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  1. #1
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    Constant - be aware - monthly contracts question

    Its not often that i post review, but Constant deserved.

    I was using a dedicated Server from Constant for some time for development system, i had no problems with them. support fixed all issues properly, upgrade also worked without problems.

    I don't need it anymore so i decide to cancel it, and this is the response i got:

    > We require a 60 day notice on all cancellations per
    > our Terms of Service:
    > https://www.constant.com/corporate/t...conditions.php

    while its true that it is written in TOS, its stated nowhere in the order itself. so basically constant is not offering any monthly contracts, which every client would assume when he see "xxx USD/month" and no statement of a minimum contract period.

    IMO hiding this part is extremely scammy. 30days is fine, this is something someone expects, but 2 months is to much. i checked some other TOS, and still need to find one with more than 30days.

  2. #2
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    We often get influx of orders/growth spurts ups and downs etc so we chose to go with another provider in New York area because of this, we cant be bound to 60 day notice.

    Quote Originally Posted by fifilein View Post
    Its not often that i post review, but Constant deserved.

    I was using a dedicated Server from Constant for some time for development system, i had no problems with them. support fixed all issues properly, upgrade also worked without problems.

    I don't need it anymore so i decide to cancel it, and this is the response i got:

    > We require a 60 day notice on all cancellations per
    > our Terms of Service:
    > https://www.constant.com/corporate/t...conditions.php

    while its true that it is written in TOS, its stated nowhere in the order itself. so basically constant is not offering any monthly contracts, which every client would assume when he see "xxx USD/month" and no statement of a minimum contract period.

    IMO hiding this part is extremely scammy. 30days is fine, this is something someone expects, but 2 months is to much. i checked some other TOS, and still need to find one with more than 30days.

  3. #3
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    That is nothing out of the ordinary all of their 1/2 dozen or more brands require a contract of some sort. Choopa for example is (or at least was, if they haven't changed it) a 12-month contract for all services.

  4. #4
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    If it is in the contract, well then...you agreed to that upon placing your order. Too late now. Whether you remain with them long term is a decision up to you, but you can't be made at them, for you not reading the contract fully originally. 60 days cancel clause isn't the norm these days on Dedicated Server, but it is not unreasonable. As long as I knew about it it in advance, I would not be mad about it.
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  5. #5
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    Quote Originally Posted by RyanD View Post
    That is nothing out of the ordinary all of their 1/2 dozen or more brands require a contract of some sort. Choopa for example is (or at least was, if they haven't changed it) a 12-month contract for all services.
    what is the problem with a contract and a minimum contract period, nothing. i have a monthly contract with a one year minimum contract period for my production system. as it was written on the offer - pretty standard.

    Payment Terms: Monthly
    Min Contract Period: 12Months
    Sign here ..

    you'd be rather surprised if they hide another 12months in the TOS, or?

    I don't even have a problem with 30days notice, that is reasonable to expect. 60days for an out-of-the-box service is not reasonable. On top of that, they want those 2 months in advance, even less reasonable.

    (its also stupid imo, because you alienate clients. i was satisfied with constant and was thinking about using them again for another project - removed from the shortlist)
    Last edited by fifilein; 03-22-2013 at 05:05 PM.

  6. #6
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    Feb 2004
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    Piscataway, NJ
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    FiFileIn,

    Sorry to hear about your troubles. I assure you there is nothing "scammy" about our services. Private message me your account number and I'll look into it.

    Regards,
    David

  7. #7
    Join Date
    Dec 2012
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    42
    I am not gonna do that.

    I did not post to get attention from Constant, but to make other people aware that you are hiding disadvantageous things in the TOS.

    I checked burst.net, Hetzner, Server4You, and none of them has 60days (for dedicated servers). 30days is the max i could find and this is also within the range to be expected.

  8. #8
    incero does the same thing. lure customers in with 'no contract monthly plan' and then pull out the 60-day cancel TOS thing when you try to cancel.

    i think its very disingenuous. if there is a 60 day cancel period then dont advertise it as a 'no contract' offer.

    fwiw here in Australia legislation prohibits companies from hiding important terms in the fine print.

