :emlaugh: <<--- hehehe , that's a bit sad when you can't spell the name of the state you're in .
Caveat Emptor here .. the kid's cutting corners on the way to the big time . But oh how different is reality :D
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