Ripped off by Webhost - how best to proceed?

Discussion in 'Legal Issues' started by Alan|AzH, Feb 22, 2009.

  1. #1
    I purchased webhosting from Implihosting on the 8th of February and I feel totally dissatisfied with the service. I would like some advice on how to proceed.

    Just to outline the issues I faced.

    • Purchased hosting on 8th February @ £59.98.
    • Suffered server crash and total loss of data on the 16th February.
    • No backups of any sort kept by host so lost 9 days worth of data.
    • Suffered down time of 3 days before I could move my sites elsewhere and get them working again. Lost income as a result of this.
    • Requested refund as states on HOMEPAGE - "Buy web hosting risk-free with our offer a 14 day money back guarantee."
    • was told that VPS has only 24 hour MBG so no refund would be offered.
    • Requested server to be restored as I have paid for it's use and no refund has been offered.
    • Was told that I "requested cancellation" although I never made any official request to cancel.
    • Server still not online after a week of downtime.

    So yeah. That sums it up nicely, I guess. I finally got moved to another webhost and my sites are now working again with reliable webhosting.

    This is not a 'revenge' issue, I feel that I have been ripped off and as a consumer that is unacceptable. I have considered getting legal advice but want to know what DP thinks before I proceed.

    Am I wasting my time? Or do I have a case?

    Thanks.
     
    Alan|AzH, Feb 22, 2009 IP
  2. NewUser2000

    NewUser2000 Peon

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    #2
    Check with your credit card company or paypal (if used). They may be able to resolve that issue
     
    NewUser2000, Feb 22, 2009 IP
  3. dennyjames

    dennyjames Peon

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    #3
    You may well have a case, try as above says and good luck with it, sounds like they screwed you over!
     
    dennyjames, Feb 22, 2009 IP
  4. Alan|AzH

    Alan|AzH Active Member

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    #4
    I looked at the paypal dispute pages but there is nothing that fits this category.
     
    Alan|AzH, Feb 22, 2009 IP
  5. Alan|AzH

    Alan|AzH Active Member

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    #5
    Alan|AzH, Feb 22, 2009 IP
  6. RWHost

    RWHost Active Member

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    #6
    Alan, I was talking to you on MSN around 45minutes back. Since then i had offered you a FULL 1 Month free and yourself you seemed well. But from what i see your just making threads, threads and threads. If you'd like somthing why not talk to me so we can work this out. Making threads and threads wont really help.

    I am waiting for your call on MSN..

    Sam - ImpliHosting
     
    RWHost, Feb 22, 2009 IP
  7. AmpedHosts

    AmpedHosts Active Member

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    #7
    If all else fails, I mean I wouldn't recommend this normally but tell them that you will be subject to write testimonials or reviews on other websites and if you're not satisfied with the service you got, then they will be negative reviews.

    That will usually incline the owner or individual to perhaps appeal and maybe refund you. Because no webhost likes seeing negative reviews and they have nothing to lose if they refund you..

    Good luck.
    Also RWHost, I think its funny how you wouldn't accept his request for refund when you were 1 on 1 but now that he's went public about it, you seam to do something about it

    Regards,
    Alex
     
    AmpedHosts, Feb 22, 2009 IP
  8. Danielregwan

    Danielregwan Well-Known Member

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    #8
    sorry but this is ridiculous - refund the poor guy, you are only making yourself look bad.
     
    Danielregwan, Feb 22, 2009 IP
  9. RWHost

    RWHost Active Member

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    #9
    Hello there,

    To get this matter resolved i have talked to everyone in my team to actually find out the right truth. ImpliHosting solutions are in no way wrong here. Firstly server issues such as hardware failures can occur at any time and it's common, Sadly it was hit to us before we knew it.

    As our TOS and some great members have seen also here we do not take BACKUP whatsoever and as it states in our TOS this is your responsibility at all times. You MUST read what the TOS states before signing up. Nevertheless, we did try to resolve the issue and our staff were working extra hours and extra hard (Sam was online until around 4am I believe) trying to resolve the problem and get your site back online as soon as possible. But it also doesn’t help when at the same time we receive multiple phone calls from you including threats and you swearing at our team when we are actually doing our very best to help you.. The Server you had been placed on had no RAID and which we added later on. We now do take DAILY backups after the mishap which happened a few days back in order to make sure something like this never happens again.

    You have been e-mailing us daily about a refund [We do not provide refunds after 24hours] On the last day you had a chat with Sam, You told him about a cancellation which was set into the billing system. We are very sorry about the experience you had with us, but I just want to mention we did our very best to help you in every way we could.

    We also told him on that exact day for giving him 2months free of VPS. But sadly his decision was diffrent. Today i even said the same thing.. But he did not reply back. Now you tell me how are we in the wrong?

    Thanks
     
    RWHost, Feb 22, 2009 IP
  10. tobycoke

    tobycoke Well-Known Member

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    #10
    The key is that they said you'd have RAID 10 Protection but didn't (see WHT thread). They lied and you didn't get what you paid for. That should void any 24 hour refund restriction in the TOS. It's not worth paying a lawyer over £60. Hopefully the bad publicity will get you your refund. Otherwise it's small claims court. Are you both in the UK?
     
    tobycoke, Feb 22, 2009 IP
  11. WebDev Solutions

    WebDev Solutions Well-Known Member

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    #11
    Alan,

    Did you pay using Paypal funds, or directly from your CC? If it's the latter, simply contact your credit card company and file a chargeback. Chargebacks prove 99% successful with online transactions, and with what you have said here in your first post, I would consider it a certainty.
     
    WebDev Solutions, Feb 22, 2009 IP
  12. Alan|AzH

    Alan|AzH Active Member

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    #12
    I paid Implihosting using paypal, and i checked the resolution centre and there is nothing that seems to match this case, but I shall have another look as it seems I have been misold my hosting (Raid10 issue). I think that's a solid case for a dispute.

    I'll also investigate the small claims issue. I can use this thread, and the one from WHT as evidence. My understanding is that Implihosting - when they lose the case - will have to pay any associated costs.

    To Implihosting, if you read this, a refund would make this all go away. Offering me 'free hosting' or any other compensation is too little too late, and you only appear to be taking the issue seriously now that I have gone public.

    I'll be sure to keep this thread updated with my progress.

    Current progress: No refund.

    EDIT: http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm <--- seems a good route to go down.
     
    Alan|AzH, