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  1. #26
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    I don't know where Peachy Dandy is physically located but you are doing business in the US.
    There is law in the US called the cool off law. It overrides any TOS a company supplies. It does cover purchses for services. Basically what it mean is that you have 36 hours to change your mind. That is change your mind and not have to give them a specific reason. I think that every company should remember that. (It was initially passed mortgages, contractor service etc but now because of law suites it involves almost all companies. (The contract can even be a verbl one)
    I think you were well in your time limit and you should get your money back even if it was a very small amount. The law is the law.
    You are presuming we are American, in which we are not and the agreement is not.

  2. #27
    Join Date
    Jun 2007
    Location
    Spring Hill, Florida
    Posts
    514
    Yes, you may not be American but you are doing business here. There are more and more countries signing up for unilateral laws concerning internet business, mail services etc.
    Most companies that ship products to other countries have to abide by the other countries standards. The same is if you had a physical product and wanted to ship here you would have to abide by our shipping laws.
    The smugness that you replied with implys that you feel you are above any laws and I think that if people started to ban you, your smuggness would be dissipitted.
    Remember the old saying when in Rome do as the Romans do. It still applies. If you are doing business in a country respect their laws.

  3. #28
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    Yes, you may not be American but you are doing business here. There are more and more countries signing up for unilateral laws concerning internet business, mail services etc.
    Most companies that ship products to other countries have to abide by the other countries standards. The same is if you had a physical product and wanted to ship here you would have to abide by our shipping laws.
    The smugness that you replied with implys that you feel you are above any laws and I think that if people started to ban you, your smuggness would be dissipitted.
    Remember the old saying when in Rome do as the Romans do. It still applies. If you are doing business in a country respect their laws.
    Again, the contract between us and the client is governed by Canadian laws. Us buying American servers are governed by US laws. Therefore there is no privity of law via US, only between us and our server company.

  4. #29
    Join Date
    Oct 2002
    Location
    EU - east side
    Posts
    21,920
    A mistake on our site doesn't mean a TOS doesn't exist and refund policy isn't stated and superseeds to website error.
    Legal issue aside (it's the job of lawyers anyway), the proper action here would have been to assume responsibility for the faulty sales message on your site, apologize and promptly issue a refund. (IMHO) End of story, end of drama. Not praise and put the TOS to the forefront.
    and found article of you selling your clients and believed that you used our shared hosting as reseller hosting. This was stated as opinion and was not meant to be rude in any way. Yet it was an inaccurate accusation. You can't expect the customer to have no ill feeling towards it.

  5. #30
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    Legal issue aside (it's the job of lawyers anyway), the proper action here would have been to assume responsibility for the faulty sales message on your site, apologize and promptly issue a refund. (IMHO) End of story, end of drama. Not praise and put the TOS to the forefront.
    Yet it was an inaccurate accusation. You can't expect the customer to have no ill feeling towards it.
    Sorry, but that is what I have stated through out this thread and issued the refund. Please read the first post I made.
    No where did I praise, simply answering users posts and I can put my TOS in the forefront as its what was used in this situation.
    Secondly the client was denied by TOS and not the accusation. Accusation was an additive in which I apologized for.
    There is no need for your rudeness and yes its rudeness and by other posters. I have actively and quickly solved this once I was made aware and I have every right to use TOS, as we have right to defend our name and side.
    If you want this ended, don't reply and close the thread. Everything was solved and issue refunded.

  6. #31
    Join Date
    Jun 2007
    Location
    Spring Hill, Florida
    Posts
    514
    Ps. Your registrar information indicates that your administration is in Ontario. Your use of the Texas based IPlanet server legally binds you to our nations laws. As far as I know Texas is still a part of the US.
    Why do you not put your address on the web? Not doing so makes me even ore suspect of your company. Seems you are hiding from something.

