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  1. #1

    am i have right take legal action against hosting company ?

    Hi, hope someone can give me some advices.

    want to know am I have right take legal action ?
    a) the company suggested the wrong package to my I.T consultant offering to provide only DNS info despite the fact that I needed a database.
    b) once it was established that I needed a database at additional cost, they were unwilling to guarantee a successful upload of data! I have subsequently spoken with other providers who confirm that part of the migration service is to ensure that the data does indeed get transferred successfully.
    Moreover, they were shutting down my two websites for 2 days which caused me loss of business, and they don't give me any support so i have to find other hosting company to active my websites that brought me lot of stress.
    So finally I told them have to cancel the contract but they said would charge me ( 2 domain names) set up fee which I refused and only willing to pay half, as i think they need take part of the responsibilities , now only few more days left then will reach the 30 days guarantee refund, I feel upset not about the money as seem i have no choice of injustice .

    Thank
    Chow

  2. #2
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    Probably it's time to get a new IT consultant if he chose a hosting company that is as bad as you describe it after his research. As long as they didn't specifically said that they provide database hosting as well with the plan they recommended to your IT consultant, there isn't much you can do, because once again it would have been your IT consultant's job to verify in detail that the plan includes all features that you need.

    About the domains: If you transfer domains to another registrar or register new ones, the fee is always for at least 1 year of registration. There is no way for the hosting provider to get that money back either once the domain registration/transfer is initiated, which is why most hosting providers will have somethig in their TOS that says that domains are excluded from refunds.

    I don't want to defend the hosting company in any way or justify what they did, I'm just saying that this wouldn't have happened with an IT consultant who knows what he's doing, because then you would have never been lead to such a bad hosting provider in the first place. You might be able to get a refund for your hosting package, but not for the domains and I don't think there is much else you can do about it unfortunately.
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  3. #3
    Thank for your answer , I am asking the hosting package refund , just they said need charge me each domain set up fee . my I.T consultant is other nightmare ...

  4. #4
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    Quote Originally Posted by artouch View Post
    Thank for your answer , I am asking the hosting package refund , just they said need charge me each domain set up fee . my I.T consultant is other nightmare ...
    Like I said I don't think it will be possible to get a refund for the domains and that would be the same with other hosting providers as well. But as long as they have a refund policy that would apply to your hosting package, they're obligated to follow it.
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  5. #5
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    You can take legal action against any company. The question is will you win or not. That depends on the contract and terms you signed agreed do during sign up.

    The whole point of having an IT consultant is to have someone who knows what you need.
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  6. #6
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    Hello Chow,

    I am not exactly sure what kind of contract you have with your host but I will try and put forward some points which you need to check before you can decide if taking legal action against them would help or not:

    Quote Originally Posted by artouch View Post
    a) the company suggested the wrong package to my I.T consultant offering to provide only DNS info despite the fact that I needed a database.
    Firstly, do you have a written contract with the host? If yes, do you have communication records which state that your consultant had clearly asked for Database Support and they deliberately did not provide it?

    Quote Originally Posted by artouch View Post
    b) once it was established that I needed a database at additional cost, they were unwilling to guarantee a successful upload of data! I have subsequently spoken with other providers who confirm that part of the migration service is to ensure that the data does indeed get transferred successfully.
    Moreover, they were shutting down my two websites for 2 days which caused me loss of business, and they don't give me any support so i have to find other hosting company to active my websites that brought me lot of stress.
    Do they offer guaranteed migration as part of their TOS? If they offer it as a free optional service or courtesy service, then they cannot guarantee its success. If they guaranteed uptime on the sites, they are then liable for explanation on the downtime and appropriate compensation can be claimed based on the written contract/guarantee.

    Quote Originally Posted by artouch View Post
    So finally I told them have to cancel the contract but they said would charge me ( 2 domain names) set up fee which I refused and only willing to pay half, as i think they need take part of the responsibilities , now only few more days left then will reach the 30 days guarantee refund, I feel upset not about the money as seem i have no choice of injustice .
    Hosting providers do not usually refund domain name costs as that is something that is non-refundable for them from the domain registrars. If your host is giving you a full refund on the hosting and charging you only for the domain names, then it should be ok as that is a common business practice.

    So basically, please review the contract you have with the host and decide your further course of action.
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  7. #7
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    The short version is that yes, you have the right to take legal action against anyone for any reason at any time.

    The real question is whether or not it's worth it.

    Will you win? IMHO, no. Sounds like an honest mistake on the part of the host. Chances are database hosting is far more profitable than domain registration, so it's not like the host upsold you to a more expensive package against your needs. But I'm not a lawyer, so you'll need to do your own thinking on this point.

    How much will you win? What are your actual losses? Will the amount of your win exceed your losses? How much will you spend on the lawsuit (going to court can easily hit $10k+)? And if you do win, how will you collect? Will they be able to pay? Winning a judgement is one thing, but collecting is another matter entirely.

