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  1. #1
    Join Date
    Jul 2004
    Posts
    324
    uh, some major personal issues came about and i was unable to do anything with my server at pacificrack, they had sent me bills which i hadn't paid (for about 2 weeks), then shut off my server.
    now it's been well over a month that the server has been shut off and they're expecting me to pay for the time that it's been shut off.
    i owe them a certain amount of money to get it back up but they want to bill me for the full month that the server was disconnected and offline to me.
    am i right or wrong in this case for not expecting to pay the full month that the server has been offline?
    the times i had service with them, they seemed to be pretty good..

  2. #2
    Join Date
    May 2006
    Location
    EU & USA
    Posts
    3,684
    Your server is still in the facility and you seem not to have canceled your service so it is no more as normal you have to pay; if you go on holidays and not use your electricity or phoneline you still have to pay for it as well.
    Besides; it is not the fault of the company you did not pay your bills, your server would be up and running all this time.
    So sorry, i seem to think with the limited amount of data you gave us that you are wrong and they seem to be right.
    Nevertheless it would not hurt for a company to look at each client separately, sometimes things can happen out of control of the customer (i.e. need to leave their house due to a disaster or was suddenly admitted to a hospital ) in which a company could have been a bit more caring.

  3. #3
    Join Date
    Nov 2006
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    search.php?do=getnew
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    1,241
    It would be your responsibility to let them know you wish to cancel your server, regardless of what you are doing or where you are.

  4. #4
    Yep if you didn't say anything to do them and just left it then it would seem I'm afraid that your in the wrong. Some companys would also add late fee's etc as well.

  5. #5
    Join Date
    May 2006
    Location
    NJ, USA
    Posts
    6,645
    It would be your responsibility to let them know you wish to cancel your server, regardless of what you are doing or where you are.
    uh, some major personal issues came about and i was unable to do anything with my server at pacificrack, they had sent me bills which i hadn't paid (for about 2 weeks), then shut off my server.
    now it's been well over a month that the server has been shut off and they're expecting me to pay for the time that it's been shut off.
    i owe them a certain amount of money to get it back up but they want to bill me for the full month that the server was disconnected and offline to me.
    am i right or wrong in this case for not expecting to pay the full month that the server has been offline?
    the times i had service with them, they seemed to be pretty good..
    Sup jeev.
    Yes, you are at fault here. You failed to notify the provider of you not wanting the server anymore, therefore you (the CUSTOMER) breached your agreement with PacificRack (the PROVIDER) when you ordered their service. As far as they're concerned, it's still your server that has your data and they can't resell it to someone else because it's still in your name. They just stopped you from being able to reach it.

  6. #6
    Join Date
    Jan 2002
    Location
    Scotland, UK
    Posts
    2,688
    I am sorry to say, but as others have noted, Pacific are in the right here and you should pay up
    Although you might have not been using the server during the period it was shut down for the previous non-payments it was still sitting their storing your data and depreciating in value when they could have resold it to another paying customer. Unless you submitted a cancellation request then you are liable for all of the billings even if the server was suspended for a period.
    - Chris

  7. #7
    Join Date
    Dec 2000
    Location
    The Woodlands, Tx
    Posts
    5,974
    Although you might have not been using the server during the period it was shut down for the previous non-payments it was still sitting their storing your data and depreciating in value when they could have resold it to another paying customer. Unless you submitted a cancellation request then you are liable for all of the billings even if the server was suspended for a period.
    - Chris
    I'd have to agree with this. Servers go pretty quick. Anytime a server is still tied to a client, it needs to be producing revenue for them.... or released, formatted, and given to a new customer. Take your cell phone for example, you are still charged the monthly even if shut off for non-payment.

  8. #8
    Join Date
    Jul 2004
    Posts
    324
    ok, yea, i mean i understand the issue here.
    it's a colo, the server has been offline for over a month.
    that still doesn't matter? over a month, why get billed, cause it's sitting there?
    i'm not trashing them, their service was great since it had been up.
    thanks guys

  9. #9
    Join Date
    Dec 2000
    Location
    The Woodlands, Tx
    Posts
    5,974
    that still doesn't matter? over a month, why get billed, cause it's sitting there?
    In a datacenter, every unused inch is wasted money. If you are taking up space, you have to pay the bill on it. You arent just paying for the server, you are also paying for the space/electric/bandwidth/etc. Also keep in mind, a lot of places dont "shut down" the server, they just unplug the network from it. So it is still sitting there using electric as well. So even though "you" arent using it, it's still costing them revenue in electric and wasted space.
    I should also add, if you make a good effort to talk to them, they will probably make a good effort to work with you.
    Perhaps cut the bill down by however much.

  10. #10
    Join Date
    Apr 2003
    Location
    Winnipeg
    Posts
    198
    Why get billed? If you have an apartment and stay at a friends house for the month does that mean you shouldn't pay the rent on the apartment?
    If you buy a car and not drive it for the month does that mean you shouldn't make the payment that month?
    Read your agreement, you're paying for space (rent) and bandwidth and power and support (availability of support as well). You're taking up space and using resources, your bill is due and you need to pay it.

  11. #11
    Why get billed? If you have an apartment and stay at a friends house for the month does that mean you shouldn't pay the rent on the apartment?
    I think the rental argument is not quite right. At some point in the OP's service with PacificRack, the hoster chose to quit providing the services which were described in the contract (at least, I'm assuming that Pacific Rack says it provides both power and Internet).
    This choice is clearer in real-estate: if the landlord wants to terminate a rental contract (for example following breach of contract due to nonpayment), the landlord can choose to evict. But you can't change the locks, chain-link the fence, and still demand rent. Choosing to evict abrogates the contract.
    If Pacific Rack (and your cell phone provider) have well-written contracts, then this exact scenario will be described: the OP will have agreed that PacificRack are, in fact, providing the contracted service, even if PacificRack have cut-off power and Internet following the OP's non-payment.
    But you never know.

