Results 1 to 17 of 17
  1. #1
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76

    legal actions from clients

    Hello everyone,

    We resale the products of BURSTNET to our customers. A customer ordered a dedicated box with hardware firewall. But even after 8 days, Hardware firewall is not setup. Tickets to them regarding this were not answered resonably.
    (Replies were,
    "will setup on monday"
    "i'll forward this to the other department")

    In this situation, the client informed that they are going to file a legal papers on us. We replied them to wait. But it is more than a week. So they lost their patience.

    Any suggestion to protect us from the legal actions?

    Thanks.

  2. #2
    Join Date
    Mar 2010
    Posts
    4,487
    Quote Originally Posted by srinidhi95 View Post
    Hello everyone,

    We resale the products of BURSTNET to our customers. A customer ordered a dedicated box with hardware firewall. But even after 8 days, Hardware firewall is not setup. Tickets to them regarding this were not answered resonably.
    (Replies were,
    "will setup on monday"
    "i'll forward this to the other department")

    In this situation, the client informed that they are going to file a legal papers on us. We replied them to wait. But it is more than a week. So they lost their patience.

    Any suggestion to protect us from the legal actions?

    Thanks.
    Having a proper TOS (Best being created with a lawyer on hand) and selling a service where you can ensure proper and fast delivery. This is different from state to state and country to country. Having a well thought out and written tos is the main way to prevent legal action being taken but people will still try regardless and cost you time and money.

  3. #3
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    techjr, thanks for the suggestion. Luckily we have written TOS as you said.
    But Is it enougth to tell a client to read the TOS, who is ready to take legal action?

  4. #4
    Join Date
    Oct 2009
    Posts
    1,036
    Can you PM me the ticket you opened with us? And as far as legal action, your TOS is very important.

  5. #5
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    Quote Originally Posted by BurstNET_CSM View Post
    Can you PM me the ticket you opened with us? And as far as legal action, your TOS is very important.
    Dear staff, I have sent you a PM with ticket id.

  6. #6
    Join Date
    Jan 2003
    Location
    U.S.A.
    Posts
    3,911
    What does your terms of service say regarding to delivery times?

  7. #7
    Join Date
    Jul 2009
    Location
    NC
    Posts
    929
    Refund the customer. They don't have a leg to stand on.
    ☆☆☆ Miss Names - Cool domain names for sale! - MissNames.com☆☆☆

    ☆☆☆ Find a new pet for your home ... Find a new home for your pet - WeGotPets.com☆☆☆

  8. #8
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    Quote Originally Posted by PogiWeb View Post
    What does your terms of service say regarding to delivery times?
    Delivery time of dedicated server is 72 hours as mentioned in our TOS

  9. #9
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    Quote Originally Posted by GORF View Post
    Refund the customer. They don't have a leg to stand on.
    Gorf, Refund will be a loss for us. We paid to BURSTNET for their resale service. And there is no mistake on us to refund. Still waiting for BURSTNET's reply.

  10. #10
    Join Date
    Jul 2009
    Location
    NC
    Posts
    929
    Quote Originally Posted by srinidhi95 View Post
    Gorf, Refund will be a loss for us. We paid to BURSTNET for their resale service. And there is no mistake on us to refund. Still waiting for BURSTNET's reply.
    Ask BN for a prompt refund as they have not been able to deliver. Then refund your customer.

    You need to read BN's TOS for situations like this.
    ☆☆☆ Miss Names - Cool domain names for sale! - MissNames.com☆☆☆

    ☆☆☆ Find a new pet for your home ... Find a new home for your pet - WeGotPets.com☆☆☆

  11. #11
    Join Date
    Jul 2008
    Posts
    457
    If you stay in the industry long enough you'll amass a collection of supposed client lawsuits. Everyone thinks they're a legal expert. Some of my favs..

    1. You have to tell me why my order was flagged for fraud under the "freedom of information act".

    2. Torrent server "admins" who threaten to sue if not given time and access to download the pirated movies and software they were stuffing the server with.

    3. Clients who don't pay their bill, wait a week past termination / reformat date and then make a payment and threaten to sue for the "millions of dollars worth of content you erased". We actually saved a drive image of this client's content and offered to ship him the drive for cost of the hardware plus shipping. Months later, he's still threatening to sue us despite having never paid for the drive and shipping.

    The Pirate Bay used to keep a collection of legal threat letters (back when torrent hosting was legal in Sweden). I think they called such threats "cartooneys" or something like that, as in non-existent, imaginary attorneys people threaten to sue you with.

    Refund the client and tell him to sue you for whatever he thinks he can get. I promise you no real attorney will waste time on it.

  12. #12
    Join Date
    Feb 2011
    Location
    Nirvana
    Posts
    1,391
    Yes, I would say refund the client and I'm sure BN will refund you. The company I have a reseller account with offers a 30 day money back guarantee which I'm able to extend to my clients.
    I'm sure BN stands behind their products and services and hopefully you will be able make suitable amends to the client.

    Good luck
    www.websitemagick.com "Add a little Magick to your Website"
    IwebNews.net

  13. #13
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    If BURSTNET says that they were not able to make hardware firewall, then we can apply for refund. But they are not updating the ticket. So cant able to know the status there.

  14. #14
    That is no good to make a customer to wait for such a long period without providing ETA.

  15. #15
    Join Date
    Jan 2003
    Location
    U.S.A.
    Posts
    3,911
    Quote Originally Posted by praveenkv1988 View Post
    That is no good to make a customer to wait for such a long period without providing ETA.
    I agree

    I know that it wasn't intended for you to wait so long to deliver and a small majority of clients would probably understand. The only real legal action I could see coming from this is damage to the buyers business. What does your TOS state in regards to your liability to possible damage you may have caused?

  16. #16
    Join Date
    Oct 2009
    Posts
    1,036
    I'll be responding to the OP's ticket right now. Suffice to say we will do whatever we can to help out. I have a few suggestions, but if a refund is the only way, we'll do that.

  17. #17
    Join Date
    Jul 2010
    Location
    Chennai
    Posts
    76
    Hello everyone,

    The final solution from BURSTNET was really appriciable and made my resale client happy.

    The solution is,
    "They were setting up the firewall now.
    They are ready to provide hardware firewall as free for second billing because this delay."

    Honestly, this was the expected thing compared to refund.
    As there is no mistakes from ourside, they completly co-operated. Only the delayed response time made such confusions.

    The suggestions regarding the Importance on TOS were intresting and usefull. Thanks eveyone.

Similar Threads

  1. Legal responsiblities for clients' actions?
    By Blue Note Web in forum Running a Web Hosting Business
    Replies: 7
    Last Post: 06-15-2006, 04:57 PM
  2. platinumservermanagement taking legal actions for copyrights????
    By server4sale in forum Dedicated Server
    Replies: 48
    Last Post: 02-16-2006, 01:43 PM
  3. Emailing for clients - Legal?
    By BenJP2k1 in forum Running a Web Hosting Business
    Replies: 17
    Last Post: 03-23-2005, 02:46 PM
  4. Clients threatening legal action
    By dbbrock1 in forum Running a Web Hosting Business
    Replies: 18
    Last Post: 04-07-2004, 02:12 AM
  5. Clients grounds on legal action?
    By TowerHost in forum Running a Web Hosting Business
    Replies: 3
    Last Post: 02-09-2003, 01:51 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •