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  1. #1
    Join Date
    Oct 2003
    Location
    Malaysia
    Posts
    89

    Sbc-services.com sells potatoes?

    Hi Guys,

    English language is not my first language, so can somebody please enlighten me, Can I say dedicated server service is a kind of hosting service?

    Here is the story
    Their TOS states:
    "If at any time during the first 30 days of hosting, starting on the day the order was initially accepted the customer notifies Sbc-Services.com that it is dissatisfied with Sbc-Services.com's hosting services and wants Sbc-Services.com to terminate such hosting services, Sbc-Services.com will forthwith terminate its hosting services and will refund 100% of all Hosting fees paid by the customer to Sbc-Services.com. This "fee" refund does not include; setup, domain name registration, excessive bandwidth, and/or termination fee.

    All Refunds will be made to the credit card the initial charge was made on. To obtain a refund simply send an e-mail to info@Sbc-Services.com from the e-mail account you opened the account with (for security purposes), requesting a cancellation of service. Please provide your account number, and domain name(s). If you have any questions about the cancellation process, please e-mail us at info@sbc-services.com"



    27 May
    ---
    Signed up for their dedicated server

    1 Jun
    ---
    Got the server up and running

    12 Jun
    ---
    - Not happy with their server speed, sent them an email asking for refund.
    - Got a very "polite" email from potato seller:
    Refund your money?

    Do you think we sell potatoes here?

    No money will be refunded as you have a dedicated server.
    - I showed them their TOS as they do not state clearly the refund is only for "shared" hosting, not "dedicated" hosting
    - Now they are threatening me with this
    This is for shared hosting only.

    Dedicated servers are non refundable.

    We cant just setup a server for you and few days later we have to take it off the line

    Dedicated servers are minimum contract 3 months.

    Failure to pay, your details will be passed to the relevant recovery agencies.
    - Also nothing about the minimum contract thingy from anywhere of their website.

    I think I've fallen into their trap, not only I cannot get 30 days money back guarantee, but also have to stick to their minimum contract of 3 months which you will only find out when you want to cancel your service with them. This is way too bad to be true.

  2. #2
    Join Date
    Jun 2007
    Posts
    39
    It certainly is!

    I would send them a polite email telling them that you are dissatisfied with their services, and the service you purchased was unacceptable.

    If that doesn't work I would just not pay and tell the relevant recovery agencies that it didn't say a 3 month contract, but be sure to take a print screen on your computer as they could change their T&C and say that you are lying.

    That is not good service!
    Kind Regards,

    Mr-Host.com
    Quality, affordable web hosting and audio streaming solutions

  3. #3
    I think they should clearly state in their TOS that this is applicable on shared hosting only since they sell other products

    Anyway you could charge them back if they charge your credit card
    Last edited by Mike V; 06-12-2008 at 02:53 PM. Reason: Merged posts
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  4. #4
    Join Date
    Jun 2007
    Posts
    39
    Good idea!
    Kind Regards,

    Mr-Host.com
    Quality, affordable web hosting and audio streaming solutions

  5. #5
    Join Date
    Apr 2001
    Location
    Paradise
    Posts
    12,052
    Bad idea, you hurt your credit too every time that you made a charge back. I suggest you to find and agreement with them.
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  6. #6
    How does he hurt his credit if he charge back after contacting them of course ??
    ArzNet.com
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  7. #7
    Join Date
    Jul 2002
    Location
    Directadmin Core
    Posts
    770
    I just read through their TOS/AUP - no where does it mention a 3 month obligation - nor does it say there specifically is no refunds for a dedicated server.

    That being said, they appear to be "new" to the world of dedicated server sales, and are based in the EU. They specifically say on their site they are reselling servers from "EV1Servers data centre in Houston, Texas USA." (note, there hasn't been an "Ev1Servers" in a couple years).

    While I would not normally advocate a chargeback, if you've dilligently tried to come to a reasonable understanding with them, and are able to document it, then a chargeback may be your only option. But I urge you to get proof of trying to work things out with them. Chargebacks are never good - usually if you tell the company you'll be looking for recourse from your credit card company, they, when acting reasonably, should offer you some type of compensation or refund for the unused term.

