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  1. #26
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    Mar 2005
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    Quote Originally Posted by ayksolutions View Post
    Yeah, I was about to mention the same thing. Wonder why he has not responded here. Sounds like he took advantage of a lot of people...
    Actually, I hadn't posted as I hadn't received any email notifications until Francisco posted up the post above mine now.

    We've had thousands of dollars of refunds go out, and at this point we're paying out of pocket from the local day-jobs that we've taken as the hundreds of people who filed chargebacks with their credit card providers have cost us tens of thousands of dollars in chargeback fees alone. It's quite sad to see a stack of chargebacks come in every day.

    To those who are perpetuating that $90k+ was stolen, you're reading the claims of the previous general manager of Brohoster who has had no involvement in the company for months. Our monthly costs at Brohoster were greater than the monthly income. Club Uptime and it's finances were sound, however since the two companies shared both bank accounts and Softlayer accounts, Brohoster pulled Club Uptime down.

    We had a buyer for Brohoster and Club Uptime that was supposed to take over the companies for the cost of the debt, however several hours before he was supposed to remit payment to Softlayer (which was also hours before they cut us off), he decided to back out on the deal offering us $7800 for the client database so he could just email the clients offering them to move to him. Since he's still under contract, we can't mention names. But, once the NDA expires, we definitely will if the subject is still in question.

    To those of you expecting refunds: If you paid with PayPal, open a dispute. If you paid via Credit Card, please contact us. Chargebacks affect us (Brian and Myself) personally, and due to the large amount of people who filed them (and drained the left over funds in doing so), we're stuck paying out of pocket with the money we earn working crap jobs locally. Working with us will get you your money faster -- filing chargebacks just slows everything down as we're stucking paying a LOT more out of pocket.
    Matthew Rosenblatt, and I do lots of things.
    Used to be a full time server administrator, now I help build cruise ships and inspect homes.
    My company, Ferrell Solutions, specializes in home inspections and property management.
    RecallScan is a service for monitoring appliances and vehicles in your home for recalls.

  2. #27
    Quote Originally Posted by Matt R View Post
    Actually, I hadn't posted as I hadn't received any email notifications until Francisco posted up the post above mine now.

    We've had thousands of dollars of refunds go out, and at this point we're paying out of pocket from the local day-jobs that we've taken as the hundreds of people who filed chargebacks with their credit card providers have cost us tens of thousands of dollars in chargeback fees alone. It's quite sad to see a stack of chargebacks come in every day.

    To those who are perpetuating that $90k+ was stolen, you're reading the claims of the previous general manager of Brohoster who has had no involvement in the company for months. Our monthly costs at Brohoster were greater than the monthly income. Club Uptime and it's finances were sound, however since the two companies shared both bank accounts and Softlayer accounts, Brohoster pulled Club Uptime down.

    We had a buyer for Brohoster and Club Uptime that was supposed to take over the companies for the cost of the debt, however several hours before he was supposed to remit payment to Softlayer (which was also hours before they cut us off), he decided to back out on the deal offering us $7800 for the client database so he could just email the clients offering them to move to him. Since he's still under contract, we can't mention names. But, once the NDA expires, we definitely will if the subject is still in question.

    To those of you expecting refunds: If you paid with PayPal, open a dispute. If you paid via Credit Card, please contact us. Chargebacks affect us (Brian and Myself) personally, and due to the large amount of people who filed them (and drained the left over funds in doing so), we're stuck paying out of pocket with the money we earn working crap jobs locally. Working with us will get you your money faster -- filing chargebacks just slows everything down as we're stucking paying a LOT more out of pocket.
    I would like to point out that if they took it upon themselves to issue refunds in a timely manner there wouldn't be 'tens of thousands of dollars' of chargebacks.

    They decided not to, hoping the majority of people wouldn't bother with a refund. You can also see that they have no intention of issuing refunds themselves, despite previous claims. They expect you to file a dispute or contact them.

    You can see from a poster above, the contacting them option isn't working out so well:

    Quote Originally Posted by skoh View Post
    I sent a request to clubuptime@gmail.com on 30/Jul, but have yet to receive a response.