    Long story short, the direct answer to your question is "yes -- you can sue anyone at any time for anything".
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  8. #8
    Quote Originally Posted by FRH Lisa View Post
    Long story short, the direct answer to your question is "yes -- you can sue anyone at any time for anything".
    *in America....

    But yes, overall Lisa pretty much summed it up.

  9. #9
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    It depends on location. The Hosting company may not be in your Country. Also, in some countries* you cannot sue a Hosting Company or a web based business.
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  10. #10
    You have the right to take legal action on any company but you should review their terms and service before doing so.

  11. #11
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    Based on your explanation I presume that there's been some miscommunication between the host and your consultant. If you are sure about the consultant having asked for the DB and you have that documented, I'd suggest gathering all such evidences before you file a lawsuit.

    While you are putting them all together, you'd get a better hold of the situation and understand where exactly things have gone wrong. You may even realise that you may not really need to take a legal action at all.

    So, better play your cards correctly and make sure that it doesn't back-fire.
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  12. #12
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    Based on your explanation I presume that there's been some miscommunication between the host and your consultant. If you are sure about the consultant having asked for the DB and you have that documented, I'd suggest gathering all such evidences before you file a lawsuit.

    While you are putting them all together, you'd get a better hold of the situation and understand where exactly things have gone wrong. You may even realise that you may not really need to take a legal action at all.

    So, better play your cards correctly and make sure that it doesn't back-fire.
    Last edited by Josh-A; 08-26-2014 at 02:05 AM. Reason: Dear admin,mods please delete this duplicated post, the connection to the site broke hence mistakenly posted it twice.
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  13. #13
    Yes you can Sue a Hosting company or anyone for that Sake, As everyone said am not sure the judgement would be in your favor as it looks like the host has things clear from his side and more over usually Hosts have things covered under there Terms Of service. This is why you need to read TOS and also verify a host before signing up with them.
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  14. #14
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    How much money are we talking here? $20, $200, $2000, etc.
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  15. #15
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    Quote Originally Posted by artouch View Post
    Hi, hope someone can give me some advices.

    want to know am I have right take legal action ?
    a) the company suggested the wrong package to my I.T consultant offering to provide only DNS info despite the fact that I needed a database.
    b) once it was established that I needed a database at additional cost, they were unwilling to guarantee a successful upload of data! I have subsequently spoken with other providers who confirm that part of the migration service is to ensure that the data does indeed get transferred successfully.
    Moreover, they were shutting down my two websites for 2 days which caused me loss of business, and they don't give me any support so i have to find other hosting company to active my websites that brought me lot of stress.
    So finally I told them have to cancel the contract but they said would charge me ( 2 domain names) set up fee which I refused and only willing to pay half, as i think they need take part of the responsibilities , now only few more days left then will reach the 30 days guarantee refund, I feel upset not about the money as seem i have no choice of injustice .

    Thank
    Chow
    I'm sure somewhere in the tos you clicked away every right you once had, trust me, I have a few Lawyers in the family that would not cost me a dime and it's still not worth the filing fees or the time.
    regards SonnB
    removed sig, got creeped out

  16. #16
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    Quote Originally Posted by sonnb View Post
    I'm sure somewhere in the tos you clicked away every right you once had, trust me, I have a few Lawyers in the family that would not cost me a dime and it's still not worth the filing fees or the time.
    ^^ this, almost every TOS pretty much says a host can do whatever and the most they could possibly be liable for is the amount of the hosting and even that is generally guarded against. Makes legal action not generally worth it.
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  17. #17
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    How much money did you lose when you were down for two days?
    Why were your accounts down for two days?

    From my experience with all types of clients I would hazard a guess that we are talking pennies as any site making real money would not be relying on some mystical "IT Consultant". We also don't know who was at fault for the downtime.

    Furthermore, most hosts don't guarantee successful migrations but operate on a "best effort" basis. It's up to you to be vigilant and double check your data is where it's supposed to be.

    I understood you dealt with some stress. But this is internet technology, welcome to frustrating experiences, a lot of stress, banging your head on your desk and losing your keyboard out of nearby open windows. Chalk it up to experience and move on. But if you really want to get stressed out by all means try and sue someone for a few bucks. Unless my losses were enormous and the gains I stood to make were enormous I would never sue anyone. I've known people that have sued and people that have been sued and one person that died very, very early having lost everything and leaving his family with more debt. Some companies will file a counter-suit as a matter of course to strongarm you into dropping the suit. If you think 2 days of downtime is bad try being wrapped up in litigation for 2 years.

    People always want someone to blame. Always want someone to pay. Whatever happened to learning from experiences? And it sounds like this wasn't even an expensive experience. Chalk it up. Man up. Move on.
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