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  1. #1

    Angry RackVM - No Refund under 14-day policy

    I’m having trouble getting a refund from Ben Harper of RackVM. I ordered a VPS on the 1st August 2010, cancelled under the 14-day refund policy on 6th August 2010, so far I have not recieved a refund as promised by him on 7th August 2010. Is this common?

  2. #2
    Join Date
    Feb 2004
    Location
    Sacramento CA
    Posts
    3,513
    Looks like they've changed their refund policy to just 7 days

    http://www.rackvm.com/tos.html

    (4) Cancellation and Refund Policy
    RackVM provides a 7 day money back guarentee, should a refund be required we currently have a 5 day holding proceedure for security. All billing works on a prorata where usually all billed accounts are due on the first of each month. You may cancel your RackVM account at any time you desire.


    Unfortunately this type of thing is way too common with the fly by nights and less established hosts. Just about any host that actually wants to stick around for awhile and has scruples will honor their own terms.

    Now mind you if you violated the TOS/AUP many hosts will not refund you.

  3. #3

    TOS changed!

    Amazing, looks like they've changed their TOS since I signed up!

    I never used the server as its dick IO seemed very slow.

    Last time I chased up my refund they closed my account. Here's the confirmation of refund:

    > From: "RackVM.com Billing" <billing@rackvm.com>
    > To: Martin Nicholas <XXXX@mgn.org.uk>
    > Date: 07/08/2010 07:23
    > *
    > Hi
    >
    > This has been done during office hours.
    >
    > ---
    >
    > Kind Regards,
    >
    > Ben
    >
    > RackVM.com
    >
    > Quick, Reliable, Amazing!
    >
    > ----------------------------------------------
    >
    > Ticket ID: #950753
    >
    > Subject: Cancellation &amp; refund.
    >
    > Status: Answered
    >
    > Ticket URL: REMOVED
    >
    > ----------------------------------------------
    Last edited by Martin Nicholas; 08-24-2010 at 01:41 PM.

  4. #4
    Join Date
    Jan 2009
    Posts
    3,878
    Quote Originally Posted by Martin Nicholas View Post
    Amazing, looks like they've changed their TOS since I signed up!

    I never used the server as its dick IO seemed very slow.
    I assume you mean disk IO right? Read/Write heads are the only thing that should be flopping around IMO.

  5. #5
    Join Date
    Mar 2010
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    /global/asia/vn
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    Quote Originally Posted by Martin Nicholas View Post
    Amazing, looks like they've changed their TOS since I signed up!

    I never used the server as its dick IO seemed very slow.
    hi
    how do you check disk IO and how to know it's slow or fast? Thanks!

  6. #6
    Join Date
    Feb 2004
    Location
    Sacramento CA
    Posts
    3,513
    Quote Originally Posted by MikeTrike View Post
    I assume you mean disk IO right? Read/Write heads are the only thing that should be flopping around IMO.
    Either that or there are some really kinky data centers out there. One thing I did note on RackVM their TOS/AUP is not easy to find which in my mind is not a good sign that should be clear as a bell.

  7. #7

    Talking It's Been a long day!

    DisK IO looked slow - every time I wanted to perform an ls, cat or similar there was a noticeable delay. Seconds at one point - I then decided to cancel.

    I should add that my VPS was indeed cancelled, then my account was closed altogether, after reminding them about my promised refund! Now tickets to sales dept are cancelled before any reply is forthcoming.

  8. #8
    Quote Originally Posted by MikeTrike View Post
    I assume you mean disk IO right? Read/Write heads are the only thing that should be flopping around IMO.
    LOL! You rock.

  9. #9
    Quote Originally Posted by MikeTrike View Post
    I assume you mean disk IO right? Read/Write heads are the only thing that should be flopping around IMO.
    Haha.


    I should add that my VPS was indeed cancelled, then my account was closed altogether, after reminding them about my promised refund! Now tickets to sales dept are cancelled before any reply is forthcoming.
    Maybe you can find the owner on WHT and send them a PM/Email? Their reviews on WHT aren't too good.

  10. #10
    Join Date
    Oct 2009
    Posts
    107
    I have had a few VPS's with them and when I signed up for their 1GB OpenVZ VPS, I found that I couldn't get XFCE to run, so I cancelled the server and opened a ticket for a refund and got it within a day.

    That was just last month.

  11. #11
    Quote Originally Posted by Martin Nicholas View Post
    I’m having trouble getting a refund from Ben Harper of RackVM. I ordered a VPS on the 1st August 2010, cancelled under the 14-day refund policy on 6th August 2010, so far I have not recieved a refund as promised by him on 7th August 2010. Is this common?
    They have up to 30 days to pay you in full after that it becomes a legal matter.

  12. #12
    Join Date
    Apr 2003
    Location
    Atlanta, Jawja
    Posts
    3,074
    Even if they changed their policy to 7 days, the customer requested it on his 5th day.

    As long as the customer didn't violate the TOS/AUP, he is due a refund, as per the hosting provider's refund policy.

    My vote (again, assuming the customer didn't violate anything): PAY UP, HOSTIE-POOH!
    Doug Hazard - "retired" Web Hosting Master
    * Full Stack (Web/WP) Dev for The Catholic Diocese of Richmond (160+ sites)
    * Sports Photographer, Media Personality and CFB Historian
    * Tech Admin for several Sports Networks/Sites

  13. #13
    Join Date
    Oct 2006
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    Anyone would change TOS at anytime, but they should send notice and should not apply it to orders and customers who signed prior to TOS amendment.
    HostColor.com Edge Infrastructure - US Dedicated Servers & Europe Dedicated Hostingsince 2000
    In 50 U.S. Edge Data Centers & 80 POPs worldwide
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  14. #14
    Quote Originally Posted by Douglas View Post
    Even if they changed their policy to 7 days, the customer requested it on his 5th day.

    As long as the customer didn't violate the TOS/AUP, he is due a refund, as per the hosting provider's refund policy.
    And also per UK's Distance Selling Regulations.

    Martin, make sure to keep a copy of all communication you have with this company. You requested the refund within your 7 day entitlement period (per uk law) so they now have to pay up with 30 days of your cancellation request.

  15. #15
    Join Date
    Sep 2009
    Posts
    2,277
    Quote Originally Posted by celticwarrior View Post
    And also per UK's Distance Selling Regulations.

    Martin, make sure to keep a copy of all communication you have with this company. You requested the refund within your 7 day entitlement period (per uk law) so they now have to pay up with 30 days of your cancellation request.
    Read this, it can be used as an escape clause if RackVM wanted.


    Exceptions to the right to cancel

    Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

    for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods)
    You cant return the bandwidth, technically or the power used, or the actual server! So really it would be hard to prosecute them, but RackVM are getting a bad reputation on here, and quickly!

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