  3. #28
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    Mar 2005
    Location
    Orlando, Florida
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    Quote Originally Posted by bobcat00 View Post
    I would like to point out that if they took it upon themselves to issue refunds in a timely manner there wouldn't be 'tens of thousands of dollars' of chargebacks.

    They decided not to, hoping the majority of people wouldn't bother with a refund. You can also see that they have no intention of issuing refunds themselves, despite previous claims. They expect you to file a dispute or contact them.

    You can see from a poster above, the contacting them option isn't working out so well:
    Actually, that's far from true. We noted that we had VERY limited funds when we closed down and we started distributing those funds for refunds immediately. However, there was a large group of people who would rather file chargebacks than work with a company. Each chargeback costs us $35, and once you get hundreds of them they add up very quickly.

    Edit: Also, the reasoning behind stating to open up a dispute with PayPal is that we've worked out a payment plan with them. Every dispute that is legitimate and paid out is covered under our payment plan. Our merchant provider on the other hand is not willing to work with us in that sense, so credit card charges get first priority so funds can be distributed more efficiently.
    Last edited by Matt R; 08-29-2011 at 05:46 PM.
    Matthew Rosenblatt, and I do lots of things.
    Used to be a full time server administrator, now I help build cruise ships and inspect homes.
    My company, Ferrell Solutions, specializes in home inspections and property management.
    RecallScan is a service for monitoring appliances and vehicles in your home for recalls.

  4. #29
    Join Date
    May 2002
    Posts
    1,062
    Quote Originally Posted by Matt R View Post
    Actually, that's far from true. We noted that we had VERY limited funds when we closed down and we started distributing those funds for refunds immediately. However, there was a large group of people who would rather file chargebacks than work with a company. Each chargeback costs us $35, and once you get hundreds of them they add up very quickly.

    Edit: Also, the reasoning behind stating to open up a dispute with PayPal is that we've worked out a payment plan with them. Every dispute that is legitimate and paid out is covered under our payment plan. Our merchant provider on the other hand is not willing to work with us in that sense, so credit card charges get first priority so funds can be distributed more efficiently.

    "I sent a request to clubuptime@gmail.com on 30/Jul, but have yet to receive a response."

    Hope it's not a 'yabm', why didn't you even bother to send these people a mail who send a question to the gmail adress ?
    If you pay peanuts, you get monkeys.

  5. #30
    Join Date
    May 2002
    Posts
    1,062
    Quote Originally Posted by kpmedia View Post
    I just noticed Matt R's account is unlocked, and he was posting here today.


    ...
    Hope he keeps it humble in his postings.
    If you pay peanuts, you get monkeys.

  6. #31
    Join Date
    Feb 2006
    Location
    Kepler 62f
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    16,703
    Quote Originally Posted by Matt R View Post
    It's quite sad to see a stack of chargebacks come in every day.
    Yes, yes ... just as sad as it was for somebody to go online one day and see their host had bailed on them and disappeared. Then they had to spend lots of their own time fighting for the return of data (some of which never came), and then fret about refunds.

    Not to mention having the chore of finding a new host as quickly as possible, while their sites/content were down.

    So forgive us if we don't cry you a river.

    Not trying to pick on you here, but this attempt to always blame everybody else has gotten old. Buyer protection from credit cards is federal law (FCBA, look it up). It was, to be quite blunt and honest, created to protect us from people like you. I hate that it has to come off so cold and mean that way, but it's 100% the truth.


    ..
    Last edited by kpmedia; 08-30-2011 at 01:01 AM.

  7. #32
    Join Date
    May 2002
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    1,062
    Quote Originally Posted by kpmedia View Post
    Yes, yes ... just as sad as it was for somebody to go online one day and see their host had bailed on them and disappeared. Then they had to spend lots of their own time fighting for the return of data (some of which never came), and then fret about refunds.

    Not to mention having the chore of finding a new host as quickly as possible, while their sites/content were down.

    So forgive us if we don't cry you a river.

    Not trying to pick on you here, but this attempt to always blame everybody else has gotten old. Buyer protection from credit cards is federal law (FCBA, look it up). It was, to be quite blunt and honest, created to protect us from people like you. I hate that it has to come off so cold and mean that way, but it's 100% the truth.


