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  1. #1
    Join Date
    Jun 2003
    Location
    USA
    Posts
    35

    Getting Refund from Hostway

    Hostway has a 30-day refund policy and nothing beyond that. I paid for a 1-year term. On my 6th month, my site was down for more than 6 hours for around 3-4 times per week. They just apologized everytime the site was down.

    I had no choice because I was losing business so I transferred my account to another host.

    I tried closing my account with Hostway but they said it can be closed but refund cannot be issued for the last 6 months I have paid.

    What is my next course of action to get a refund?

  2. #2
    Join Date
    Jul 2003
    Location
    Connecticut
    Posts
    81
    What's their TOS say?

  3. #3
    Join Date
    Jun 2003
    Location
    USA
    Posts
    35
    Well, the agreement was no refunds beyond 30-days. I thought they were good so I signed up for 1 year.

    They also had no uptime guarantees unlike other ISPs. I never really looked into it because Hostway is a big company and I thought they offer reliable service.

    They advertised that they do daily backups though but when their server crashed, they restored my site with backup that is more than 2 months old.

  4. #4
    According to their money back guarantee...

    Our refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, Real AudioŽ/VideoŽ and MySQL. Also not included are Domain Parking services, Domain Registration and Dedicated services, as well as Reseller programs. No refunds are available after 30 days. In order to cancel service, you must contact Hostway's Billing Team, Monday through Friday, 8:00 A.M. to 5:00 P.M. Central Time, at (312) 994-7658. Hostway's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Hostway's Billing Team via email at billing@hostway.com.
    Since that was the agreement, unfortunately there isn't a whole lot that can be done. If they refuse to refund the money, you could try a chargeback, but most likely that will be denied as well because the agreement that you signed up to.

    The best thing to do is just chalk one up to experience. In the future it is best to carefully look at a terms of service agreement and make sure that it is possible to get credit for outtages... This info will usually be found in the terms of service agreement or service level agreement (SLA).

    The only possible hole I can see is that they didn't provide daily backups as stated on their website. You *might* be able to get them there.
    www.square-network.com www.squarenetwork.com
    Now available in regular and dehyphenated.
    May 2003 Member of the Month
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  5. #5
    Join Date
    Nov 2001
    Posts
    5,383
    Why would you recommend a chargeback? If he agreed to it, it's his problem. Moral of this story read the terms before accepting the agreement don't like what it says choose a different host.
    Clustered Hosting With Continuous Data Protection (CDP)
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  6. #6
    I'm not recommending a chargeback. I was simply stating that if he tried that, it would likely be denied as well because of the terms he agreed to.
    www.square-network.com www.squarenetwork.com
    Now available in regular and dehyphenated.
    May 2003 Member of the Month
    Useless Community Liason Ever Since.

  7. #7
    Join Date
    Nov 2002
    Location
    Canada
    Posts
    1,545
    He would most likely win a chargeback. Mainly because it's nearly impossible to proove the sale without a signature. That's the nature of online business. However...I don't think it would be the right choice.

    I would chalk it up to experience and be more careful in the future.

  8. #8
    Join Date
    Jan 2002
    Location
    USA
    Posts
    720
    A deal is a deal.
    "Hostway has a 30-day refund policy"
    Next time pay monthly.
    Since you may the deal, a lesson in life.
    Kind of like returning a car after you put 20,000 miles in it and wanting your money back.
    Always read the terms.
    Be Happy!

  9. #9
    Join Date
    Nov 2001
    Posts
    5,383
    Yes 99% of the cases the consumer wins.
    Clustered Hosting With Continuous Data Protection (CDP)
    http://www.solidinternet.com
    8 Years of hosting excellence!

  10. #10
    Join Date
    Nov 2002
    Location
    Canada
    Posts
    1,545
    I think Coach was on to something though. Their own TOS promises daily back-ups and when a back-up was required...it was two months old.

    I would call that a breach of the contract by Hostway.

  11. #11
    Join Date
    May 2001
    Posts
    1,593
    When you say "last 6 months" refunded, do you mean you want the 6 months you have used to be refunded, or the 6 months that you haven't used?

    Peter

  12. #12
    Join Date
    Jun 2003
    Location
    USA
    Posts
    35
    the 6 months that I haven't used.

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