  9. #9
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    I love this place sometimes. Only here can a printed agreement be a scam. You agreed to it, it's not their fault you lack the reading skills to read what you've agreed to. Whether or not you think it's reasonable or what you would do, it doesn't matter. It's their service and they can do a 30 day or a 60 day or a 42 day. You agreed to it. Learn from it and move on. +1 vote on making "scam" a censored word here, or perhaps a reading comprehension test before being allowed to use it.
    I wish all my traffic went through AS174.

  10. #10
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    Dec 2012
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    Quote Originally Posted by sirrobin View Post
    fwiw here in Australia legislation prohibits companies from hiding important terms in the fine print.
    same for most countries in Europe, terms which are "not to be expected" or "unreasonable" are invalid.


    somewhat amusing that people defend this.

  11. #11
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    webmaster cant seem to read so its a scam lol

  12. #12
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    Dec 2012
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    scam [skćm] Slang
    a stratagem for gain; a swindle

    Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003


    selling a "monthly" contract and hiding a two month notice period, which by definition makes it a "bi-monthly" contract, meets the definition!

    or do you call the contracts from cell companies when you get subsidies for a new phone also a "monthly contract", despite being stuck for two years?

  13. #13
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    Quote Originally Posted by fifilein View Post
    selling a "monthly" contract and hiding a two month notice period, which by definition makes it a "bi-monthly" contract, meets the definition!
    Wrong. It's not a "monthly contract". It's an ongoing contract with monthly payment terms and 60 day cancellation period.

    Edit: For your mobile phone example, it's an ongoing contract with monthly payment terms and cancellation-without-penalty after 2 years.
    Last edited by Postbox; 03-22-2013 at 10:38 PM.

  14. #14
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    Is this another case of "sign-up" and read the ToS later?
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  15. #15
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    Only here can a printed agreement be a scam
    I forget what the exact term is but the meme is along the lines that contracts have to be reasonably fair or in line with what is promoted, I think there are legal escapes if not (this varies in applicability by country). Take for example software, lets say over the course of a year we install several pieces of software, how many read the EULA? If part of the agreement 3 pages down said that you now became property of Apple Inc and could be used in experiments such as the Human Ipad (reference the Southpark episode - you retard you didnt read the TOS) would you foster the same attitude?

    I like the phrase pot-kettle-black Im pretty sure most us skip over the lengthy TOS on many things (did you read TOS on joining gmail, hotmail, faceache and so forth), if a company promotes monthly contract then it would be reasonable expectation not to be bound by 3 months of payment (1 month + 2 months cancellations). This is kind of nonesense is like the urpad deal, advertise 30 day money back guarantee as headline on frontpage and then buried in TOS exclude the main/primary products, it stinks.

    Rather, only here can someone headline promote something and then exclude the exact benefit in the TOS, and only here would someone dream of defending it. Just to be clear a cancellation period of such isnt neccessarily a negative point or an extreme amount, it is the method and wording used to promote the product inferring something opposed what the TOS indicate.

    Lets promote clarity rather than defend ambiguity and arguably deceptive marketing!
    Last edited by MattF; 03-23-2013 at 01:29 AM.
    MattF - Since the start..

  16. #16
    It really shouldnt be that hard to inform potential cutomers of the cancellation period required in the TOS right on the page where servers are advertised.

    like hetzner does it - http://grab.by/kY6q

    No need to bury something this important in the fine print.

  17. #17
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    Quote Originally Posted by cd/home View Post
    Is this another case of "sign-up" and read the ToS later?
    Yes and yet another case of refusing to admit that and branding his host "scam".
    I choose not to use my signature for advertising.

    It doesn't matter how much you claim how important your data is. If it's not backed up, it's not important.

  18. #18
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    Interesting. Thank you for the review.

    I see these guys have been running a HUGE advertising campaign. Not only through GoogleAds but even on FB. I see them all day long. With that being said, I agree that 60 days cancellation is out of the norm you see from most hosting companies. Typically it's 15-30 days most of the time. But if it's in their AUP and you checked off you read it on sign up, it's not really their fault or them being "scammy". It's clearly posted.