    ..
    Very well said. Matt wants to make it look like he's the victim, it's the other way around, his clients were victim of his poor management.
    If you pay peanuts, you get monkeys.

  8. #33
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    Jan 2003
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    U.S.A.
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    3,928
    Quote Originally Posted by kpmedia View Post
    Yes, yes ... just as sad as it was for somebody to go online one day and see their host had bailed on them and disappeared. Then they had to spend lots of their own time fighting for the return of data (some of which never came), and then fret about refunds.

    Not to mention having the chore of finding a new host as quickly as possible, while their sites/content were down.

    So forgive us if we don't cry you a river.

    Not trying to pick on you here, but this attempt to always blame everybody else has gotten old. Buyer protection from credit cards is federal law (FCBA, look it up). It was, to be quite blunt and honest, created to protect us from people like you. I hate that it has to come off so cold and mean that way, but it's 100% the truth.


    ..
    I think at the same time you also need to look at the victims who had to explain that their hosting provider is bailing on them to their clients or visitors. I am sure that the cost to move and the headaches is a lot more than that $35.00 for each chargeback. I would rather rest peacefully knowing that my provider has my best interest in mind and would understand my frustration.

  9. #34
    Join Date
    Aug 2006
    Posts
    31
    I didn't get it yet!

  10. #35
    Join Date
    Oct 2010
    Posts
    154
    Since there's no reponse for the first email, I sent another on 10/Aug. Again, there's no response till date.

  11. #36
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    May 2002
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    1,062
    Quote Originally Posted by skoh View Post
    Since there's no reponse for the first email, I sent another on 10/Aug. Again, there's no response till date.
    Why not go with Paypal directly ?
    If you pay peanuts, you get monkeys.

  12. #37
    Join Date
    Oct 2010
    Posts
    154
    Quote Originally Posted by target View Post
    Why not go with Paypal directly ?
    Payment was done in April for an annual plan through credit card (processed by PayPal though).

    It's not a big sum, but let's see if Matt is serious about refunding ex-customers who don't practise dispute/chargeback.

  13. #38
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    U.S.A.
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    Quote Originally Posted by skoh View Post
    Payment was done in April for an annual plan through credit card (processed by PayPal though).

    It's not a big sum, but let's see if Matt is serious about refunding ex-customers who don't practise dispute/chargeback.
    Keep in mind that after 60 days he will be unable to refund you your original transaction.

    https://www.paypal.com/helpcenter/ma...entopic=800062

  14. #39
    Join Date
    May 2002
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    1,062
    Quote Originally Posted by skoh View Post
    Payment was done in April for an annual plan through credit card (processed by PayPal though).

    It's not a big sum, but let's see if Matt is serious about refunding ex-customers who don't practise dispute/chargeback.
    I'll pray for you
    If you pay peanuts, you get monkeys.

  15. #40
    Seeing as the Ex-Staff (myself included) still have not been paid for their last two weeks, I personally would not put much hope into being refunded.

  16. #41
    Join Date
    Jul 2011
    Location
    Melbourne, Australia
    Posts
    352
    Yeah, looks like it's safe to say that ex-customers won't be receiving refunds from this host.

  17. #42
    Yeah I figured as much. Hope that those who paid with a credit card can still do a charge back.

  18. #43
    Join Date
    Mar 2005
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    Orlando, Florida
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    Quote Originally Posted by thezombiehunter View Post
    Seeing as the Ex-Staff (myself included) still have not been paid for their last two weeks, I personally would not put much hope into being refunded.
    Tyler, as was explained to you several times, staff payments come last. We've had thousands of dollars of refunds go out to clients. The clients come first. At this point, it's more than obvious that you're trying to resurrect old threads for the sole intentions of making situations worse. As you're not a client and you're unaffiliated with Club Uptime and/or Brohoster at this point minus the non-disclosure agreement you signed, your input is invalid and in no way reflects the standing of our payouts to clients.
    Matthew Rosenblatt, and I do lots of things.
    Used to be a full time server administrator, now I help build cruise ships and inspect homes.
    My company, Ferrell Solutions, specializes in home inspections and property management.
    RecallScan is a service for monitoring appliances and vehicles in your home for recalls.

