Web hosting contracts and service levels

Discussion in 'Legal Issues' started by the zoo keeper, Aug 20, 2007.

  1. #1
    Is it possible to cancel a 1 year hosting contract for a full refund due to service levels?

    A couple of months back i signed a 1 year hostign contract with netfirms, payign about $300. Since then the sites have failed to load a lot, when they do im looking at 30 secs plus to load simple html pages.

    Does the sale of goods term 'the product must be fit for the purpose for which it is intended' apply to the online world and seeing im based in England and they in Canada under which country's contract law would we be dealing.

    thanks
     
    the zoo keeper, Aug 20, 2007 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Based on what you've stated so far:

    1. It's possible to request a full refund. And it's also possible the host might or
    might not give any at all depending on the terms of your contract.

    2. Unless the two jurisidctions in question have some kind of agreements how
    to handle this exact situation, it'll be difficult and even costly to file an action
    under your country's laws and trying to enforce it overseas.

    OTOH, have you tried contacting netfirms and requesting even just a partial
    refund for any unused term if you really don't want to do anything more with
    them? While I understand the desire to get a full refund because of what has
    happened here, service providers do pay costs to offer that service to begin
    with.

    I also understand people generally care only about their interests. But so do
    the parties we do business with, so both are more or less even.
     
    Dave Zan, Aug 20, 2007 IP
  3. ablaye

    ablaye Well-Known Member

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    #3
    You probably won't get a full refund because you have been using their service for 2 months.
    Best thing you can do is ask for a refund for the remaining months.
     
    ablaye, Aug 20, 2007 IP
  4. cyanide

    cyanide Peon

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    #4
    I would just tell them you are unsatisfied and would like to request a refund.
    And just see what they say?

    uhh, ps - the site in your sig has been suspended...
     
    cyanide, Aug 20, 2007 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    It's a 404, actually. But that's because there's no extension after the name. :D
     
    Dave Zan, Aug 20, 2007 IP
    cyanide likes this.
  6. the zoo keeper

    the zoo keeper Guest

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    #6
    thanks, will drop them a stern email again.

    Re the signature link, its been down a couple of weeks just keep forgetting to edit it, which i will do now. Thanks for reminding me :)
     
    the zoo keeper, Aug 21, 2007 IP
  7. sawz

    sawz Prominent Member

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    #7
    if they are in Canada, you won't get at thing. this was my experience with a Canadian host. the service i received was about the worse ever and when i complained about it, they canceled my account.

    i would never sign up with a host from Canada for that very reason.
     
    sawz, Aug 21, 2007 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    There are some "good" hosts based in Canada. Generally try to sign up with a
    host that's in your jurisdiction or take your chances with one outside.

    I've signed up with a few US-based hosts despite my living in Asia. It's smooth
    sailing so far. (knock on wood...)
     
    Dave Zan, Aug 21, 2007 IP
  9. cyanide

    cyanide Peon

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    #9
    Nice catch... and nice info above - repped


    Easy now.... let's not generalize.

    There's bad hosts no matter what country.
    We're based in Canada and with a minuscule attrition rate to boot :)
     
    cyanide, Aug 21, 2007 IP
  10. sawz

    sawz Prominent Member

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    #10
    this was just my personal opinion based on what has happened to me in the past. i am sure there are quite a few good hosts that hail from Canada, eh :D
     
    sawz, Aug 21, 2007 IP
  11. cyanide

    cyanide Peon

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    #11
    I can understand that,


    ya hoser :D :eek:


    eh
     
    cyanide, Aug 21, 2007 IP