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  1. #1
    Join Date
    Feb 2007
    Location
    Federal Heights, CO
    Posts
    1,861
    I had purchased a small plan from then in order to keep some of my websites active while my servers were in use during the time shortly after selling my web host. Well about 6 hours after purchasing a plan, I received an offer from a friend to use some space on his dedicated server for the time being. Well I prompty cancelled my account with PeachyDandy and that is when the trouble started. I used the Cancellation form and promptly opened a ticket because I had not received a verification of the cancellation. I also requested a refund since I hadn't even uploaded anything to there servers yet. Here are the replies I received:
    Hello,
    You must submit a cancellation request by logging into your account, selecting the hosting service and clicking on the cancellation button and providing a valid reason for refund.
    Ok, so I had messed up by opening a ticket... but I needed to provide a valid reason for the refund? This is a great contrast to what they state on their frontpage:
    http://www.n3rd.info/share/peachydandy1.jpg
    So after I receive the e-mail verification about the cancellation I reply with this:
    Sorry to be a bother but do I need to open a seperate ticket to request the refund or will it be processed soon?
    To which they respond:
    You were suppose to submit a request for refund in your cancellation request. What is your reason for requesting money back / cancellation?
    Me again:
    My cancellation was submitted on 01/03/2009 @ 00:22. I included the refund request in there as well as the reason I believe. I am cancelling because I obtained a free VPS from my friend because I was unable to host all of my websites on your service. Thank you.
    Then I receive this:
    Hello,
    We have reviewed your cancellation request for a refund which states you are getting a free VPS from a friend. This is not grounds for a refund and furthermore we are aware of you using our hosting as a reseller form and now selling your clients. This is prohibited unless you were authorized as a resell user.
    WHAT?? I don't mind the first part (not grounds for a refund with a no questions asked refund policy?) but the second part is the reason I am posting this. I was apparently hosting all 16 of my clients that I sold on January 1st to UmbraHosting on an account with 400MB of disk space and 4GB of bandwidth... BTW here are the screenshots of the 16 clients not including my websites: Disk Space (http://www.n3rd.info/share/jweb2disk.jpg) and Bandwidth (http://www.n3rd.info/share/jweb2band.jpg).
    My final reply to them to keep with consistency:
    What do you mean using it as a reseller? I only had an account for less than 6 hours before asking for a refund. If you check the bandwidth usage I never even uploaded any files. I sold my clients on January 1st, I placed an order for your plan a day after selling my company. And as for your refund policy: "45-day money back guarantee - no questions asked", this is also false. I was expecting something a little more professional.
    I definately feel better now that this is out in the open because I had felt that I was calm and collected with not a bit of hostility towards them. I hope this thread was worth the $2.75 to them.

  2. #2
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    15,397
    Generally it would have been better to just refund the $2.75 even if you were somehow in the wrong because I mean really... It's $2.75!!!
    At any rate, I'm sorry for the experience but at least you're not out a lot over it... I've seen people sign up for 1 or more years and then ask for a refund and be told no by not-so-reputable companies.

  3. #3
    Join Date
    Feb 2007
    Location
    Federal Heights, CO
    Posts
    1,861
    Like I said I wouldn't have even cared that much but that statement really pushed me over. When I ran my company I had my facts correct before making such accusations. And had I even used the host for 1 day I wouldn't have worried about the refund, but I never even got a chance to change my nameservers on my domains much less upload anything. It was seriously no loss to them except for the cost for the fraud checking.

  4. #4
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    15,397
    Like I said I wouldn't have even cared that much but that statement really pushed me over. When I ran my company I had my facts correct before making such accusations. And had I even used the host for 1 day I wouldn't have worried about the refund, but I never even got a chance to change my nameservers on my domains much less upload anything. It was seriously no loss to them except for the cost for the fraud checking.
    I imagine the profit margins on a $2.75/mo plan are slim. Just processing the payment alone was likely $0.32 or so and then if they pay for MaxMind or the like add another $0.20 on top of that and then if they have to provide support to any of their clients only paying $2.75 - if they put in more than one ticket per month they're already losing money.