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  19. #19
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    Quote Originally Posted by fifilein View Post
    while its true that it is written in TOS, its stated nowhere in the order itself. so basically constant is not offering any monthly contracts, which every client would assume when he see "xxx USD/month" and no statement of a minimum contract period.
    Uhh, hate to burst your bubble, but the attached screenshot is 100% contradictory to your statement above.
    Attached Thumbnails Attached Thumbnails Constant.jpg  
    Doug Hazard - "retired" Web Hosting Master
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  20. #20
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    Quote Originally Posted by Douglas View Post
    Uhh, hate to burst your bubble, but the attached screenshot is 100% contradictory to your statement above.
    Untrue he said it's not stated on the order page, IT is not stated on the order page, linking to another page is NOT on the order page, learn to read.

  21. #21
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    Quote Originally Posted by DOF|Chris View Post
    Untrue he said it's not stated on the order page, IT is not stated on the order page, linking to another page is NOT on the order page, learn to read.
    A little respect would be appreciated around these parts, sheesh..
    AS395558

  22. #22
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    I try to read through these TOS and contracts, but you tend to forget the details. I've cancelled a couple of servers, and always asked the company way beforehand about the last possible moment to ask for cancellation. Works every time.

    Yeah, it's not a scam. "Fine print" maybe, and perhaps not even that.

  23. #23
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    Quote Originally Posted by DOF|Chris View Post
    Untrue he said it's not stated on the order page, IT is not stated on the order page, linking to another page is NOT on the order page, learn to read.
    First of all... lose the attitude, kid.

    Second of all, not reading but still signing that you have read and understand the Terms of Service or Acceptable Usage Policies is not an excuse for not actually reading the page(s).

    Ignorance often fails as an excuse. Running to WHT and posting about said ignorance often fails as well.

    I had ZERO issues locating the specific section where it states that all cancellations must be submitted in no less than 60 days.

    For the record, 95% of hosting providers handle their Terms of Service agreement (and signing) in a very similar fashion.

    Oh, as a side note (different product/service, but still the same issue): I got hit with the same exact thing last year. I wanted to cancel my Comcast Business class internet so I could downgrade to the Residential side of Comcast HSI. I originally signed a three year contract.

    In that contract it states that if a cancellation request is not received no less than 60 days from the end of the current cycle (again, three years) that the contract would be renewed on a yearly basis. I contacted them April 10th, 2012 to cancel for May 6th, 2012. Because I brainfarted on the time-frames, the contract was renewed for one additional year. My wallet took a hit, but you can be damn sure I did not make that mistake again for this year.

    If you do not read (nor remember) the cancellation policy, you are legally obligated to the terms stated. In this case, the OP needs to pay the bill, file a PROPER cancellation and learn from this experience.
    Last edited by Douglas; 03-23-2013 at 01:31 PM.
    Doug Hazard - "retired" Web Hosting Master
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  24. #24
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    I think the point the OP is making is if they required 60 days in advanced cancellation request, then it shouldn't be labelled month-to-month.

    For example, if you tried them with one month. Found their services do not suit you and want to cancel. Under their ToS, this terms of "month-to-month" becomes invalid. Which I believe should be false advertisement if brought to small claims.

    Just because it's written in a ToS it doesn't mean it's legal.

    The least they could have done is Month-to-Month* with an asterisk.
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  25. #25
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    Quote Originally Posted by lonea View Post
    I think the point the OP is making is if they required 60 days in advanced cancellation request, then it shouldn't be labelled month-to-month.

    For example, if you tried them with one month. Found their services do not suit you and want to cancel. Under their ToS, this terms of "month-to-month" becomes invalid. Which I believe should be false advertisement if brought to small claims.

    Just because it's written in a ToS it doesn't mean it's legal.

    The least they could have done is Month-to-Month* with an asterisk.
    +1 Same thing:

    http://www.webhostingtalk.com/showth...t=constant.com

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