  7. #32
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    Ps. Your registrar information indicates that your administration is in Ontario. Your use of the Texas based IPlanet server legally binds you to our nations laws. As far as I know Texas is still a part of the US.
    Why do you not put your address on the web? Not doing so makes me even ore suspect of your company. Seems you are hiding from something.
    Again, we are bound by US laws with the company we purchase our servers from. Purchasing service from us is done by Canadian law. Again, stop with this, obviously you believe it something and I (with legal training) believe otherwise. Leave it at that.
    What does our address not on our website have to do with anything? We are not hiding our location. There are many companies without their address on the website. Our address is available whois, as you obviously got it and client request. There is no need for it on our website. This is NOT even apart of the topic or issue of this post.

  8. #33
    KRZILLC Guest
    PeachyDandy,
    I was not planning on responding to this forum until I have read the response to what you have quoted from me.
    We've been offering hosting for over 4 years under a different name. We are a host you can reply on. Stating a fact instead of an intital opinion is wrong. We state this in a very detailed and straight forward section in our TOS. We all know as hosters, webmasters can make mistakes and forget to edit certain points.
    However, the refund policy is for errors we make, if we make them we will honour and refund. With our prices, we've had to make help for abusers.
    First and foremost, I can assure you that most of us who are responding and reading this thread do not care how many happy clients you have, or how many years you have been in operation as that is of no use to the context of this thread. (This is not a thread about your companies history)
    Second, a terms of service is the contract in which the customer signs and is bound to the rules of the contract upon agreement. The customer is not responsible for errors in which the provider makes as that is an error on the provider's end and the provider should take full responsiblity of errors before making statements to the customer.
    Third, When you conduct business with an american citizen, whether you are located in Canada, United States, Japan, United Kingdom, or where ever you may be, all business between you are bound by law in both the customer and the providers country, not just your own.
    Lastly, you state on your website there is a 45 day money back guarantee, and yet on your hosting terms of service, you state its a CONDITIONAL 45 day money back guarantee. That would be considered bait and switch.
    I would recommend you contact a legal professional to review your contracts and website before you make statements which will make an even worse impression on your company.
    Best of luck with your business.

  9. #34
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    PeachyDandy,
    I was not planning on responding to this forum until I have read the response to what you have quoted from me.
    First and foremost, I can assure you that most of us who are responding and reading this thread do not care how many happy clients you have, or how many years you have been in operation as that is of no use to the context of this thread. (This is not a thread about your companies history)
    Second, a terms of service is the contract in which the customer signs and is bound to the rules of the contract upon agreement. The customer is not responsible for errors in which the provider makes as that is an error on the provider's end and the provider should take full responsiblity of errors before making statements to the customer.
    Third, When you conduct business with an american citizen, whether you are located in Canada, United States, Japan, United Kingdom, or where ever you may be, all business between you are bound by law in both the customer and the providers country, not just your own.
    Lastly, you state on your website there is a 45 day money back guarantee, and yet on your hosting terms of service, you state its a CONDITIONAL 45 day money back guarantee. That would be considered bait and switch.
    I would recommend you contact a legal professional to review your contracts and website before you make statements which will make an even worse impression on your company.
    Best of luck with your business.
    When you post, we have a right to reply and respond to your post.
    I know it wasn't about happy clients and years in business. However, I was responding to a post, in which I'm entitled to.
    Second: Did you not read our original and sequent posts, in which we refunded the user because of that error.
    Third: I never said I wasn't bound by US laws. You misinterpret what I state about laws. I'm not going to bother with it as it, as its not about the refund.
    Lastly: We corrected the stated the OP said immediately, same time as the post. We also stated if you find any other statements, pm me.
    Website is fine. Are you are legal professional? So, don't blow your horn like you are righteous. We made a mistake and corrected it.
    We continuously replied politely and kindly, yet all we get is bashing and rude attitude like your own.
    I'm done replying. We correctly the matter of the OP and was polite and tired to show our side. However, all we've got is hustle replies and statements.
    </done>

  10. #35
    Join Date
    Feb 2007
    Location
    Florida
    Posts
    1,932
    I did not mean for this thread to become an attack on the company. We all make mistakes and in this case the mistake was corrected and an apology was issued (a refund was also but was not the basis of this thread so PeachyDandy did go above and beyond what was expected of them). Legalities aside, had I taken the initiative to have read the TOS I would have questioned it prior to signing up and the problem averted, I did not but neither was I directed towards it when the issue came up. Needless to say I could have easily taken other methods to obtain a refund but it would not have corrected the situation nor would it have put the company in a position to make a responsible and professional decision like it did.

