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  1. #1

    [fsckVPS] Is this right to refuse affiliate payout? I feel like I have been cheated

    Hi,
    I worked as affiliate with Vaserv/FsckVPS and referred a few clients. now they are refusing to to pay me for valid sales
    I tried countless number of times and waited for 3months but they are not paying for my hardwork and efforts

    Instead they acted unprofessionally gave hopes and lied to me that I would get it soon and closed my tickets even without replying. they even suspended affiliate account in whmcs so that I would lose all data about my referrals

    But gadly there was a backup. I never abused any of there staff and was humble till the end but they didn't not listen to my requests






    Tickets(the ones which got replied,countless others didn't get replied. so not posting here):



    Do notice their dates and staff responses. its hard to believe that this all is happening just for few bucks

    The Question I am asking is

    Is this right to block my affiliate payment?
    Last edited by Gary4gar; 09-26-2009 at 07:26 PM.
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  2. #2
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    Wow...

    They obviously cannot read. They kept repeatedly asking for your paypal address while you repeatedly gave it to them.
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  3. #3
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    I READ ALL OF THAT AND I SHOULD GET PAYED TO.PAY HIM OK SO HE CAN PAY ME.
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  4. #4
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    Quote Originally Posted by Ohioguru View Post
    I READ ALL OF THAT AND I SHOULD GET PAYED TO.PAY HIM OK SO HE CAN PAY ME.
    What do you mean by that?
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  5. #5
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    No, it is not right.

    Maybe there are technical reasons why they can't? Or maybe the affiliate program has been defunct since the incident?
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  6. #6
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    It deppends how BlueSquare have purchase/taken over VAserve.

    If BlueSquare have purchased the company then by law they take over the debt also, but from what Rus is saying it looks like they've just purchased their assets and VAServe is in the process of liqudation therefore BlueSquare doesn't have to pay you money.


    My advice, would be find out what type of liquidation VAServe is going through then take the correct legal steps to claim the money (if you can).
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  7. #7
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    I imagine that they should pay out unless the end-user sales ended up being fraudulent. Hopefully they will reply to this thread!

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  8. #8
    Quote Originally Posted by sean0r View Post
    No, it is not right.

    Maybe there are technical reasons why they can't? Or maybe the affiliate program has been defunct since the incident?
    It was suspended on 03 Sep 2009 and all my referrals are before that. .

    Also, How would I know unless somebody informs me about it?

    I politely requested them to pay and still doing that. but they are not listing to me. I even didn't want to post this on a public forum and waited for roughly 3months to get funds.

    its not about damn money, but how they treated me!
    Last edited by Gary4gar; 09-26-2009 at 07:58 PM.
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  9. #9
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    It's nothing to do with the sales being fraudulent or anything, as you can see Rus was going to give him the money for it but changed their mind.

    As I said, it's legal issues you need to clarify what type of liquidation the company is going into and take it from there.
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  10. #10
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    Quote Originally Posted by RH-Scott View Post
    It deppends how BlueSquare have purchase/taken over VAserve.

    If BlueSquare have purchased the company then by law they take over the debt also, but from what Rus is saying it looks like they've just purchased their assets and VAServe is in the process of liqudation therefore BlueSquare doesn't have to pay you money.


    My advice, would be find out what type of liquidation VAServe is going through then take the correct legal steps to claim the money (if you can).
    there are no documents filed at companies house indicating that the company known as 'vaserve' is under liquidation (there would be if it was as it's a legal requirement). all available documents are available online of course.
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  11. #11
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    Yeh I've been looking myself, theres also no mention on any public publications i.e a gazelle
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  12. #12
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    I can't go into to many details due to signed legal contract but what I can say is

    VAServe Ltd transferred the assets and goodwill of the company to a new entity that is owned by Bluesquare. Due to the events in June VAServe Ltd has basically not had any cash in since then. Basically any remaining funds were used. All the appropriate legal paperwork to get the company dissolved and degreistered for VAT has been filed and should be completed in the next couple of weeks. For dissolution the entity must not of been trading for 3 months and this is basically what we have done. Hence why in this case I'm afraid we can't make the OP's payment as

    a) VAServ Ltd don't have the cash
    b) We gave notification that we were cancelling all affiliate programs a few months back
    c) we are closing down the legal entity

    Rus

    Rus
    Russ Foster - Industry Curmudgeon
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  13. #13
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    I would also like to add on a personal note I would like to pay the OP if I could but its quite a case of simply not possible and on a personal level the company shutdown will be costing me personally a signifcant amount of cash as well.
    Russ Foster - Industry Curmudgeon
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  14. #14
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    [Ignore, can't be bothered going into it lol]
    Last edited by HostThree; 09-27-2009 at 12:04 PM. Reason: Ignore
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  15. #15
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    Quote Originally Posted by rghf View Post
    I can't go into to many details due to signed legal contract but what I can say is

