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  1. #1

    Thumbs down Horrible service ? FsckVPS

    Hello everyone, this is my first thread on WHT. Sorry for my poor English,my mother tongue is not English, but I'll try my best to express myself clearly.

    I ordered a Xen VPS from fsckvps on Jun 16,just after they recover from hack attack 2 days.
    order number is: 9086614245 , price is 17.00 USD.

    until Jun 20, they setup my new vps, but when I login in and found it's a OpenVZ vps(no swap, cannot run tc traffic control).

    I thought that's a little mistake, so send emails to them, got reply
    "We do not have available Xen space right now but expect some during next week".

    So i decided to wait...
    After one week , I got "I'm afraid we wont be doing xen orders at this time, rather openvz orders we can do." So I requested a refund, no respones.

    finally I have to go to PayPal's resolution center, fsckvps still refuse to refund and state "This is a virtual service/good".

    Am I wrong? What would you do if you are in my situation?

  2. #2
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    You should bump your tickets/emails with them in regards of the refund. They may have got the majority of the VPS's up within 2 days. But there is probably a month worth of work to fix everything and get everyone's settings back to normal. I'm sure they have a lot of work to do and will probably need to be reminded of the refund.
    www.DMEHosting.com - DME Hosting LLC | Servers, KVM/OpenVZ VPS's, Email Hosting, Web Hosting

  3. #3
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    Jun 2008
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    I still say these guys are probably swamped with all that happened. Unfortunately for you since this is a virtual good, any dispute with PP will automatically be lost for you and awarded to fsckvps. Have you tried calling them? Considering what you are saying this should be a pretty refund instance but with all the previous e-mails and tickets over the past month a phone call may be the only way to communicate properly.

  4. #4
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    I would also point out the fact that they're problary under heavy load (ticket wise) after the hacks, and i agree you should just call them and keep bumping up your tickets. Opening a dispute via PayPal won't help at all.

  5. #5
    They are a lousy ran company you should avoid at all costs - my credit card issued an immediate charge back because of their silly policy of no money back and not offering what they sell

  6. #6
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    Quote Originally Posted by Obtrix View Post
    i agree you should just call them and keep bumping up your tickets.
    And risk being accused of "abuse"? Sorry but I have seen the only way to get a refund from VAServ, the owners of FSCKVPS, is to either come here and shame them into refunding you, or to issue a charge back with your bank, NOT PAYPAL.

    How did you fund the Paypal transaction? Debit card, Credit Card or Bank Transfer? Also where are you located? Depending on the card type, Debit or Credit, there are different procedures to take when asking for a charge back.

    Bank transfers, as well as most debit card transactions, are treated as cash payments and so you are unlikely to get your cash back, unless you can prove to the bank that what you recieved was significantly different to what you purchased, Xen vs OpenVZ is covered, and that you have tried to request a refund from the provider and they are either refusing or ignoring you. Most banks will ask you to wait at least a week before they say your provider is ignoring you.

    Take all correspondence, and screen shots, to the bank and ask to speak to a manager, not front line staff.

  7. #7
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    I concur - FSCKVPS has really slid down that slippery slope of typical budget VPS providers.

    They are TERRIBLE now - they don't even respond to tickets, have promised on several occasions to resolve issues within 48 hours and it's a month later and I'M STILL waiting!

    We used to be one of the biggest advocates for FSCKVPS and now I wear egg on my face.
    Jason (JC) Morris, Vice President - Technology
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  8. #8
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    There were lots of good things said about them in the past before the incident. Since they are under BlueSquare now, hopefully things will improve for them after they get everything resolved.

    Another option would be to look for a suitable VPS provider at roughly the same budget.
    Psychz Networks - Dedicated Servers, Co-location | GigePipe - High Bandwidth Servers | PhotonVPS - SSD Cloud
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  9. #9
    Join Date
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    Appears they don't take any notice of cancellation requests either

    If you requested immediate cancellation then the service will be terminated within the next 24 hours.
    48 hours later & it's still not cancelled.
    Last edited by ebit; 06-29-2009 at 02:39 PM.

