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  1. #1
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    Thumbs down Warning: PixelGenie Ripped Me Off!

    Hello,

    I recently bought a web design from Tim at PixelGenie.com. After I choose a design, I asked him if it is unique. He replied "Yes, It is unique". So, I decided to buy the design. I edited it and spent time on it.

    I now find out that other people have owned and used this same design. I do not want a used design! I asked if it was unique and the responce was "Yes"!

    So, I then ask for a refund and he refuses to give me a refund. This isn't good. He lied to get a sale, and now I am left hanging with this design I don't want!

    I don't know what to do...
    Last edited by HostRiot; 10-06-2002 at 01:43 AM.

  2. #2
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    If thats the case, then we will call people like them, cheaters and fraud.

    By the way how much did you pay for the design. and do you mind showing us examples on what sites the same design is on ?
    { if Need Graphic Design? then Ask Graphics }
    @ http://www.askgraphics.com

  3. #3
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    I am so sorry man. I know how important it is to get something authentic from a hosting design. Sheesh. Please keep us posted.

    All I can provide is the stare of death for this pixelgenie.


    *** Begin Stare Sequence ::



    :: Sequence End ***
    Geek 3 Computer Repair

  4. #4
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    Ouch.. stare sequence..

    my GF uses that on me all the time - worst thing is - it works

  5. #5
    Hello, I am a good friends with Tim. I'd like to defend him on this case. After talking with him for a while, I discovered the real truth behind this.

    The design was previously used for a small amount of time. The deal did not go through so the design was taken down and resold.

    The client(you) who bought the resold design did request a Unique design, but what is unique? Unique looking, Unique style, or Unique one of a kind? I don't think there was any suspicion on that before you bought the design.

    You also agreed to a contract, which included "No Refunds on Designs."

    You do threaten to sue Tim, but the judge will not give you your money back. You can higher a lawyer, which will cost you more then the actual design. Tim will counter sue you for Disruption of Business, having him take the time out of his business & money to defend a little petty case where you have no base to stand on.

    Please re-think this before you actually pursue sueing Tim.

  6. #6
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    { if Need Graphic Design? then Ask Graphics }
    @ http://www.askgraphics.com

  7. #7
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    Unique = New, Never been used, and only one copy.

  8. #8
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    This tim.. it aint timmay is it?!

  9. #9
    Yes its


    Timmmmmmmaaaaaaahhhh from PD, im just a good friend

  10. #10
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    OMFG... timmay is at it again - funny that.. why did I suspect it? Cause timmay is the only one who is into ripping people off - or so it seems

  11. #11
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    How is a 15 year old going to defend himself in court?

  12. #12
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    Tim should have told me that it was used. This does not seem fair. It should be a obligation of a web designer to tell their customers everything about the design before even offering it to the customer.

  13. #13
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    Originally posted by faculty
    How is a 15 year old going to defend himself in court?
    He's 15 years old!?!

  14. #14
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    Originally posted by OverSkilled
    Hello, I am a good friends with Tim. I'd like to defend him on this case. After talking with him for a while, I discovered the real truth behind this.

    The design was previously used for a small amount of time. The deal did not go through so the design was taken down and resold.

    The client(you) who bought the resold design did request a Unique design, but what is unique? Unique looking, Unique style, or Unique one of a kind? I don't think there was any suspicion on that before you bought the design.

    You also agreed to a contract, which included "No Refunds on Designs."

    You do threaten to sue Tim, but the judge will not give you your money back. You can higher a lawyer, which will cost you more then the actual design. Tim will counter sue you for Disruption of Business, having him take the time out of his business & money to defend a little petty case where you have no base to stand on.

