Results 1 to 25 of 92
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12-14-2011, 12:52 PM #1Junior Guru Wannabe
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- Jun 2008
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- Saratoga Springs, NY
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VAServ/CheapVPS: "Termination of Contract"
I received this email just now from my VPS: (yes, bolded what they bolded in the email)
Dear xxxxx,
We are consolidating our business and concentrating our efforts on our UK operations.
As a result and in accordance with the Termination clause in our Terms and Conditions, "Simply Virtual Servers (US) LLC" ('SVS LLC') shall exercise its' right to terminate your account owing to business reasons.
For the avoidance of doubt, SVS LLC shall have no further contract with you in respect of the service. No refunds shall be given (this is covered in our Terms and Conditions under The Service and Termination section).
We will be terminating your services on the 31st of December 2011. Therefore the termination shall be effective at 00:01 AM on the 01/01/2012.
As a gesture of goodwill we shall offer you an equivalent package on our UK platform to your existing package with SVS LLC.
We believe we have better value products at CheapVPS http://www.cheapvps.co.uk and you can choose a VPS package based on KVM, XEN or OpenVZ.
If you wish to transfer your services over to our UK operation, please raise a ticket at https://support.vaserv.com providing us with your Billing account ID and the UK package you wish to have.
We will be able to offer you a better level of service at an equivalent price. We shall, in determining the price, take in to consideration any invoices paid towards the previous SVS LLC account.
If you have any concerns please write to us at: billing@fsckvps.com
Terms & Conditions: Standard terms and conditions of service apply.
(I can't move to the UK servers, as my user base is in the US)Last edited by Zeno McDohl; 12-14-2011 at 01:06 PM.
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12-14-2011, 01:04 PM #2Aspiring Evangelist
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- May 2011
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You just paid for six months but it seems the email was sent out to all clients with your package.
I would suggest contacting them and inform that you have just payed so you are able to switch over without paying twice██ IrieHost Inc - Professional Web Hosting Provider & Social Network Servers
██ VPS • Shared Hosting • Dedicated Servers • Reseller Hosting
██ 24hrs Support | 30 Days Money Back | 99.99% Uptime
██ See you soon @ www.riehost.com
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12-14-2011, 01:05 PM #3Junior Guru Wannabe
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- Jun 2008
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- Saratoga Springs, NY
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I cannot switch over, because they seem to indicate they are shutting down in the US. I cannot run the VPS outside the US, my userbase is in the US (and I run a MUD).
(Screenshot of email: http://i.imgur.com/fTv2f.png )Last edited by Zeno McDohl; 12-14-2011 at 01:10 PM.
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12-14-2011, 01:14 PM #4That's all it takes?
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- Aug 2001
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- Canada
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I would ask them what the deal is, but if you just paid and they won't give you a refund, that's just wrong. Btw, from what you posted I get exactly that.
www.idologic.com - Reseller, VPS and dedicated hosting - Friendly Customer Service - DirectAdmin - cPanel - InterWorx
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12-14-2011, 01:16 PM #5Web Hosting Guru
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- Mar 2004
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- 269
Wow that's extremely shoddy business practice. I would get in touch with them and then the payment gateway you used to purchase the order.
█★Owner of Corgi Tech Limited
█★Unmanaged VPS with 99.9% SLA - Windows or Linux
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12-14-2011, 01:19 PM #6Aspiring Evangelist
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- Nov 2011
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- 359
Yes, as others have mentioned just contact them. This is not a way to treat customers when saying "no refunds will be given" and yet you paid for 6 months.
█ Evixo | VMware & KVM VPS solutions | Germany and the Netherlands | Daily backups
█ Private networking available | High availability options
█ https://evixo.com | 7-day money back guarantee, no questions asked.
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12-14-2011, 01:19 PM #7Web Hosting Evangelist
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- Dec 2007
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- 471
Does the TOS allow service transfers? If it does, find someone who wants a VPS in the UK, and is willing to pay YOU, while you transfer service to them via the provider.
Does the TOS allow resale? If so, resell
...
You get where this is going. Look at the TOS that you *agreed to* when signing up for service, and find the loopholes to get you out of lost $.
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12-14-2011, 01:24 PM #8Junior Guru Wannabe
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- Jun 2008
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- Saratoga Springs, NY
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- 96
I already contacted them when I got this. I actually just got a reply:
As per the notification sent today we are concentrating on our UK based businesses, as such we are ceasing US based operations. We are within our rights as per the terms of service to do so.