  11. #36
    Join Date
    Dec 2007
    Location
    Pensacola, FL
    Posts
    312
    1) Yes it was bait and switch, regardless of whether it was a mistake.
    2) Your ToS clearly contradicted your advertisements at the time the post was made, no one made any assumptions save for your support staff.
    3) As stated before your are bound by US Law if you do business with someone who is in the US.
    Hundreds of happy customers... in under a year, right. Enjoy the negative publicity, you should train your service staff not to accuse your customers of dishonesty.
    -fin
    Thales

  12. #37
    KRZILLC Guest
    When you post, we have a right to reply and respond to your post.
    I know it wasn't about happy clients and years in business. However, I was responding to a post, in which I'm entitled to.
    Second: Did you not read our original and sequent posts, in which we refunded the user because of that error.
    Third: I never said I wasn't bound by US laws. You misinterpret what I state about laws. I'm not going to bother with it as it, as its not about the refund.
    Lastly: We corrected the stated the OP said immediately, same time as the post. We also stated if you find any other statements, pm me.
    Website is fine. Are you are legal professional? So, don't blow your horn like you are righteous. We made a mistake and corrected it.
    We continuously replied politely and kindly, yet all we get is bashing and rude attitude like your own.
    I'm done replying. We correctly the matter of the OP and was polite and tired to show our side. However, all we've got is hustle replies and statements.
    </done>
    I apologize if you feel all the other posters and I, which gave our point of view were being rude to you, Then I understand I was wrong for stating my opinion throughout this thread. Once again I do apologize and wish nothing but the best for you and peachydandy.

  13. #38
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    1) Yes it was bait and switch, regardless of whether it was a mistake.
    2) Your ToS clearly contradicted your advertisements at the time the post was made, no one made any assumptions save for your support staff.
    3) As stated before your are bound by US Law if you do business with someone who is in the US.
    Hundreds of happy customers... in under a year, right. Enjoy the negative publicity, you should train your service staff not to accuse your customers of dishonesty.
    -fin
    Thales
    1) Wasn't a bait and switch. It was a mistake in one part of the website which was corrected.
    2) We weren't aware of the error when the OP posted, when we found out and posted OUR reply, we corrected and I personally refunded for the error.
    3) You misinterpret what I meant about US laws and how we are bound. We never said we weren't.
    Again, you didn't read this thread. We've been in business under a different name for 4 years. Under Peachy Dandy, yes, we have, and can show proof to WHT representatives of WHMCS stats.
    Your actions regarding this matter is childish and immature, grow up. You are knowingly bashing and making false claims, even when the OP was stated the matter was a mistake, we apologized and corrected.
    I have treated everyone with respect and politeness, even through this bashing, please do the same.
    See what I mean mods?
    </end>

  14. #39
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    I apologize if you feel all the other posters and I, which gave our point of view were being rude to you, Then I understand I was wrong for stating my opinion throughout this thread. Once again I do apologize and wish nothing but the best for you and peachydandy.
    I apologize on my behalf. Stating opinions before the fact is alright. Stating them after is fine, but I feel it's a bashing attack on a matter that was resolved. Again sorry on my behalf.

  15. #40
    Join Date
    Dec 2002
    Location
    Quad Cities, Iowa
    Posts
    1,606
    It appears this matter was resolved. If the original poster has anything more to add, he can contact our helpdesk and have the thread reopened.
    /thread

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