    I don't know which country you're in, but the "collections" they refer to may differ from country to county - and that may hinder their ability to actually collect on their "3 month" bill.

    Just my 2cents.
    http://www.hostpc.com
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  8. #8
    Any type of chargeback puts a zing to your credit rating. Only use chargebacks as a last resort.

    BTW, Hosting (at least in my mind) is NOT the same as Dedicated. They are not providing "hosting" services, but rather a machine that you can configure to do your own hosting. Probably could be more explicit, but it's not misleading IMHO.

    THe 3 month thing though is not legally binding unless it's stated somewhere in your contract with them.

  9. #9
    Join Date
    Jul 2002
    Location
    Directadmin Core
    Posts
    770
    sbc's TOS also says this interesting bit: GOVERNING LAW AND JURY TRIAL WAIVER. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of the >>State of New Jersey<< so WHY are they taking payments in British Pounds??? Oh, ya, they're based in the UK

    Address: Sbc-Services.com
    Newbury Street
    Wantage
    Oxon
    OX12 8BU
    Telephone xxxx xxxxxxxxx

    I wonder who's TOS/AUP they copied that from.
    http://www.hostpc.com
    DirectAdmin servers for hosting, resellers and your dedicated needs.
    Hosting, Resellers, Dedicated Managed and Unmanaged servers
    Hosting since 11/98 - Specializing in DirectAdmin since 8/03

  10. #10
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,196
    Take them to court in New Jersey
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,700 websites since 2007.
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  11. #11
    Join Date
    Jun 2001
    Location
    Gotham City
    Posts
    1,852
    Any type of chargeback puts a zing to your credit rating. Only use chargebacks as a last resort.
    That varies from country to country, card issuer to card issuer.
    [[ Reyox Communications / USA based cloud servers & support / 9 years of hosting websites ]]
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  12. #12
    Join Date
    Mar 2004
    Posts
    461
    Heh, your title caught my eye and their support responses are very aggressive. Though I can understand from their end why they don’ do refunds on dedicated servers. However, if their TOS isn’t exactly worded correctly for the correct services, then they should refund you and take it as learning the business. Hopefully you work it out with them.

  13. #13
    Join Date
    Sep 2005
    Location
    In canada
    Posts
    3,374
    Quote Originally Posted by MikeDVB View Post
    Take them to court in New Jersey
    Or throw them in a lake filled with alligators (cause alligators eat up all the competition too )

    Sorry but its strange that they are not selling potatoes its the fastest growing business !!

  14. #14
    Join Date
    Aug 2004
    Location
    Kauai, Hawaii
    Posts
    3,799
    Are you unhappy with speeds to Australia? Any server in texas is going to be slow to Australia. Same with hosts in the UK and most of europre to asutralia, the latency is awful.

    Australia doens't have enough decent links to the rest of the world and will remain slow until that new fiber (was it cali to aus?) comes online.

    Anyway, print out the TOS, any contract, the support ticket, and emails, ask for a prorata refund.

  15. #15
    Join Date
    Dec 2005
    Location
    Finland
    Posts
    1,471
    That potato line is one of the weirdest customer support replies I've ever seen. I wouldn't give refund for potatoes either.

  16. #16
    Join Date
    Aug 2004
    Location
    Kauai, Hawaii
    Posts
    3,799
    Quote Originally Posted by kapina View Post
    That potato line is one of the weirdest customer support replies I've ever seen. I wouldn't give refund for potatoes either.
    No doubt unprofessional, as is the incorrect spelling of "Contatc" on the bottom of their website, along with the obviously copied TOS.

    I would ask nicely for a prorata refund, otherwise run away and chargeback.

    Not sure what attracted you to this host to be honest, the website screams "fly by night" to me.

