hosting company wont give refund

A few weeks ago i signed up for a dedicated server with a Canadian web hosting company. From the very beginning it was a rocky road. It took them a week to even provision the server. And the entire week i was on the server it was one problem after another.

I paid $468 upfront, with 168 for setup and 300 for first month hosting.

After 1 week of being hosting on the server i decided that it was not working out and i transfered my site to a new server.

I requested that i receive a refund for the fist month hosting.

They told me that since i transfered the files which they worked on (data base stuff) that they would not issue me ANY refund.

Just wondering what kind of legal position i'm in. I really don't want to get my lawyer involved for something less than 500, but i will if i have to.

thanks

 

i think they have to refund you

 

If you paid them to provide a service and they didn't provide that service then they should refund you.

 

i lost 720$ due to a dedicated seller scam
if it's a known business you can file a claim or police report when they don't refund you.
but when it's a scammer,you won't get refunded

 

well i have to meet with a laywer tomorrow for an unrelated issue, i'm going to get his opinion on the situation

 

On their website, did they offer a money back guarantee or like most dedicated server hosts, they specifically mentioned no refunds ? If it was the later and you agreed to the terms by signing up with them then I doubt you have much of a legal leg to stand on.

 

Does it state that in their contract with you?

 

Did you read their TOS before you signed up with them?...may companies will have a tricky little refund clause in there...that mentions that they might give you a refund...but are in no way obligated to...

 

unfortunity, i did not sign a contract, we spke over the phone and through email.

 

Well, you still have the right to get back refund. But i m not sure your place law,in my place, I just go and sue them!

 

i'm in Canada, but we're in different provinces. The hosting company is based in Alberta, and I"m in Ontario.


I'll see what my laywer says tomorrow

 

Does the web host have a website ? If so, check their terms as you would most likely be bounded to them even if you did not read them. If you can, print that and show it to your lawyers.

 

they are a new company...an extention of an existing web design company.

They have web site, but it is basically just a page.

 

Do that. That's what they're there for when people have legal disputes such as
these.

People around here can give their thoughts and provide suggestions how to go
about this. But only a lawyer who can review any and all available facts (e.g.
laws of your jurisdictions, any agreed upon terms, etc.) can truly assess your
situation.

Good luck.

 

they have to refund you

 

you don't know the hosting company, and you don't know what their TOS says...if it says they don't issue refunds then they don't have to refund him

 

Maybe I'm being a bit thick, but why would you want to host with a company which does not have a professional website and a legal TOS? Since the company deals with internet related stuff, it looks quite weird that they do not have a specialised page.

You might want to search on the net for people who have had a similar experience with this company. Judging by the service they gave you, it is quite likely that they would have had more than one unhappy customer...

 

you deserve your money back mate. fight them for it and get the law or threaten to take legal action if they dont do the right thing.

 

What did you pay with, a credit card, paypal? Contest the charge if they refuse to handle it responsibly.