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  1. #1
    Join Date
    Jun 2004
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    Do you refund if they broke your TOS/AUP?

    Do you refund clients money if they break your Terms of service or acceptable use policy?

    Just wondering what everyone thinks about it.
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  2. #2
    Join Date
    Aug 2004
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    Absolutely not!

    If we have to terminate someone's service because they did not follow the rules we do not refund the money.

  3. #3
    Join Date
    Apr 2005
    Location
    Ashburn, Virginia
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    Agreed with WN, I would NEVER refund someone for breaking our company policy, or maybe that have done something illegal!
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  4. #4
    Join Date
    Sep 2004
    Location
    Miami, FL
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    2,762
    Simple question...

    Does your AUP/TOS say anything about what will happen is you break the TOS/AUP? Certain hosts definitely states very clearly that no refund or anything will be given if you should break the TOS/AUP.

    So, a simple answer to your question would be... NO!!! Absolutely Definitely NOT!!! Why would anyone wanna break your TOS and then come asking for a refund? Is that person looking for trouble? LOL...
    Aaron Ong
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  5. #5
    No course not!

  6. #6
    To refund after breaking the rules would prove nothing, except your willing to accept illegal activities and them them move on with their money still..
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  7. #7
    Join Date
    Nov 2001
    Location
    The South
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    5,408
    If they broke your TOS/AUP dollars to donuts says they also used a stolen credit card, OR they'll issue chargebacks, either way you're screwed.

    Yes I usually refund them, I -hate myself- for giving the refund, it makes my teeth grind and gives me a tension headache but yes, I refund them because the inevitable chargeback sucks more than the refund.

    I then call my lawyer and have him send them a threatening letter, doesn't usually help but hey who knows maybe they'll pay up

    If they paid via ANY means other than credit card, screw 'em they shouldn't have broken the TOS/AUP, but if by CC yes I refund them.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  8. #8
    Join Date
    Nov 2002
    Location
    Big Apple (I Love NY)
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    Originally posted by BlueyBlue
    To refund after breaking the rules would prove nothing, except your willing to accept illegal activities and them them move on with their money still..
    And word of such a policy would quicky spread...attacting all the spammers, etc. Not advisable to refund if a client breaks the AUP unless under extreme and special circumstances (i.e. failure of the company to make some rule known, such as an update to the tos but not announced to current clientele.)
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  9. #9
    Join Date
    Nov 2003
    Location
    Chicago, IL
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    I would not refund them the money enless they are going to cause me trouble. Although I would give them an indepth description on how they broke the TOS/AUP and why they are not eligible to receive a refund.

  10. #10
    Join Date
    Nov 2002
    Location
    Big Apple (I Love NY)
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    Now the question is what do you do, a few weeks done the line when the inevitable chargeback comes in...After fighting it, and getting that second chargeback that you can't fight.

    Starts to look bad on your merchant account, causes increased rates, and you're still out the money....Do collection agencies really succeed in collecting funds (I'm assuming they'd have to be more than $50 to even be worth that option.)
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  11. #11
    I agree, no

  12. #12
    Join Date
    Mar 2005
    Location
    Chicago
    Posts
    276
    Depends on when they ordered and how they broke the terms of service, not usually.

  13. #13
    Join Date
    Jul 2003
    Location
    Castle Pines, CO
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    7,189
    What does your TOS say on the policies of refunds, etc? We refund them the remainder of the month if needed. We usually give the person a warning first - because I will admit, a lot of people do not read a TOS - way too much reading, legalese, etc. But if they break it after the warning, then we pro-rate their hosting.

    (At least that is what we would do if we ever had someone break out TOS )

  14. #14
    We don't give refunds to any accounts that violate our aup/tos.
    To assume perfection is merely a display of ignorance.

  15. #15
    Join Date
    Jun 2004
    Location
    Bay Area -USA
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    Originally posted by Nullified
    We don't give refunds to any accounts that violate our aup/tos.
    What if the account is under a stolen cc?

    hehe.
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  16. #16
    Then, as allways, the money would be instantly refunded as soon as I found out the cc was stolen....
    To assume perfection is merely a display of ignorance.

  17. #17
    Join Date
    Jun 2004
    Location
    Bay Area -USA
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    1,740
    Originally posted by Dixiesys
    If they broke your TOS/AUP dollars to donuts says they also used a stolen credit card, OR they'll issue chargebacks, either way you're screwed.

    Yes I usually refund them, I -hate myself- for giving the refund, it makes my teeth grind and gives me a tension headache but yes, I refund them because the inevitable chargeback sucks more than the refund.

    I then call my lawyer and have him send them a threatening letter, doesn't usually help but hey who knows maybe they'll pay up

    If they paid via ANY means other than credit card, screw 'em they shouldn't have broken the TOS/AUP, but if by CC yes I refund them.
    I feel similar to you MOST of the time.
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  18. #18
    I can destroy someone's credit report if they chargeback me when they owe me money. When I worked at a game store, people who would never return games sometimes showed up years later demanding to know why they couldn't get car loans.. just a fact of life if you don't pay up.
    So far I have not needed to make 31 posts thanks to the search function.

  19. #19
    Originally posted by Muzzleflash
    I can destroy someone's credit report if they chargeback me when they owe me money. When I worked at a game store, people who would never return games sometimes showed up years later demanding to know why they couldn't get car loans.. just a fact of life if you don't pay up.
    I really don't see this possible. Especially without a social.
    To assume perfection is merely a display of ignorance.

  20. #20
    Greetings:

    In the case of a stolen credit card, you do need to refund the money to the card holder.

    Thank you.
    ---
    Peter M. Abraham
    LinkedIn Profile

  21. #21
    Join Date
    Feb 2002
    Posts
    771
    This is a tough call and since it rarely happens with us we have not had to deal with it. Now the problem is many CC companies will just take the money back unless you have strong proof that you provided service to them. The problem is many merchant banks don't care about your TOS/AUP and will say you did not provide service and they give the money back.

    If it is a stolen CC you have no choice but to give it back.


    As far as sending to collections I think this is extreme on a shared monthly account valued at $5 since this loss can be written off on your taxes and you gain just as much in tax debt relief.

    No, as a standard rule you should not give the money back.


    My 1.7654 cents

    Robert
    Light travels faster than sound, which is why some people appear bright until you hear them speak.

  22. #22
    I think almost all web host do not return the money if the client is terminated for TOS/AUP violation.

    If they sign up using stolen funds, then the funds are refunded right away.
    Jeffrey Nikoletich
    Xfernet - http://www.xfernet.com

  23. #23
    Join Date
    Apr 2003
    Location
    Lisbon - Portugal - Europ
    Posts
    268
    We usually refund if the client is just uploading mp3 with copyright violations. Normally it's just a teenager that doesn't know better. We never suspend on these circumstances, because we just can't trust this client again. We cancell these accounts. But we do refund.

    On spam violations, we don't refund. The spammer knows is violating our rules.
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  24. #24
    I would never and I also would make surethat you lock them out of your site for good. I have found that once a bad apple always a bad apple. Just remember to be professional, pollite and firm in your decission. This will make you look better in the eyes of this and other clients.

  25. #25
    Originally posted by kpsservices
    I would never and I also would make surethat you lock them out of your site for good. I have found that once a bad apple always a bad apple. Just remember to be professional, pollite and firm in your decission. This will make you look better in the eyes of this and other clients.
    it's too bad the owner of the ip that you block will inevitably change.
    To assume perfection is merely a display of ignorance.

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