  5. #5
    Join Date
    Feb 2007
    Location
    Federal Heights, CO
    Posts
    1,861
    Actually I was incorrect... it was $2.25 for 3 months.
    First Payment Amount: $2.25
    Recurring Amount: $3.00
    Billing Cycle: Quarterly

  6. #6
    KRZILLC Guest
    It would have most likely been easier if they have provided you a refund, however their money back guarantee is stated as a conditional 45 day money back guarantee in their terms of service. I have quoted their agreement below, however I do feel they were unfair on setting a money back guarantee to be so limited, but in the end if they were to refund you, they would have incurred a loss as stated by another member above.
    Just be careful in the future and be sure you read all terms of services prior to signing up with another web hosting provider.
    Refunds Policy
    All shared hosting comes with a conditional 45 day money back guarantee, and VPS comes with a conditional 45 day money back guarantee. Customer acknowledges and agrees that all hosting money back guarantee is conditional. Conditional shall mean:
    Peachy Dandy does not provide service it states it will provide in this Agreement, such as 99.5% or lower uptime. Conditions are of Peachy Dandy choosing.
    Customer agrees that this conditional money back guarantee must be granted by Peachy Dandy. That Peachy Dandy reserves the right not to give refunds even if Peachy Dandy does not provide service as stated in the above conditional guarantee.
    If refunds are granted, Peachy Dandy may take 3.9% + $.0.50 USD of the fees paid, with a minimum of $2.50 by the Customer for the service as payment and processing fee.
    Peachy Dandy is under no obligation to give any refunds submitted by the Customer and will not give refunds to accounts that have not been paid in full, suspended, terminated or in violation of this Agreement.
    Any setup fees, add-on fees or one time fees are non refundable.
    Customer agrees to the following in order to qualify for refund:
    3. Refunds must be requested within 24 hours of service cancellation or the Customer agrees the refund will be void.

  7. #7
    Join Date
    Jun 2006
    Location
    USA
    Posts
    58
    Basically, to rephrase their Refund Policy:
    We may give you some sort of refund, if we feel like it... but it won't be a full refund.

  8. #8
    Join Date
    Dec 2007
    Location
    Pensacola, FL
    Posts
    312
    I read it as "We hook you with NO QUESTIONS ASKED, then in our TOS we stipulate that we can choose not to give you a refund even if we don't provide you with a service.". Thieving ToS if you ask me.
    Make sure you go on to review these guys on other sites as well, not everyone looking at hosting uses WHT.
    -fin
    Thales

  9. #9
    Join Date
    Jul 2005
    Location
    Buffalo, NY
    Posts
    2,626
    PeachyDandy has a representative here on WHT (http://www.webhostingtalk.com/member.php?u=164491) that's fairly active, so you may want to shoot him a PM and see what he has to say about all of this. I honestly can't see this issue continuing over a mere $3.00, but if they can't live without it, they deserve all the bad publicity you can write.
    Good luck!

  10. #10
    Join Date
    Mar 2009
    Location
    St. Louis, MO
    Posts
    2,373
    This is actually a form of bait and switch. Very unethical.

  11. #11
    KRZILLC Guest
    This is actually a form of bait and switch. Very unethical.
    It is true, this is a form of bait and switch, however most of the larger hosting companies today which oversell also operate this form of business, it has affected many web hosting customers. The main thing is to learn from it and ensure you do your research and find the hosting company you can rely on.

