Web Hosting Talk : Web Hosting Main Forums : Web Hosting : HostPolar ripped me off (resolved)

[EGN-Steve]

I paid $263.99 to Host Polar on 2/16 for a VPS and a dedicated server for 1 month. The dedicated server was to have 16GB RAM memory. The dedicated server that was provided was only configured with 12GB RAM and after a week of promises to remedy the situation, nothing was done. I sent Host Polar notification of my intent to cancel the services on 2/23 as I had still not been provided what I paid for. They canceled my service but denied my request for a refund citing their Terms of Service. Their Terms of Service states "Payment will be deducted when services are delivered.", yet my payment was deducted and no services were delivered. Stay away.

[MikeDVB]

Originally Posted by EGN-Steve

I paid $263.99 to Host Polar on 2/16 for a VPS and a dedicated server for 1 month. The dedicated server was to have 16GB RAM memory. The dedicated server that was provided was only configured with 12GB RAM and after a week of promises to remedy the situation, nothing was done. I sent Host Polar notification of my intent to cancel the services on 2/23 as I had still not been provided what I paid for. They canceled my service but denied my request for a refund citing their Terms of Service. Their Terms of Service states "Payment will be deducted when services are delivered.", yet my payment was deducted and no services were delivered. Stay away.

Technically services were delivered - hopefully you paid via Credit Card if you're planning on charging back because if you paid via PayPal you're going to be out of luck.

[EGN-Steve]

Originally Posted by MikeDVB

Technically services were delivered - hopefully you paid via Credit Card if you're planning on charging back because if you paid via PayPal you're going to be out of luck.

Inadequate services may have been delieverd, but they were not the services paid for. Regardless of what their TOS says, they don't have a legal claim to my money if they don't provide what was paid for.

I paid by a bank transfer but I am filing with my local small claims court and will take remedy that way.

[MikeDVB]

Originally Posted by EGN-Steve

Inadequate services may have been delieverd, but they were not the services paid for.

I never said that they provided the service fully or as expected. I'm just saying that you can't technically say that they weren't provided.

Originally Posted by EGN-Steve

Regardless of what their TOS says, they don't have a legal claim to my money if they don't provide what was paid for.

I don't know, I'm not a lawyer - if you can't get your money back via a CC chargeback then you would want to speak with an attorney.

Originally Posted by EGN-Steve

I paid by a bank transfer but I am filing with my local small claims court and will take remedy that way.

Ah, sounds good - do speak with an attorney though if you haven't already... Many good attorneys will do a free consultation where you can at least get a feel for whether they feel you have a strong case or not.

Also, depending on where you are based and where the plaintiff is based, you may have to file suit in their locality. It becomes quite tricky with internet issues but in most cases, unless you can claim over $50,000 (a requirement for federal district court), you'll have to file in the county of one of their agents or their principal place of business.... Again - speak with an attorney

[EGN-Steve]

Originally Posted by MikeDVB

Also, depending on where you are based and where the plaintiff is based, you may have to file suit in their locality. It becomes quite tricky with internet issues but in most cases, unless you can claim over $50,000 (a requirement for federal district court), you'll have to file in the county of one of their agents or their principal place of business.... Again - speak with an attorney

They're in the same county as me so this will be no problem. Already have consulted my attorney on retainer and was advised to file.

[MikeDVB]

Originally Posted by EGN-Steve

They're in the same county as me so this will be no problem. Already have consulted my attorney on retainer and was advised to file.

Good, sounds like you have your ducks in a row. I obviously won't advise you legally as I have no legal training myself.

Good luck, let us know what happens.

[iHubNet-Matt]

Yes, you should get what you paid for. I think it is quite unprofessional from their end. They could have provided the resolution for the concern rather than denying you refund IMHO. Any way best of luck to get your money back. And update us with the progress.

[FlipperHost]

If I were you I would take legal action but not only ask for the amount I pay rather I would ask for an amount that would make them loose sleep and give them psychological stress and remember me for a longer time then they would want to

Note: Yes you can ask for 10 or 100 times more then you lost as you can claim indirect losses.

Good Luck

[EnvisionStar]

If you signed up on the 16th and contacted them on the 23rd you should be entitled to a refund for the vps according to their Terms of Service:

VPS servers are entitled to a 7 day money back guarantee.

[Techy]

Originally Posted by MikeDVB

Also, depending on where you are based and where the plaintiff is based, you may have to file suit in their locality. It becomes quite tricky with internet issues but in most cases, unless you can claim over $50,000 (a requirement for federal district court), you'll have to file in the county of one of their agents or their principal place of business.... Again - speak with an attorney

That's not 100% accurate. Depending on what types of clauses they have in their TOS or whatever you signed prior to receiving service is going to be dependent on where you go to court. For example, if you're a business owner in NY, and you sell a faulty product to someone in Dallas, and they bring it to a claims court in Dallas, unless specifically stating that ALL hearings will be held at such and such under New York State Law, then it goes by the way side, and they'd go to Dallas. Contract agreements are upheld in the court in which the contracts were made. Technically speaking, if you clicked the mouse button in Dallas and the services are from NY, Dallas is the place where the contract was entered.

[EnvisionStar]

According to their TOS:

These Terms and Policies are governed in all respects under the English law.

However, they does seem somewhat odd considering that their whois shows they are located in New York.

[Techy]

Originally Posted by Ceko

If I were you I would take legal action but not only ask for the amount I pay rather I would ask for an amount that would make them loose sleep and give them psychological stress and remember me for a longer time then they would want to

Note: Yes you can ask for 10 or 100 times more then you lost as you can claim indirect losses.

Good Luck

Extremely hard to prove and win in court, especailly small claims court where it's up to ~3,000 in most cases.

However, your legal fees may outweigh your award, which will most likely be a refund. Unless you can specifically quote and show the damages based on what you lost by not getting that extra 4GB and whatever else you ordered and didn't receive, then you won't be able to receive damages in that respect.

[Techy]

Originally Posted by EnvisionStar

According to their TOS:



However, they does seem somewhat odd considering that their whois shows they are located in New York.

That can be challenged, but to elaborate on my point, if you were located on the East coast of England and the user entered an agreement on the West coast of England, the BUSINESS would have to travel to the West coast in order to settle the dispute. There were no specifics provided, and both the East and West coasts of England are under jurisdiction or English law.

[EnvisionStar]

True, but I wouldn't think that you could be located in one country but use the laws of another country in a binding agreement like your TOS. That is like me being located in Texas but saying that we operate under the laws of Cuba when really we don't.

[Techy]

Originally Posted by EnvisionStar

True, but I wouldn't think that you could be located in one country but use the laws of another country in a binding agreement like your TOS. That is like me being located in Texas but saying that we operate under the laws of Cuba when really we don't.

That's why I said it could be challenged. But again, if you are INCORPORATED under Delaware state law, but HQ'd in Dallas, Tx then you can be tried under either law, but the precedent residign in Delaware where your business is incorporated. Law is truly fascinating.

I do not think you can cross jurisdictions and be an incorporated US company and operate under British Law though. I'm not an expert. I do know that you can be brought up on charges in a foreign country that you operate in, but I do not think you can operate under a foreign countries law if your business is not international.