  19. #44
    Join Date
    Sep 2006
    Location
    The Not So Deep South
    Posts
    931
    Quote Originally Posted by Matt R View Post
    staff payments come last.
    It's a shame Federal Labor & Bankruptcy laws disagree.

    Employees are assigned the highest priority as creditors with the exception of secured creditors in the demise of a business, and if this business is not already in Chapter 7, the former employees should force it into Chapter 7 as you are clearly doing what you want, and not what is required by law. Great way to have your protections pierced.

  20. #45
    Quote Originally Posted by mitgib View Post
    It's a shame Federal Labor & Bankruptcy laws disagree.

    Employees are assigned the highest priority as creditors with the exception of secured creditors in the demise of a business, and if this business is not already in Chapter 7, the former employees should force it into Chapter 7 as you are clearly doing what you want, and not what is required by law. Great way to have your protections pierced.
    Yup. It's a real shame to, because we all needed that money and were not even given a two week notice. We found out this was happening quite literally when the servers started going down.

    But, anyway, I'm not trying to start a argument here. My personal opinion on the matter is if the ex-staff have not been paid yet then the clients likely have not been refunded either.

  21. #46
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    Jul 2002
    Location
    Indiana
    Posts
    115
    Quote Originally Posted by Matt R View Post
    Tyler, as was explained to you several times, staff payments come last. We've had thousands of dollars of refunds go out to clients. The clients come first. At this point, it's more than obvious that you're trying to resurrect old threads for the sole intentions of making situations worse. As you're not a client and you're unaffiliated with Club Uptime and/or Brohoster at this point minus the non-disclosure agreement you signed, your input is invalid and in no way reflects the standing of our payouts to clients.

    It's been less than 2 weeks since the last post date, so it's hardly been "resurrected".

    First of all, you're a fool. You have no knowledge of how to run a business, and that's quite evident since you screwed up, miserably. You took a very good thing and ran it into the ground. You obviously have no business background what so ever.

    You think you have a lot of smarts in business law? Once again you've proven that you do not. As somebody pointed out a few posts up, employees receive first priority for compensation when a business is undergoing bankruptcy. You're admitting that you still owe money to these guys, so I suggest you start flipping burgers a little faster and get them taken care of.

    Do everybody a favor and never start a business (or take over one) ever again, please.
    Charles E. Decker IV (President) - Decker Services LLC
    Fast & Affordable Hosting, Reseller Accounts & Dedicated Servers
    Don't sacrifice price for quality or trust a fly-by-night company!
    Uptime: 99.98% | Better Business Bureau Rating: A- | Online Since: 1998

  22. #47
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    Orlando, Florida
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    Quote Originally Posted by deeplist View Post
    It's been less than 2 weeks since the last post date, so it's hardly been "resurrected".

    First of all, you're a fool. You have no knowledge of how to run a business, and that's quite evident since you screwed up, miserably. You took a very good thing and ran it into the ground. You obviously have no business background what so ever.

    You think you have a lot of smarts in business law? Once again you've proven that you do not. As somebody pointed out a few posts up, employees receive first priority for compensation when a business is undergoing bankruptcy. You're admitting that you still owe money to these guys, so I suggest you start flipping burgers a little faster and get them taken care of.

    Do everybody a favor and never start a business (or take over one) ever again, please.
    I never ran the business into the ground, Jacob did. I spent all of my time attempting to clean up after the mess he put the company into. That's been covered endlessly and has been supported endlessly by my "staff" up until very recently seeing as they were the ones who brought all of his issues to my attention and fully supported his being let go. It should also be noted that Jacob was paying each of these "staff" members $50 per week and expected them to work full time based on a mere $200/month. He was taking thousands of dollars per month for himself. I was able to get them up to $500/two weeks per "staff" member, but Jacobs poor business decisions prohibited growth and kept me from being able to make any of them full time staff rather than contractors due to financial constraints.

    In the end, they were not staff, they were contractors. sub-contractors. Those laws do not apply. Legally, in this situation, we're not required to pay them. However, we've asked them to be patient and out of all of the staff we've been in contact with, Tyler is the only one who has been far from patient -- especially since the company has quite literally no money and we're paying out of our own pockets as money comes in.

