im not sure if this is really a legal issue, i guess it could be if i wanted to pursue it. Anyways i signed up for a dreamhost account, and paid via paypal. They flash a huge "no refunds if you pay via paypal" on their TOS, but here is were the problem is. They guarantee that it only takes one business day for them to set the new accounts up, and i waited that and still nothing. So i started dispute via paypal, to get my money back. I paid only because they said it'd take up to 1 day for the account to be created, and they didnt keep their word. So i went with another host, which set up my account within 30 or less minutes after being paid. The TOS should only apply if i actually received service from them, and i received NONE AT ALL which is the problem. Since i created the dispute via paypal, Dreamhost sent me a mail talking about charging me for the already paid price, along with a $50 chargeback (even though they never gave me anything back, and again i only opened the dispute because i didn't get what i paid for). I thought that was hilarious, but sad at the same time. Since i didn't get what i paid for, or really anything at all, and had to go with another host instead (which i had to pay even more for) should i get my money back? Or should their no refund policy stand?
Their (DreamHost) policy (TOS) can not override paypals TOS/Policies concerning this matter. It's like a by-law overriding a constitutional right if you want to put it into perspective - you can't opt-out another organizations policy. Highly unethical. Your claim and arguement should follow - service was not rendered, therefore you should be refunded, regardless of their 'no refund policy' due to you not recieving any service. Represent your claim carefully to paypal's dispute department. You may also want to look into statelaw where dreamhost is located for consumer protection. Cheers,
Frankly it sounds to me that you are impatient and tried to take the easy way out. The correct thing to do would have been to contact Dreamhost and request a refund and if they didn't refund your money within 5 business days, you can file a dispute - What you did was just dumb considering you will probably lose the dispute
They said it'd take a day, i waited a day and nothing. Even created a ticket without a single reply in hours. When you have a business doing websites, and a host says it'll take a certain amount of time to get your account set up, and they don't do it within the time they promised... then you must go else where unless you want to wait longer and keep your sites down for an uncertain amount of time. but i dunno Dreamhost doesnt really have good Pr with this sort of thing. thanks to your replies.
Zebulon is correct, that does not override PayPal's TOS. And they can't just rip $50 out of your PayPal account. So you will get your money back
Except you will lose.. PayPal does not refund or cover "services" or "virtual products" with the TOS and buyer protection.. Been there, done that.. Sucks but it's what they will tell you after "investigating" it for a month.. Now, if you used a CC through PayPal you can dispute the charge with your CC company and they will take the money from PayPal and then PayPal will cancel your account per their TOS and you "may" get any money you had in there at some future date.. I hate PayPal..
Dealing with paypal is a pain in the ass at times, however, I have been rewarded many disputes with virtual products and services. Since I sell intellectual property and virtual products, as many of you who do this as well know that, as soon as the product is downloaded or etc, the buyer then disputes the charge. Happens so often. I often call paypal via skype and yell at them for a good hour and they either cover my charges or cancel the fraudster's account. Hint: Paypal's base of operations is in CA. Look into their state laws governing mischief of data Knowing what counts usually results in your favour. Good luck, PS. just looking out for the little guys like me
I think this dispute lasts 7 days and without a reply from dreamhost, i'd get my money back correct? Or? they havent replied yet, i dunno why. But that 7 days is almost up. to be honest, its not about the money. It's about the principal of the matter.
If there is no reply you're right you will win. That has happened to me before with a digital product and with physical products. I do think that dreamhost will respond though especially since they are trying to get an additional $50.00 out of you. As mentioned Paypal can be kind of a pain and if possible you might even want to give them a call if you get seriously concerned. Also maybe try to contact Dreamhost about the situation. I personally use Dreamhost now and have used them for years and never had an issue setting up an account. It certainly didn't take 1 day for my accounts to go live so considering the delay they should be reasonable. Yes their website SCREAMS that they will never, ever, refund Paypal but in the end Paypal will decide that and they should be more willing to work things out since all you wanted was an account.