    VAServe Ltd transferred the assets and goodwill of the company to a new entity that is owned by Bluesquare. Due to the events in June VAServe Ltd has basically not had any cash in since then. Basically any remaining funds were used. All the appropriate legal paperwork to get the company dissolved and degreistered for VAT has been filed and should be completed in the next couple of weeks. For dissolution the entity must not of been trading for 3 months and this is basically what we have done. Hence why in this case I'm afraid we can't make the OP's payment as

    a) VAServ Ltd don't have the cash
    b) We gave notification that we were cancelling all affiliate programs a few months back
    c) we are closing down the legal entity

    Rus

    Rus
    Sounds like another bunch of con artists that we will read about in TNotW one sunday.
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  16. #16
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    Quote Originally Posted by phill2003 View Post
    Sounds like another bunch of con artists that we will read about in TNotW one sunday.
    How exactly are they con artists if they have given fair warning that the affiliate program is closing.
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  17. #17
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    Quote Originally Posted by darkeden View Post
    How exactly are they con artists if they have given fair warning that the affiliate program is closing.
    You must work there?

    If the affiliate system is still taking signups, they should be paid out, regardless if they are closing or not. They should set a date they are closed and not accept any new signups.

    It seems they said they were closing, took on more signups so they made money, but refuse to give the money to the other people.

    Sounds like a lawsuit waiting to happen.
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  18. #18
    Quote Originally Posted by darkeden View Post
    How exactly are they con artists if they have given fair warning that the affiliate program is closing.
    just to clarify:

    my affiliate program was suspended on 3rd September.it was informed to via a Support ticket. The main point is, I am asking for payments for signups done before that cut off date
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  19. #19
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    To be quite honest with you.

    Vaserv was a con. I never used them, I saw when they first became "known" that they were going to go down the pan. they kept buying businesses that were going down the pan and never did anything to save them. A good example of this was Sarora Hosting they (to be nice) F*cked up big time and then Vaserv purchased their clients Strange dont u think? that a company that was going down the pan goes and wastes vital resources AKA money to buy into other hosts?

    ANYWAY! Bluesquare are a trustworthy company I have services that are based there that I purchase through Karl at Coeplic LTD and have had no problem with them. Rus & Vaserv are a con but hopefully a company with lots of funding (I'm referring to bluesquare) could maybe possibly turn them around and finally give their clients peice of mind.

    - Many Thanks,
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  20. #20
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    Quote Originally Posted by veeblox View Post
    To be quite honest with you.

    Vaserv was a con. I never used them, I saw when they first became "known" that they were going to go down the pan. they kept buying businesses that were going down the pan and never did anything to save them. A good example of this was Sarora Hosting they (to be nice) F*cked up big time and then Vaserv purchased their clients Strange dont u think? that a company that was going down the pan goes and wastes vital resources AKA money to buy into other hosts?
    Taking your opinion is based on not using any services EVER then might I suggest this alternative school of though. We bought up the companies, gave the clients some basic stability so they could either stay or move and boosted our customer base by spending money on acquisition rather than advertising to the point that we have clients form EpicVPS, Sarorahosting, VT6 + others we have purchased still paying today with active and live services making the ROI rather quite good.

    Perhaps then I should take corehoster where it was actually closed in that we took over the company, knocked it into shape and then transferred it over to someone whos main focus was shared/reseller hosting to allow customers to keep going and to this day is still working under the name hostlynx.

    I think a con would be defined as taking something then not paying for it.
    Russ Foster - Industry Curmudgeon
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  21. #21
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    Quote Originally Posted by rghf View Post
    I can't go into to many details due to signed legal contract but what I can say is

    VAServe Ltd transferred the assets and goodwill of the company to a new entity that is owned by Bluesquare. Due to the events in June VAServe Ltd has basically not had any cash in since then. Basically any remaining funds were used. All the appropriate legal paperwork to get the company dissolved and degreistered for VAT has been filed and should be completed in the next couple of weeks. For dissolution the entity must not of been trading for 3 months and this is basically what we have done. Hence why in this case I'm afraid we can't make the OP's payment as

    a) VAServ Ltd don't have the cash
    b) We gave notification that we were cancelling all affiliate programs a few months back
    c) we are closing down the legal entity

    Rus

    Rus

    You had money to buy new clients / companies a few weeks ago.

    http://www.webhostingtalk.com/showthread.php?t=890125

    I wonder what will happen to any providers Vaserv might owe money to for the 3 months that the business "slept" while awaiting to be disolved.
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  22. #22
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    Quote Originally Posted by nerdie View Post



    It seems they said they were closing, took on more signups so they made money, but refuse to give the money to the other people.

    Sounds like a lawsuit waiting to happen.
    If they have now sold and new ownership has arrived wouldnt it be bluesquare taking the money?
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  23. #23
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    Quote Originally Posted by Chris_M View Post
    You had money to buy new clients / companies a few weeks ago.

    http://www.webhostingtalk.com/showthread.php?t=890125

    I wonder what will happen to any providers Vaserv might owe money to for the 3 months that the business "slept" while awaiting to be disolved.
    I need to make a clear a very legal line here. Anything prior to he 31st June is down to the VAserve Ltd entity. Anything after that is handeled via the company that took over the assests and goodwill. This new legal entity I have no legally binding relationship with apart from that of an employee. Any suppliers are more than aware of that and forward going negoiations with people who replied to that advert are very well aware of who they are dealing with as well.
    Russ Foster - Industry Curmudgeon
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  24. #24
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    you practically have taken peoples money though Rus, Closing Peoples affiliate accounts without refunds?