  10. #10
    Honestly I've not seen a huge problem with their support since the hack. Most of my requests are processed with in 1-12 hours (some even within one hour), my only complaint is the lack of knowledge that some of their newer support agents have.

  11. #11

    * Fraud

    If anyone order Xen and receive OpenVZ the correct name of this operation is fraud. Incredible!
    The-REV, OS/2 Guru
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  12. #12
    Join Date
    Jun 2007
    Posts
    55
    Thank God I found this post.

    I had requested that they cancel my account (immediate) over a week ago and on logging into their system today, I notice that the account is still active with an invoice due tomorrow!

    Thankfully they don't seem to have my card details on record but this is nuts.

    I thought it was funny when I got an email from them yesterday about blueserver or similar but I thought they were just spamming me but it seems everything has just fallen apart there.

    I will open a ticket and tell them to close my account immediately.

  13. #13
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    Quote Originally Posted by ebit View Post
    Appears they don't take any notice of cancellation requests either

    48 hours later & it's still not cancelled.
    The same at cheapvps as it's the same provider. I have asked them to convert my VPS into backup account, but I don't know how reliable they are????
    Low Cost Storage VPS plans at webprovps.com
    VPS Price Match Guarantee on: All our range of DDOS protected XEN HVM VPS
    == Contact us for any online solution development or managed / unmanaged vps hosting ==

  14. #14
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    Mar 2006
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    Since I can't login to secure.fsckvps.com anymore I'll assume they've cancelled it.

  15. #15
    don't want to be the devil's advocate, but they should have, at the very least, sent him a mail to notify him that couldn't offer Xen based VPS anymore and ask him if an VZ VPS was Ok. Furthermore, regarding this matter, if they cannot offer Xen based VPS naymore for the time being, they should have removed every Xen related packages from their site.

    The "virtual good" response to refuse to refund him is complete bs.
    He should raise his ticket and bug Paypal to get a forced refund, if this is possible. I know paypal has a very strict policy, so I'm sure it wouldn't take much for them to freeze the offender account until the issue is resolved.

    Sorry to the other hosters, but when we, customers, order an Apple, we expect an Apple and not a Pear. I'm sure many people, regardless of being a customer or an hosting company, will agree with that.

  16. #16
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    Jun 2003
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    Calgary, Alberta
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    Got an e-mail from them yesterday advising me that they finally added my second IP address to my server after more than 3 weeks...

    Checked this morning, no second IP address...

    Gotta love FSCKVPS
    Jason (JC) Morris, Vice President - Technology
    TechWest Hosting - Enterprise Plesk & cPanel Hosting Since 2003!
    Shared & Reseller Hosting on Dell Quad Core 5420 Servers w/ RAID 10 in Multiple Datacenters!
    Ruby on Rails, FFMPEG, Fantastico, RVSiteBuilder, RVSkins, Nightly Off-site Backups, Clustered DNS!

  17. #17
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    Quote Originally Posted by chris34 View Post
    don't want to be the devil's advocate, but they should have, at the very least, sent him a mail to notify him that couldn't offer Xen based VPS anymore and ask him if an VZ VPS was Ok. Furthermore, regarding this matter, if they cannot offer Xen based VPS naymore for the time being, they should have removed every Xen related packages from their site.

    The "virtual good" response to refuse to refund him is complete bs.
    He should raise his ticket and bug Paypal to get a forced refund, if this is possible. I know paypal has a very strict policy, so I'm sure it wouldn't take much for them to freeze the offender account until the issue is resolved.

    Sorry to the other hosters, but when we, customers, order an Apple, we expect an Apple and not a Pear. I'm sure many people, regardless of being a customer or an hosting company, will agree with that.
    Virtual good dispute is BS eh? When is the last time you won a dispute with PP over a virtual good? Have you looked at he TOS in the past year to see how it has changed? I guess you think when it's in clearly written terms that it is still BS too huh? Maybe you would like to see a letter directly from PP describing this. If interested I am sure I can dig it up and PM you as I won't post it directly here and rbb the thread.