    Please re-think this before you actually pursue sueing Tim.
    1) if tim's name is on the contract it is void as he is a minor
    2) if the contract does not define the term unique as tim sees it, it is void
    3) if 1 or 2 dont help you in court, use the deceptive sales tactic. i've used this (successfully) with AT&T regarding their cable internet service. we settled out of small claims court for 1 year of service (at $48.95/mo that's good enough for me)

  15. #15
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    Originally posted by HostRiot


    He's 15 years old!?!
    Do a search for Tim in these forums, u'll find out everything

  16. #16
    Originally posted by akash


    1) if tim's name is on the contract it is void as he is a minor
    2) if the contract does not define the term unique as tim sees it, it is void
    3) if 1 or 2 dont help you in court, use the deceptive sales tactic. i've used this (successfully) with AT&T regarding their cable internet service. we settled out of small claims court for 1 year of service (at $48.95/mo that's good enough for me)
    Okay, then the whole idea of it being a unique design is thrown out. The client losses base on that. Tims name is not on the contract, his registered business name is.

  17. #17
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    Originally posted by OverSkilled


    Okay, then the whole idea of it being a unique design is thrown out. The client losses base on that. Tims name is not on the contract, his registered business name is.
    exactly how close are you to tim?? how would you know if his name is on the contract or not?? do you oversee his business practices?

    if the client was told it was a unique design, and it was not, is that not deceptive.

    the definition of unique: Being the only one of its kind

    if the design was made for another customer then it is not unique. plain and simple

  18. #18
    Lets not get personal.

  19. #19
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    hey, what's long, brown and sticky?

    you give up? a stick!

    hahaha.

    (sorry, just thought I'd lighten the mood)
    Geek 3 Computer Repair

  20. #20
    Originally posted by akash


    if the client was told it was a unique design, and it was not, is that not deceptive.

    the definition of unique: Being the only one of its kind

    if the design was made for another customer then it is not unique. plain and simple
    u·nique Pronunciation Key (y-nk)
    adj.
    Being the only one of its kind
    Provided by dictionary.com

    There is only 1 of its kind on the internet. Even when the client bought it, which makes it "unique." There are no duplicates.

  21. #21
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    Good point - how much did you pay for the design?

  22. #22
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    Originally posted by OverSkilled


    u·nique Pronunciation Key (y-nk)
    adj.
    Being the only one of its kind
    Provided by dictionary.com

    There is only 1 of its kind on the internet. Even when the client bought it, which makes it "unique." There are no duplicates.
    reminds me how bill clinton defended himeslf in the court by saying, i did not have sex. there he meant sex in biological terms.

  23. #23
    This isn't a sex debate

  24. #24
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  25. #25
    Im out for the night, thanks for the awesome debate.

  26. #26
    From what I know about this. (If this is the atlanta host design)

    Then someone bought the design, used it for what I was told 3 days, and ended up not using it, so it went back for sale. If they used it for awhile on an active website I might consider it not unique, but just because someone else previously owned it doesn't make it not unique. Either way, you should have been told it was previously used. Mind showing us this design?

    Overskilled, you seem to know some detailed things about Tim/his companies. What is your relation to Tim?

  27. #27
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    Originally posted by ecpHosting
    hey, what's long, brown and sticky?

    you give up? a stick!

    Don't know about sticky depends where you placed it
    Clustered Hosting With Continuous Data Protection (CDP)
    http://www.solidinternet.com
    8 Years of hosting excellence!

  28. #28
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    Ive seen that design at least 3 times before. If im not mistaken its the same one used at rackeasy.

  29. #29
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    Originally posted by Eurofficial
    Ive seen that design at least 3 times before. If im not mistaken its the same one used at rackeasy.
    ^^See what I mean...

    3 Times! Definitely not a unique design.

  30. #30
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    Originally posted by Eurofficial
    Ive seen that design at least 3 times before. If im not mistaken its the same one used at rackeasy.
    Yep.
    AussieHost.com Aussie Bob, host since 2001
    Host Multiple Domains on Fast Australian Servers!!