  12. #12
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    We weren't aware that the Splendid Support selection still stated that, as we changed the rest of the wording when the Terms of Service was updated. We are sorry for the confusion.
    Me again:
    My cancellation was submitted on 01/03/2009 @ 00:22. I included the refund request in there as well as the reason I believe. I am cancelling because I obtained a free VPS from my friend because I was unable to host all of my websites on your service. Thank you. You stated the following in your cancellation, nothing about refund and nothing about hosting with your domains (which you stated you never hosted anything to have a problem with.
    Acquired a VPS from a friend and no longer need shared hosting.We are sorry about the resell mark, the representative was trying to point out their were no grounds under the TOS. Just you were getting a free VPS.
    @MikeDVB (http://www.webhostingtalk.com/member.php?u=188804) - We have this refund policy in place, because we offer cheap and affordable prices. In which we incurr payment fees, transaction fees and user fees if they use customer service (including tech support).
    We are simply trying to prevent people from abusing our services at cheap prices and then canceling. Such as sending spam and then canceling. Etc
    Basically, to rephrase their Refund Policy:
    We may give you some sort of refund, if we feel like it... but it won't be a full refund.
    Our refund does not state that. Stating this on a public forum when you don't have a clue what it means is ridiculous.
    The refund simply states we will provide a refund for valid reasons like downtime.
    Who says it won't be a refund. Please read correctly. It says we may take x amount usually not more than 40 cents from our clients, since our packages are affordable, not high amounts. This is may and we have never did this yet. It's just in case we are stuck with fees but again never happened.
    I read it as "We hook you with NO QUESTIONS ASKED, then in our TOS we stipulate that we can choose not to give you a refund even if we don't provide you with a service.". Thieving ToS if you ask me.
    Make sure you go on to review these guys on other sites as well, not everyone looking at hosting uses WHT.
    -fin
    Thales
    Excuse me? You only have one side of the story and obvious you can not read and your interpretation is a joke. We never lie about our money back guarantee, even when asked and it is in black and white for the individual to read, as they should before signing up.
    We don't thieve anything! We simply ask for a valid reason for canceling that is our fault. Nothing hidden, nothing hard to read and understand.
    PeachyDandy has a representative here on WHT (http://www.webhostingtalk.com/member.php?u=164491) that's fairly active, so you may want to shoot him a PM and see what he has to say about all of this. I honestly can't see this issue continuing over a mere $3.00, but if they can't live without it, they deserve all the bad publicity you can write.
    Good luck!
    The user and a representative in the chat were still talk and he was still replying stating his side. We never said no or yes.
    We were enquiring if "getting a free VPS" is a valid reason under a TOS he agreed to and should have read. A mistake on our site doesn't mean a TOS doesn't exist and refund policy isn't stated and superseeds to website error.
    Bad publicity over a user error in not reading the TOS? WHT screams at the user when they didn't read a TOS elsewhere for a lot more money then this. And again we never stated yes or no, the user is still communicating back and forth.
    This is actually a form of bait and switch. Very unethical.
    Not even close to a bait and switch. The user should have read our TOS. Yes, the website had an error which we will correct right away. But still it is up to the user to read and understand the TOS and enquire if they don't.
    It is true, this is a form of bait and switch, however most of the larger hosting companies today which oversell also operate this form of business, it has affected many web hosting customers. The main thing is to learn from it and ensure you do your research and find the hosting company you can rely on.
    We've been offering hosting for over 4 years under a different name. We are a host you can reply on. Stating a fact instead of an intital opinion is wrong. We state this in a very detailed and straight forward section in our TOS. We all know as hosters, webmasters can make mistakes and forget to edit certain points.
    However, the refund policy is for errors we make, if we make them we will honour and refund. With our prices, we've had to make help for abusers.
    Lastly:
    I have personally issued, as President, the refund, over ruled any rep, as I believe it fits under the TOS as a grounds.

  13. #13
    Join Date
    Mar 2009
    Location
    St. Louis, MO
    Posts
    2,373
    Not even close to a bait and switch. The user should have read our TOS. Yes, the website had an error which we will correct right away. But still it is up to the user to read and understand the TOS and enquire if they don't.
    The error on your website was your responsibility. You essentially admit the conflict in terms with your TOS, which indeed made that a form of bait and switch - that's my perception. Correcting your site will clear up this up.

  14. #14
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    The error on your website was your responsibility. You essentially admit the conflict in terms with your TOS, which indeed made that a form of bait and switch - that's my perception. Correcting your site will clear up this up.
    Actually it not. Legal document over rides a error on the website. The user should have read the TOS. We didn't bait and switch no one, as we didn't make anything hidden and we do provide a refund if we do an error with the service on our part.
    We have already corrected the website. Simply.
    </drama>

  15. #15
    Join Date
    Mar 2009
    Location
    St. Louis, MO
    Posts
    2,373
    Actually it not. Legal document over rides a error on the website. The user should have read the TOS. We didn't bait and switch no one, as we didn't make anything hidden and we do provide a refund if we do an error with the service on our part.
    We have already corrected the website. Simply.
    </drama>
    You call it an error on your website - I perceived it as your marketing strategy. Who cares about legal - we're talking 3 dollars! /drama? - you created your own drama! You provide a refund if you do an error? - apparently NOT until the OP posted his complaint here and so many wondered why?

  16. #16
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    You call it an error on your website - I perceived it as your marketing strategy. Who cares about legal - we're talking 3 dollars! /drama? - you created your own drama! You provide a refund if you do an error? - apparently NOT until the OP posted his complaint here and so many wondered why?
    The problem is what you perceive is not fact. You publicly state it without even pm, asking us or waiting for our statement.
    You did not read our original post. Our prices are cheap and we get taken advantage of and incurr fees as well. The refund is not outrageous, we refund if the error is made by us.
    Appearantly not? Are you unable to read what the OP said, he wanted a refund because he was getting a free VPS. How is that our fault? We have more than 1 staff and the rep, was following our TOS.
    I stated and personally made the refund, because the error was the website and the money was $2.25 not $3.
    Don't bother replying I know you're going to bash more over non sense which was resolved. Stop your drama over your misinterpretation and misunderstanding.