    Before assuming that I have no business knowledge, maybe you should ask questions and look at facts rather than the ramblings of 13-17 year old children on Facepunch and the like who spend their time spreading rumors and destroying lives in their spare time.
    Matthew Rosenblatt, and I do lots of things.
    Used to be a full time server administrator, now I help build cruise ships and inspect homes.
    My company, Ferrell Solutions, specializes in home inspections and property management.
    RecallScan is a service for monitoring appliances and vehicles in your home for recalls.

  23. #48
    Quote Originally Posted by Matt R View Post
    I never ran the business into the ground, Jacob did. I spent all of my time attempting to clean up after the mess he put the company into. That's been covered endlessly and has been supported endlessly by my "staff" up until very recently seeing as they were the ones who brought all of his issues to my attention and fully supported his being let go. It should also be noted that Jacob was paying each of these "staff" members $50 per week and expected them to work full time based on a mere $200/month. He was taking thousands of dollars per month for himself. I was able to get them up to $500/two weeks per "staff" member, but Jacobs poor business decisions prohibited growth and kept me from being able to make any of them full time staff rather than contractors due to financial constraints.

    In the end, they were not staff, they were contractors. sub-contractors. Those laws do not apply. Legally, in this situation, we're not required to pay them. However, we've asked them to be patient and out of all of the staff we've been in contact with, Tyler is the only one who has been far from patient -- especially since the company has quite literally no money and we're paying out of our own pockets as money comes in.

    Before assuming that I have no business knowledge, maybe you should ask questions and look at facts rather than the ramblings of 13-17 year old children on Facepunch and the like who spend their time spreading rumors and destroying lives in their spare time.
    Unfortunately, the IRS would disagree with you there. We had set hours, had a manager and were told what to do. This classifies us as Employees.

    You yourself referred to me as a employee several times. Infact, the "review" you sent me even referred to me as a employee:

    http://dsservers.net/images/Screensh...1_07.46.02.png

    Your lack of official two week notice and lack of payment already cost nick his apartment.

  24. #49
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    Mar 2005
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    Orlando, Florida
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    2,625
    Quote Originally Posted by thezombiehunter View Post
    Unfortunately, the IRS would disagree with you there. We had set hours, had a manager and were told what to do. This classifies us as Employees.

    You yourself referred to me as a employee several times. Infact, the "review" you sent me even referred to me as a employee:

    http://dsservers.net/images/Screensh...1_07.46.02.png

    Your lack of official two week notice and lack of payment already cost nick his apartment.
    Actually, if you would check the accounting records, you would see that he was paid extra on every paycheck as a method of assisting him clean up his credit. Just as Larry was sent an extra $500 when he needed it to replace his computers hard drives, and anyone else who needed extra money to help them get along was never turned down. And no -- You were NOT a full time employee, you were a 1099 subcontractor.
    Matthew Rosenblatt, and I do lots of things.
    Used to be a full time server administrator, now I help build cruise ships and inspect homes.
    My company, Ferrell Solutions, specializes in home inspections and property management.
    RecallScan is a service for monitoring appliances and vehicles in your home for recalls.

  25. #50
    Join Date
    Jul 2002
    Location
    Indiana
    Posts
    115
    Quote Originally Posted by Matt R View Post
    Before assuming that I have no business knowledge, maybe you should ask questions and look at facts rather than the ramblings of 13-17 year old children on Facepunch and the like who spend their time spreading rumors and destroying lives in their spare time.
    I don't know where you get off thinking that you don't have to legally pay anybody. You're so ignorant. If you had a contract of some kind with them to perform x amount of work at x amount of money, then yes, you DO owe them.

    For the record, I am not a member on facepunch, nor do I spend any time reading anything there. Do you even have a college degree? And if so, from where and in what? Go educate yourself and stop playing the blame game for your failures. You have no business being in any kind of a managerial position anywhere other than fast food, and that's iffy at best.
    Charles E. Decker IV (President) - Decker Services LLC
    Fast & Affordable Hosting, Reseller Accounts & Dedicated Servers
    Don't sacrifice price for quality or trust a fly-by-night company!
    Uptime: 99.98% | Better Business Bureau Rating: A- | Online Since: 1998

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