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  1. #1
    Join Date
    Jun 2008
    Location
    Saratoga Springs, NY
    Posts
    96

    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.
    Are you freaking kidding me? I just paid for six months.

    (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.

  2. #2
    Join Date
    May 2011
    Posts
    373
    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
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  3. #3
    Join Date
    Jun 2008
    Location
    Saratoga Springs, NY
    Posts
    96
    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.

  4. #4
    Join Date
    Aug 2001
    Location
    Canada
    Posts
    2,124
    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

  5. #5
    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

  6. #6
    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
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    https://evixo.com | 7-day money back guarantee, no questions asked.

  7. #7
    Join Date
    Dec 2007
    Posts
    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 $.

  8. #8
    Join Date
    Jun 2008
    Location
    Saratoga Springs, NY
    Posts
    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
    Yes, I understand the TOS and under it I do not get a refund.

    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".

  9. #9
    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.

  10. #10
    Join Date
    Aug 2001
    Location
    Canada
    Posts
    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

  11. #11
    Join Date
    Dec 2007
    Posts
    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.

  12. #12
    Join Date
    Nov 2005
    Location
    Searching......
    Posts
    313

    Thumbs down 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"?

  13. #13
    Join Date
    Jun 2008
    Location
    Saratoga Springs, NY
    Posts
    96
    Quote Originally Posted by portalgod View Post
    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.
    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.

  14. #14
    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).

  15. #15
    Join Date
    Dec 2005
    Posts
    86
    Quote Originally Posted by akbsol View Post
    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.
    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!

  16. #16
    Join Date
    May 2011
    Posts
    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.

  17. #17
    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

  18. #18
    Join Date
    Mar 2003
    Location
    Saint Paul, MN
    Posts
    832

    Thumbs down

    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]#
    So happy, in fact, I just paid my latest bill, for one year, on Friday. And then I got terminated today, with no refund. Well played, Thrust. Well played.

    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

  19. #19
    They can *say* whatever they want in the email, but that doesn't mean that's what they can *do*.

    Don't roll over!

  20. #20
    Join Date
    Mar 2004
    Location
    Seattle, WA
    Posts
    2,580
    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.

  21. #21
    Join Date
    Nov 2007
    Posts
    35
    Quote Originally Posted by Ankheg View Post
    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]#
    So happy, in fact, I just paid my latest bill, for one year, on Friday. And then I got terminated today, with no refund. Well played, Thrust. Well played.

    Like the OP, I have absolutely zero interest in one of their UK servers.

    I never thought Id say this but .. do a charge back/dispute...seriously

  22. #22
    Join Date
    Mar 2004
    Location
    Seattle, WA
    Posts
    2,580
    Quote Originally Posted by VPSCheap_net View Post
    I never thought Id say this but .. do a charge back/dispute...seriously
    .... 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?

  23. #23
    Join Date
    Jun 2003
    Location
    London, UK
    Posts
    1,765
    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.
    I really can't see that they have any grounds *not* to return your pre-payment.
    Darren Lingham - Stablepoint Hosting
    Stablepoint - Cloud Web Hosting without compromise
    We provide industry-leading cPanel™ web hosting in 80+ global cities.

  24. #24
    Join Date
    Oct 2006
    Location
    State College, PA USA
    Posts
    370
    Quote Originally Posted by Zeno McDohl View Post
    Are you freaking kidding me? I just paid for six months.

    (I can't move to the UK servers, as my user base is in the US)
    Ouch! *facepalm*

    Looks like next time there needs to be more due diligence involved in the provider search....

    Best,
    Dave
    Cheap VPS Hosting with minimum 99.9% SLA.
    State College, PA VPS Hosting

  25. #25
    Join Date
    Jun 2003
    Location
    London, UK
    Posts
    1,765
    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.

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