  12. #12
    Join Date
    Dec 2000
    Location
    The Woodlands, Tx
    Posts
    5,974
    This choice is clearer in real-estate: if the landlord wants to terminate a rental contract (for example following breach of contract due to nonpayment), the landlord can choose to evict. But you can't change the locks, chain-link the fence, and still demand rent. Choosing to evict abrogates the contract.
    Just a correction. It depends on location and local laws when it comes to real estate. In Texas, they can change your locks before eviction and still collect rent.... or they can hold the assetts you have in there until you do.

  13. #13
    Join Date
    Feb 2004
    Location
    Atlanta, GA
    Posts
    5,662
    Just a correction. It depends on location and local laws when it comes to real estate. In Texas, they can change your locks before eviction and still collect rent.... or they can hold the assetts you have in there until you do.
    Sounds like a current situation with a well known provider that is in trouble....

  14. #14
    Join Date
    Jul 2004
    Posts
    324
    Why get billed? If you have an apartment and stay at a friends house for the month does that mean you shouldn't pay the rent on the apartment?
    If you buy a car and not drive it for the month does that mean you shouldn't make the payment that month?
    Read your agreement, you're paying for space (rent) and bandwidth and power and support (availability of support as well). You're taking up space and using resources, your bill is due and you need to pay it.
    seriously, your apartment and car thing is a different story. you had the option to drive the car or stay at the apartment, the server was down.

  15. #15
    Join Date
    Nov 2005
    Location
    Denver, CO
    Posts
    728
    Jeev, the issue at hand is that you failed to pay your server fees at the previous billing period. I might of missed it but I doubt they disconnected the server right away. Even if they did, they did so probably in accordance with their TOS. What they didn't do was reformat your drive and resell the server to someone else.
    When you signed up for service, you agreed to pay your monthly fee. Most providers have a clause regarding late fees, delinquient accounts, etc. I know my provider says if you are 5 days late they disconnect the server and tack on a 10% surcharge. If I'm 14 days late that surcharge is 15%. If I'm a month overdue my server is gone and I'll probably get a call from a collections agent. I don't see PacificRack as being any different.
    They saved your data. They did not sell your server to someone else. that's what you're paying for regardless if you used it or not. If you failed to cancel or setup another arrangement with them, that's not their problem.

  16. #16
    Join Date
    Jul 2004
    Posts
    324
    i realize that, i didn't cancel it though, i didn't want to.
    i dunno, i'm sure what they're doing is right, i dont have any doubts.. but deep down inside, my principles say that it's NOT right to have to charge me for the month that it was down.
    principles outweigh money, the money isn't the issue.
    thanks for everyone's advice and input.

  17. #17
    Join Date
    Apr 2003
    Location
    Winnipeg
    Posts
    198
    The server was down, the car had a flat tire, the heat in the apartment didn't work. You clearly miss the analogy that you agreed to a contract and you're trying to weasel out of it.
    Don't forget that you also had the option of asking for the server to be rebooted. You're just busy trying to come up with some excuse to not pay and trying to get others to help justify your decision.
    Sure the host terminated the contract, but that was due to the OP breaking the contract by failing to make the required payments. That is within their rights of the contract/agreement. Also within that agreement will be details of how much the renter will owe in case of breach of contract.
    Is there an SLA? If you really want to get out of owing this money then try that route and it might work. The way it's going now you're just digging a larger hole for yourself.

  18. #18
    Join Date
    Dec 2000
    Location
    The Woodlands, Tx
    Posts
    5,974
    Sounds like a current situation with a well known provider that is in trouble....
    Yeah, I thought about using that as an example, but didnt want to mention names .. lol

  19. #19
    Join Date
    Dec 2002
    Location
    USA
    Posts
    339
    i realize that, i didn't cancel it though, i didn't want to.
    i dunno, i'm sure what they're doing is right, i dont have any doubts.. but deep down inside, my principles say that it's NOT right to have to charge me for the month that it was down.
    principles outweigh money, the money isn't the issue.
    thanks for everyone's advice and input.
    1) If you have not done so already and you are short on money, send them an email canceling service and arranging to have your server shipped back to you.
    If you do not, you may incur even more debt.
    2) You can have all the principles you like but in the hosting world and as the previous posters have pointed out, this is how business is conducted and you are liable for the bill.
    3) And yes, 'money is the issue' as you would not be in this situation if you paid money to the host.

  20. #20
    Join Date
    Jan 2005
    Location
    Scotland, UK
    Posts
    2,681
    There are two ways to look at it which is, follow the TOS to the letter and bill a customer who will pay and then leave or work out a solution that works for both you and them.
    Just to throw something else out there (and I have no idea about the OP, just a generalization) say the "personal issues" was something like his wife just died (IE something that would take your mind off any system you had) would you then follow the TOS to the letter or be alittle lenient to the customer?

  21. #21
    Join Date
    Dec 2002
    Location
    UCIrvine, Irvine, CA
    Posts
    193
    Just to throw something else out there (and I have no idea about the OP, just a generalization) say the "personal issues" was something like his wife just died (IE something that would take your mind off any system you had) would you then follow the TOS to the letter or be alittle lenient to the customer?
    That would be nice of them, but I guess the original question was who was in the clear, and I would have to agree with the others - PacificRack is well within their rights to bill him for the entire duration he had a server there (Regardless of whether it was off or not)

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