  18. #18
    Quote Originally Posted by bigks View Post
    Virtual good dispute is BS eh? When is the last time you won a dispute with PP over a virtual good? Have you looked at he TOS in the past year to see how it has changed? I guess you think when it's in clearly written terms that it is still BS too huh? Maybe you would like to see a letter directly from PP describing this. If interested I am sure I can dig it up and PM you as I won't post it directly here and rbb the thread.
    Give me a break about the Paypal TOS I know it very well and it changes/gets updated every year.

    By BS I mean BS answer. I've asked refund for a virtual good before and I never had a problem getting a refund. Thought, it wasn't from a company with the same level of professionalism. It wasn't related to hosting business, just in case of you wonder.

    It's BS because they, or shall I say you?, refuse to refund an unhappy customer that they/you blatantly defrauded by giving him something different from what he ordered without notice. you/They're just hiding behind the only right you/they have which is stupid and is an open door to more fraud. on the other hand, it's not a bad thing as, if Paypal gets too many complain about this; it will ultimately make them change their TOS to remove this loophole.

    Virtual good can still be disputed, just in case of you don't know Paypal well.

  19. #19
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    Quote Originally Posted by bigks View Post
    Virtual good dispute is BS eh? When is the last time you won a dispute with PP over a virtual good? Have you looked at he TOS in the past year to see how it has changed? I guess you think when it's in clearly written terms that it is still BS too huh? Maybe you would like to see a letter directly from PP describing this. If interested I am sure I can dig it up and PM you as I won't post it directly here and rbb the thread.
    I dont think he is saying that the defence is bull, just the fast that 99% of providers trot that defence out when they are issued with a Paypal dispute.

    I can understand them using that reason if it is something like a licence key, like WHMCS, where the provider has 100% proof the client has received the "item", as we are using WHMCS as an example it is listed in the "My Products" area in the client area, also it is included on the email sent to you, of which a copy can also be found in the client area.

    For an item that was purchased, a XEN VPS, and the item being received, an OpenVZ VPS, while technically they are virtual goods the Trade Descriptions Act 1968*, and possibly the EU Unfair Commercial Practices Directive, comes into play. As someone said said above you dont expect to receive a pear when you have ordered an apple,

    * Essentially each product sold must be as described, of satisfactory quality, and fit for purpose. (My formatting)

  20. #20
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    I am only speaking from experience on the PayPal issue as Andy at the NYNOC tried to burn me over this. I paid for hosting, the machine basically went to hell and no refunds were given even though the SLA dealt with such occurrences at the time. I opened a PP dispute and the NYNOC immediately pushed this to a claim and within 15 minutes guess what.......dispute lost. I fire off phone calls to PayPal along with e-mails only to find out hosting is considered a "virtual good" and paypal does NOT side with the buyer of any virtual good since it hits on the quality of a virtual good which is almost impossible to determine from their standpoint. Did I receive a refund? Yes, in the end after calling corporate and bitching I did receive an adjustment but the NYNOC did not actually give me a refund. This is exactly why I have posted on WHT many of times this exact situation and to read the terms of PayPal in regards to hosting. The thing to remember is if you are trying a new host out and they accept PP, use a credit card for the first month so you have rights on the purchase. Using PayPal for hosting is an automatic seller "wins" situation and I find it ignorant you write this off as "well bigks, they change there terms all the time", well yes but this term has been active for almost a year couple with the fact you threw in the wording of "It's BS because they, or shall I say you?, refuse to refund" wow buddy.....real mature. I was trying to help this guy and you take it personal....maybe a chill pill could assist. Why not get verification from paypal over the matter instead of assumption.

    Have a great day .

  21. #21
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    Quote Originally Posted by DephNet[Paul] View Post

    * Essentially each product sold must be as described, of satisfactory quality, and fit for purpose. (My formatting)
    I truly wish this was case mate.....but...I have found it to be the complete opposite.

  22. #22
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    Here is what PP would state if you did file a claim against a web host. This if for everyone's information and not just the guy above.

    Dear XXXXXXX Inc.,

    Your seller has chosen to escalate this dispute to a PayPal claim. By
    ending communication with you and escalating to a claim, the seller is
    asking PayPal to investigate the case and decide the outcome. As part of
    our investigation, PayPal reviewed any communication you may have had in
    the Resolution Center.