  31. #31
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    Just my opinion, but unique would imply to me to mean "never before seen" if it were used before it could possibly be found in the way back machine and then I'd look like the ripper when I thought I'd bought something unique.
    Gary Harris - the artist formerly known as Dixiesys
    resident grumpy redneck

  32. #32
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    The question:

    Is the design currently used by another company/person, active on the web right now?

    I think this is what you meant to ask him, and I don't think one needs it *that* spelled out to get the meaning of, "Is this design unique?"

    If you want to play with words, then the design could be unique, yet uses over and over at many sites. I don't think one could mistake the question in this way however.

    Anyhow, none of this surprises me, we all know the past history and story on the designer.

    If the design has been used for a few days, but is not currently active aside from this, then I personally wouldn't worry about it.
    HostHideout.com - Where professionals discuss web hosting.

    • Chicken

  33. #33
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    Originally posted by Chicken
    If the design has been used for a few days, but is not currently active aside from this, then I personally wouldn't worry about it.
    From what I have heard, it has been used for more then a few days. Then the fact that it was used 2+ times by other people/companys.

  34. #34
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    The design is still in use by rackeasy and I take it, because of this hostriot has taken down his site.

    The design is not unique.

    I only ever hear bad things about this designer and his lack of business ethics. Why is he still allowed post here?

    I suppose the arguement to this is..Its better to have him out in the open than to have him sign up with a different username and carry out business this way.

  35. #35
    Euro, we have a unique design done, by an in-house designer. We usto use that design, and yes TimPD is back to his old magic trick's.

    Also Tim isn't the designer of that website, r.k **** is which Timmmah contract's him....

    Now day's it just seem's as if Timmah owes everyone there mom, and that mom's mom's grandma.

    Enough said, Tim I know you're reading this as you've been banned from yaxay, wht, and various other places although you still register under a new harmless nick now don't you tim.... Give HostRiot back his rightfully owned refund, as you've tricked him and cheated him by making him think it was unique he comes to find out I once used it, along as some other people.

  36. #36
    *yawns* yes I just woke up, checked my instant message's, and noticed tim had said this:
    PDSupports: hm

    Auto response from Rack Easy: Hello, PDSupports I'm currently away from the computer, so if you need anything please contact [email protected], or by phone at 1-866-699-2397. You can also contact me directly at [email protected], and I will get back to you. I'm in the office monday through friday 6am-9pm. Thank you for your time, and cooperation :-).

    PDSupports: hm

    Auto response from Rack Easy: Hello, PDSupports I'm currently away from the computer, so if you need anything please contact [email protected], or by phone at 1-866-699-2397. You can also contact me directly at [email protected], and I will get back to you. I'm in the office monday through friday 6am-9pm. Thank you for your time, and cooperation :-).

    PDSupports: *******
    PDSupports: thhanks alot
    Rack Easy: what
    Auto response from PDSupports: I am away from my computer right now.

    Rack Easy: ???????????????????????????

    Would it be because Tim knew he was doing HostRiot wrong, and I told HostRiot that design isn't unique as he was promised?

  37. #37
    Chicken, I disagree. If HostRiot paid for a unique design then he is paying for the designer to spend X amount of hours designing a web design. However, if the designer sold HostRiot a preexisting design then HostRiot is not getting his money's worth.
    Domain Software, LLC.

  38. #38
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    From reading the first post, it appears he bought a template, rather than hired the firm to design a site for him. Could be wrong, however only Hostriot can answer that.
    HostHideout.com - Where professionals discuss web hosting.

    • Chicken

  39. #39
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    Originally posted by Chicken
    From reading the first post, it appears he bought a template, rather than hired the firm to design a site for him. Could be wrong, however only Hostriot can answer that.
    I hired him to create me a design. Not a template...

  40. #40
    HostRiot, how did you pay the designer? If by Paypal then you can request a refund and if by CC then why not call up your CC company and request a chargeback?
    Domain Software, LLC.

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