  17. #17
    Join Date
    Mar 2000
    Location
    San Antonio, Texas
    Posts
    3,690
    Well Im not usually one to recommend doing a chargeback either BUT in this case I would so my advice would be to contact your cc issuing bank and explain.
    He clearly was within the 30 day guarantee period and while dedicated "terms" may be different they do not have that listed on their site (they probably will after this thread so hopefully you have printed their terms out as they were stated in case you need it)
    Not sure if that was a first response from the company about the "potatoes" remark but clearly that is unprofessional, unethical, and uncalled for and I would find another host immediately.
    Ive never heard of the company before and would be curious where, how you found out about them?
    HostCaters.com - Quality Web Hosting - Under A Gig! - Since 1999

  18. #18
    Join Date
    Aug 2004
    Location
    Kauai, Hawaii
    Posts
    3,799
    high res version links below each image on the image viewing page. best of luck
    http://www.putpic.com/gallery/1380/9414646

  19. #19
    Join Date
    Mar 2003
    Location
    Canada
    Posts
    9,072

  20. #20
    Join Date
    Feb 2004
    Location
    Your Screen
    Posts
    3,999
    Make (print) a copy of that TOS immediately -- be sure to date it, if the date is not included on your printout. You need a copy of the TOS as it was the day you canceled (today). Also make a PDF of the TOS so you have a copy of the policies that you can email to them.

    Then point out to them exactly the parts of their TOS which you feel apply. Clearly quote their TOS, then state your position. Don't get into the emotion of it, just show them what they said and how you believe that applies to your sale.

    The TOS is there to protect the customer as much as to protect the company. You have the right to expect your transaction to be handled in accordance with the published TOS. If it isn't being handled as specified in the TOS, then you have the right to pursue the matter and expect the company to resolve it in the way they promised in the TOS.

    "Pursue" means try to resolve it directly with the company first. If that doesn't work, then I would very seriously consider a chargeback.

    A single chargeback does not count significantly against your credit rating. The problem comes in when a person is a habitual chargebacker, where there is a pattern of behavior, many chargebacks being filed over time. That could establish you as a higher-risk customer. But one chargeback here or there, for a legitimate problem? -- I wouldn't give it a second thought. You have rights. Pursue them.

    I don't see where their TOS, and specifically their 30 day MBG, excludes dedicated servers either. I also do not see a 3 month minimum contract, was this tenet in the sign-up process itself? Did you keep all your sign-up records and receipts?? If it ain't in the TOS and it wasn't quoted to you at sign-up, it doesn't exist and doesn't apply. They can't just make up rules after-the-fact. Go get 'em!!

    Bailey
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  21. #21
    Join Date
    May 2008
    Posts
    257
    Quote Originally Posted by gordonrp View Post
    No doubt unprofessional, as is the incorrect spelling of "Contatc" on the bottom of their website, along with the obviously copied TOS.

    I would ask nicely for a prorata refund, otherwise run away and chargeback.

    Not sure what attracted you to this host to be honest, the website screams "fly by night" to me.
    I agree completely with Gordon, but I would also demand a 10 pound sack of potatoes as compensation for the trouble they caused me!

  22. #22
    Educational question: what is worth if you take screenshots of TOC or similar documents? Does it have any real importance in arbitration because it is practically impossible to establish that they are genuine, isn't it? And do sites like archive.org can help someone to prove anything or it is not custom to take sites like that into consideration?

  23. #23
    Join Date
    Sep 2001
    Location
    Seattle, WA
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    3,085
    Quote Originally Posted by ArtieFishill View Post
    Any type of chargeback puts a zing to your credit rating..
    Not in the USA, no. Chargebacks are not reported on your credit report and do not have any impact on your credit score.

    I've never heard of any country in which filing a chargeback is counted negatively against the customer. I'd be curious if people know of one.

    If you do excessive chargebacks your bank may terminate your line of credit. In that case, if it shows as terminated by the bank, your credit would get affected (somewhat significantly). This will not happen with one or two or even several chargebacks.
    Jim Reardon - jim/amusive.com

  24. #24
    Join Date
    Mar 2008
    Location
    Savage, MN
    Posts
    220
    Quote Originally Posted by ArtieFishill View Post
    Any type of chargeback puts a zing to your credit rating. Only use chargebacks as a last resort.
    Can you please provide references?

  25. #25
    Join Date
    Mar 2008
    Location
    Savage, MN
    Posts
    220
    Quote Originally Posted by ForumLurker View Post
    Educational question: what is worth if you take screenshots of TOC or similar documents?
    Indeed.. but it's still better than nothing, especially if you seal them into an envelope and mail them to yourself, and then do not open the envelope (to prove the postmark.)

    You could always print the documents in front of a notary on their computer, with the chain specifically spelled out and signed by the notary.

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