    Our investigation into your claim is complete. As stated in our User
    Agreement, the claims process only applies to the shipment of goods. It
    does not apply to complaints about the attributes or quality of goods
    received. Therefore, we are unable to reverse this transaction or issue a
    refund.

  23. #23
    Thank you for everyone following this thread, today I got their reply said

    "Xens will not be available until later on this week or earlier on during next..."

    It seems what I can do is continue waiting...

    I really cannot understand why fsckvps still keep the purchase link for Xen vps on their site since they do not have them actually.

  24. #24
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    PayPal is quite unsure sometimes, from previous experience.

    They cancelled a chargeback against us; the next day brought it back. It’s frustrating especially as it was not even a legitimate request (the product was provided)

    I think with many of those occurring now a day, large hosting companies just really can not be bothered with explaining further details and just let PayPal decide.

  25. #25
    Quote Originally Posted by bigks View Post
    I am only speaking from experience on the PayPal issue as Andy at the NYNOC tried to burn me over this. I paid for hosting, the machine basically went to hell and no refunds were given even though the SLA dealt with such occurrences at the time. I opened a PP dispute and the NYNOC immediately pushed this to a claim and within 15 minutes guess what.......dispute lost. I fire off phone calls to PayPal along with e-mails only to find out hosting is considered a "virtual good" and paypal does NOT side with the buyer of any virtual good since it hits on the quality of a virtual good which is almost impossible to determine from their standpoint. Did I receive a refund? Yes, in the end after calling corporate and bitching I did receive an adjustment but the NYNOC did not actually give me a refund. This is exactly why I have posted on WHT many of times this exact situation and to read the terms of PayPal in regards to hosting. The thing to remember is if you are trying a new host out and they accept PP, use a credit card for the first month so you have rights on the purchase. Using PayPal for hosting is an automatic seller "wins" situation and I find it ignorant you write this off as "well bigks, they change there terms all the time", well yes but this term has been active for almost a year couple with the fact you threw in the wording of "It's BS because they, or shall I say you?, refuse to refund" wow buddy.....real mature. I was trying to help this guy and you take it personal....maybe a chill pill could assist. Why not get verification from paypal over the matter instead of assumption.

    Have a great day .


    mature? not mature? Sorry, it doesn't work here. It's not the first time I hear this argument as a defense and you surely want to know what kind of people did use it.
    Sorry if I thought that you were part of the host company as you seemed to take what I wrote personally.

    when I said that their reply about virtual good was a BS message. By BS I meant, as I wrote above, that it was the only thing they could hide behind and they used it.

    you say that the virtual good thing is not bs, but then you write that by bitching you got your money back. wow.

    nevermind it and as somebody mentioned already a TOS does not make the law. one way or another you can get your money back, if it's worth fighting for it. Sometimes Paypal do help you resolve issues with Virtual goods. When they don't, they still flag the offender account and when more people raise a dispute with the same complain, they freeze this account.

    And sorry if my English sucks, I'm not a native English speaker.

    let's get back on topic and help this guy.
    Last edited by chris34; 07-01-2009 at 04:22 AM.

  26. #26
    Actually they have a history of doing this that proceeds the recent attack. We ordered a Xen VPS from them in September last year, and got an OpenVZ one. Admittedly we didn't dispute it because we were not that bothered, but it would have been nice to get what we asked for and at the very least asked if the substitution was acceptable.

    After the attack the VPS was lost forever, so we ordered another one. It was the same story again, we specified Xen and got OpenVZ. I understand that they "sell" Xen, but has anyone actually got a Xen VPS with them or do they all silently end up as OpenVZ?

  27. #27
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    Quote Originally Posted by chris34 View Post
    let's get back on topic and help this guy.
    That's what I was trying to do this whole time . There is a certain way you must play the PayPal dispute process if you want an "account adjustment" as refunds for virtual goods place you against a brick wall.

  28. #28
    Well i have heard good things about them but after the hack they still seems to be still coping up issues around them, May be you got a incorrect response try to confirm again with them, If they still refuse then thats bad and very sad.
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