  17. #17
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    15,397
    Honestly I would have just refunded the money and been done with it myself. It's not worth all the bad publicity/arguing that's been going on in this thread.
    I do wish you the best of luck PeachyDandy but this is the second thread I've seen about your services and it's the second primarily negative thread. Certainly not a good thing.
    Have a wonderful day

  18. #18
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    Honestly I would have just refunded the money and been done with it myself. It's not worth all the bad publicity/arguing that's been going on in this thread.
    I do wish you the best of luck PeachyDandy but this is the second thread I've seen about your services and it's the second primarily negative thread. Certainly not a good thing.
    Have a wonderful day
    Hi Mike - This may be the case, but we were following our TOS.
    The first review was over our refund policy. We will be looking into it and changing it. However, we have hundreds of happy clients.

  19. #19
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    15,397
    Hi Mike - This may be the case, but we were following our TOS.
    The first review was over our refund policy. We will be looking into it and changing it. However, we have hundreds of happy clients.
    Oh I'm not putting your terms of service down or the fact that you stuck to them. I'm just saying that the bad publicity you are obtaining over such a small amount is likely not worth it.
    It's your business and you can run it how you want, I was just stating my opinion on the matter

  20. #20
    Join Date
    Jun 2006
    Location
    USA
    Posts
    58
    Our refund does not state that. Stating this on a public forum when you don't have a clue what it means is ridiculous.
    The refund simply states we will provide a refund for valid reasons like downtime.
    Who says it won't be a refund. Please read correctly. It says we may take x amount usually not more than 40 cents from our clients, since our packages are affordable, not high amounts. This is may and we have never did this yet. It's just in case we are stuck with fees but again never happened.
    Do I really have to break it down for you? I know what it means because I can read.
    Customer acknowledges and agrees that all hosting money back guarantee is conditional. Conditional shall mean:
    Peachy Dandy does not provide service it states it will provide in this Agreement, such as 99.5% or lower uptime. Conditions are of Peachy Dandy choosing.
    Here it states that you will give a refund if certain conditions are met, of your company's choosing. I understand that. It's pretty obvious.
    Customer agrees that this conditional money back guarantee must be granted by Peachy Dandy. That Peachy Dandy reserves the right not to give refunds even if Peachy Dandy does not provide service as stated in the above conditional guarantee.
    Here, the terms saying again that the company is the sole decider of whether a refund will be given. And then it states that even if the conditions are met for a valid refund request, the company doesn't have to do so.
    Yes? No? Yes.
    Honestly though, it's $3. It cost more money for me to respond to you than those three months of hosting.

  21. #21
    Join Date
    Feb 2007
    Location
    Federal Heights, CO
    Posts
    1,861
    I feel that this thread has gone in the wrong direction, this wasn't about the refund, this was about the way I felt I was treated by the support staff. I was very disappointed when I was told that I was trying to deceive your staff and abuse your service. I don't know if the staff member meant it or not but his choice of words seemed very hostile towards me in regards to something that didn't even happen. Had he politely said that there was an error on the site and referred to the TOS (which I never looked at until now) this would have been avoided.

  22. #22
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    I feel that this thread has gone in the wrong direction, this wasn't about the refund, this was about the way I felt I was treated by the support staff. I was very disappointed when I was told that I was trying to deceive your staff and abuse your service. I don't know if the staff member meant it or not but his choice of words seemed very hostile towards me in regards to something that didn't even happen. Had he politely said that there was an error on the site and referred to the TOS (which I never looked at until now) this would have been avoided.
    Sorry you felt this way. Reading the ticket, I don't see the rep was rude, but maybe a bit direct. He stated getting free VPS was not grounds for refund and found article of you selling your clients and believed that you used our shared hosting as reseller hosting. This was stated as opinion and was not meant to be rude in any way.
    He has replied stating you have been refunded and was sorry for the inconvenience.
    Sorry again.

  23. #23
    Join Date
    Jun 2008
    Location
    London, UK
    Posts
    928
    Hopefully you have changed the text on your website. Maybe this will clear any problems up in the future.

  24. #24
    Join Date
    Jan 2007
    Location
    Canada
    Posts
    500
    Hopefully you have changed the text on your website. Maybe this will clear any problems up in the future.
    Hi Nathan - the text on the website, the OP stated was changed hours ago. If anyone can find the error, please feel free to pm and it will be corrected.

  25. #25
    Join Date
    Jun 2007
    Location
    Spring Hill, Florida
    Posts
    499
    I don't know where Peachy Dandy is physically located but you are doing business in the US.
    There is law in the US called the cool off law. It overrides any TOS a company supplies. It does cover purchses for services. Basically what it mean is that you have 36 hours to change your mind. That is change your mind and not have to give them a specific reason. I think that every company should remember that. (It was initially passed mortgages, contractor service etc but now because of law suites it involves almost all companies. (The contract can even be a verbal one) And a little known fact is that it covers domain name registration too.
    I think you were well in your time limit and you should get your money back even if it was a very small amount. The law is the law.

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