    A con dont u think?

    - Many Thanks,
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  25. #25
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    Quote Originally Posted by veeblox View Post
    you practically have taken peoples money though Rus, Closing Peoples affiliate accounts without refunds?

    A con dont u think?

    - Many Thanks,
    We told the customer on the 2nd July, 1 day after the sale we were suspening the affiliate program. I quote from his first links

    02 Jul 2009 05:44 PM
    HI
    This is temporarily suspended until we have completed the billing audit due to the company sale

    I'm not going to try to change your opinion of me as quite simply its not worth the effort. I've tried to make reasonable choices and make the right decisions every day I've run my own business. Sometimes I'm right, sometimes I'm wrong and sometimes you just get kicked in the balls and sometimes you get bitten for choices you've made. I tried to deliver a payment but if the company doesn't have the money then its not like I can magic it out of thin air.
    Russ Foster - Industry Curmudgeon
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  26. #26
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    Well what happened to the money the people put in then?
    Did that vanish out of thin air as well?

    - Many Thanks,
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  27. #27
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    Quote Originally Posted by veeblox View Post
    Well what happened to the money the people put in then?
    Did that vanish out of thin air as well?

    - Many Thanks,
    No one invested any money...I think you might have the wrong idea about what an affiliate program is

    Rus
    Russ Foster - Industry Curmudgeon
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  28. #28
    Quote Originally Posted by rghf View Post
    We told the customer on the 2nd July, 1 day after the sale we were suspening the affiliate program. I quote from his first links

    02 Jul 2009 05:44 PM
    HI
    This is temporarily suspended until we have completed the billing audit due to the company sale

    I'm not going to try to change your opinion of me as quite simply its not worth the effort. I've tried to make reasonable choices and make the right decisions every day I've run my own business. Sometimes I'm right, sometimes I'm wrong and sometimes you just get kicked in the balls and sometimes you get bitten for choices you've made. I tried to deliver a payment but if the company doesn't have the money then its not like I can magic it out of thin air.
    Rus,
    Its untrue!
    I did confirm it with once again on 16July in ticket about status of program. sent you a PM with exact ticket no.

    atleast, don't try to show me in bad light. don't go in that direction.
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  29. #29
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    I'm sorry Rus, I meant to quote this

    I wonder what will happen to any providers Vaserv might owe money to for the 3 months that the business "slept" while awaiting to be disolved.
    - Many Thanks,
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  30. #30
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    Quote Originally Posted by Gary4gar View Post
    Rus,
    Its untrue!
    I did confirm it with once again on 16July in ticket about status of program. sent you a PM with exact ticket no.

    atleast, don't try to show me in bad light. don't go in that direction.
    Well thats what happens when people cant take being put in the wrong. They try and blame other people.

    - Many Thanks
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  31. #31
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    Quote Originally Posted by veeblox View Post
    I'm sorry Rus, I meant to quote this



    - Many Thanks,
    They would get payment from the new legal entity and not the old one so no-one would be out of pocket.

    Rus
    Russ Foster - Industry Curmudgeon
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  32. #32
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    Quote Originally Posted by rghf View Post
    I need to make a clear a very legal line here. Anything prior to he 31st June is down to the VAserve Ltd entity. Anything after that is handeled via the company that took over the assests and goodwill. This new legal entity I have no legally binding relationship with apart from that of an employee. Any suppliers are more than aware of that and forward going negoiations with people who replied to that advert are very well aware of who they are dealing with as well.
    Whats that got to do with it?

    You're company is still a legal entity at the moment and is in debt to the OP, you have to by law (sec 89 of the Insolvency Act 1986) be able to pay off all your debts within a 12month period if you are doing a vountary wind down of your company.
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  33. #33
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    Quote Originally Posted by RH-Scott View Post
    Whats that got to do with it?

    You're company is still a legal entity at the moment and is in debt to the OP, you have to by law (sec 89 of the Insolvency Act 1986) be able to pay off all your debts within a 12month period if you are doing a vountary wind down of your company.
    Two seperate issues are being discussed in this thread. And per that legal statue that is what my accountant is for and they are handeling things as appropiate.
    Russ Foster - Industry Curmudgeon
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  34. #34
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    The OP and myself have worked out a mutually working solution to this
    Russ Foster - Industry Curmudgeon
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  35. #35
    Quote Originally Posted by rghf View Post
    The OP and myself have worked out a mutually working solution to this
    Yes, We are working on a full & final settlement.As it would be good for both us to settle this mutually. he has given me a word that I would be paid in 2weeks.

    I request mods to close this thread till then
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