We can offer an equivalent UK based VPS in order to keep you up and running.
---
Kind regards,
Maria Jovanovic
Customer Care Team
Simply Virtual Servers
But that doesn't change that I find this bad business practice, as someone else said.
I do not have the time to attempt to find a reseller or someone who wants it, I have to get my entire data moved off and find another solution by the end of this month. Sigh.
[EDIT] This was paid with Paypal. I attempted to file a dispute and it would not allow me, because it was a virtual good or the sort and told me to "stay in contact with the seller".
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12-14-2011, 01:26 PM #9WHT Addict
- Join Date
- Jan 2005
- Posts
- 110
My VPS with them is in UK. Using it since last 5-6 years. Seen all the transitions A2B2, Vaserv, CheapVPS, Simply Virtual Servers etc etc. Seen the hypervm fiasco. Seen Rus selling it out. Still stayed with them as I wasn't affected. Its obvious I am quite satisfied with the service. But I too have received this termination email
If its true its really unfortunate as after all these years I know the names and to some extent the nature and expertise level of all their support staff personnel.
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12-14-2011, 01:27 PM #10That's all it takes?
- Join Date
- Aug 2001
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- Canada
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- 2,124
That's just bad business practice on their end; I would consider a chargeback (first time I think I have suggest that!).
Good luck in your search, I know I would want to be transferring data over the holidays :/www.idologic.com - Reseller, VPS and dedicated hosting - Friendly Customer Service - DirectAdmin - cPanel - InterWorx
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12-14-2011, 01:27 PM #11Web Hosting Evangelist
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- Dec 2007
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- 471
Also, what's the network connectivity like from the potential UK location to your US customers? For a MUD, I can't imagine you'd need a whole lot of bandwith with ultra low latency. I'm thinking of traditional text based MUDs though.
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12-14-2011, 01:35 PM #12Web Hosting Guru
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- Nov 2005
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- Searching......
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SHAME
I am on this boat too, and I would like to add a note on this:
- every time a saw this kind of situation, I have the same question:
"WHY THEY BOUGHT A SERVICE IF THEY DON'T WANT TO BE IN US"?
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12-14-2011, 01:41 PM #13Junior Guru Wannabe
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- Jun 2008
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- Saratoga Springs, NY
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- 96
I've played MUDs hosted in the UK (I'm in the US) and the delay isn't really acceptable, especially during PK.
The refund issue is annoying, but the big problem is I'm losing the IP. I will be losing a chunk of players because most MUD players save the info by IP and port, not domain.
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12-14-2011, 02:17 PM #14Junior Guru Wannabe
- Join Date
- May 2011
- Posts
- 32
I just got the same e-mail today!
I don't have the same issues as you guys (I just use it as a blog and e-mail host) but I don't want to have my content in a country where I don't know the laws. I doubt I'm doing anything against the law, but if some bobby decided that I can't have such-and-such on my website, I'd have to go there to appear pro se...
I'm debating whether to cut my losses and go to another VPS or just grit my teeth until my contract expires (which is in May).
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12-14-2011, 02:51 PM #15Junior Guru Wannabe
- Join Date
- Dec 2005
- Posts
- 86
Same here. These guys have been through like 6 different names, I guess this was inevitable.
I would encourage everyone to NOT give their UK division any business whatsoever. 16 day notice is unacceptable and they do not deserve the first $1 in business for doing this to us.
They raised the prices without telling us, sold the company and changed names many times without explanation.
Good riddance to this horrible provider and the horrible people that run it.
GOOD DAY you flaky fly-by-night VPS scumbags!
P.S. Can anyone rec'd a good admin to move some wordpress installations over and a few other sites? Thanks!
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12-14-2011, 02:56 PM #16Junior Guru Wannabe
- Join Date
- May 2011
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- 32
Is there a reason they keep changing their name? Seems like the company did something bad and they are trying to avoid the bad voodoo.
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12-14-2011, 03:02 PM #17Newbie
- Join Date
- Jun 2009
- Posts
- 12
Got the same message today. I pay month to month but the idea of having to find another host and transfer it within 2 weeks over Christmas is extremely upsetting.
Basically they're saying, "Hey, Merry Christmas. We're about to screw you over, why not move to another one of our more expensive services on servers that aren't near the majority of your visitors. Our short term notice over people's busiest time of the year is just a tactic to force you to our other platform - oh and check out CheapVPS - Welcome to a Web Host that cares."
So now we'll see if they really care. Who wants to have a friendly wager. Will they switch me over to UK servers with the same package, same price and mirror the setup for me?
In the meantime, anyone know where I can get a VPS package that will aid in the transfer for minimal downtime and is comparable to:
Memory: 1000 meg - burstable 3.8g
Bandwidth: 500 gig
Drive Space: 30 gigs
Price: Under $9 a month
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12-14-2011, 03:07 PM #18Web Hosting Master
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- Mar 2003
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- Saint Paul, MN
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- 832
I was a happy customer of theirs for quite a while (had the VPS in question for several years, from before their acquisition of GigEVPS...).
Code:[root@derp html]# w 22:02:12 up 338 days, 1:03, 1 user, load average: 0.11, 0.07, 0.06 USER TTY FROM LOGIN@ IDLE JCPU PCPU WHAT root pts/0 216-243-132-128. 21:49 0.00s 0.02s 0.00s w [root@derp html]#
Like the OP, I have absolutely zero interest in one of their UK servers.redpin.com - offering amazingly competent email, dns, and web hosting since 2002... because someone has to!
Because Simple Things Should Be Simple - YouCANHasDNS
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12-14-2011, 03:12 PM #19Newbie
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- Mar 2009
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- 11
They can *say* whatever they want in the email, but that doesn't mean that's what they can *do*.
Don't roll over!
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12-14-2011, 03:17 PM #20virtualizing the world
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I hope a customer is contacting them to get clarification about prepayments. Perhaps they forgot that they had clients that have prepaid for months ahead and sent this e-mail out without clarifying on mistake.
I do think that is pretty unfair for them not to refund for terminating ahead of the scheduled renewal date, if this is the case, for no other reason other than they cannot provide the service they advertised. High load - understandable, abusive - understandable, spamming - understandable.
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12-14-2011, 03:17 PM #21Junior Guru Wannabe
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12-14-2011, 03:21 PM #22virtualizing the world
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.... OR... question them and bring to their attention that <client> has prepaid and inquire what will be done with this. If the answer is still no refund, then chargeback.
Doesn't make sense to chargeback before asking to make sure there isn't a mistake. Give them the benefit of the doubt?
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12-14-2011, 03:22 PM #23Web Hosting Master
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- Jun 2003
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- London, UK
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If you buy something from a UK based provider, and are a consumer rather than a business you are almost certainly entitled to ensure that their terms of service comply with the Unfair Terms in Consumer Contracts Regulations (1999).
Specifically, something like this would come under:-
Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(f) authorising the seller or supplier to dissolve the contract on a
discretionary basis where the same facility is not granted to
the consumer …6.1.1 Fairness and balance require that consumers and suppliers should be on an
equal footing as regards rights to end or withdraw from the contract. The
supplier's rights should not be excessive, nor should the consumer's be
over-restricted. This does not, however, mean a merely formal equivalence
in rights to cancel, but rather that both parties should enjoy rights of equal
extent and value.
6.1.2 Excessive rights for the supplier. Cancellation of a contract by the supplier
can leave the consumer facing inconvenience at least, if not costs or other
problems. Where that is so, a unilateral right for the supplier to cancel
without any liability to do more than return prepayments is likely to be
considered unfair (see Group 6(b), on terms which exclude even that
liability).
6.1.3 This applies particularly to terms which explicitly say that the supplier can
cancel at will, without having any valid reason. But it also applies to terms
which permit cancellation for vaguely defined reasons, or in response to
any breach of contract (however trivial) by the consumer. Such terms may
be intended to allow the supplier to do no more than protect himself
legitimately from problems beyond his control, or from serious misconduct
by the consumer. But the potential effect as well as the purpose of terms is
relevant to fairness, and if wording is loosely drafted and open to abuse it is
liable to be seen as unbalancing the contract.Darren Lingham - Stablepoint Hosting
Stablepoint - Cloud Web Hosting without compromise
We provide industry-leading cPanel™ web hosting in 80+ global cities.
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12-14-2011, 03:22 PM #24Aspiring Evangelist
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- State College, PA USA
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Cheap VPS Hosting with minimum 99.9% SLA.
State College, PA VPS Hosting
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12-14-2011, 03:25 PM #25Web Hosting Master
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- London, UK
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Just realised your contract is with a US based LLC.
Darren Lingham - Stablepoint Hosting
Stablepoint - Cloud Web Hosting without compromise
We provide industry-leading cPanel™ web hosting in 80+ global cities.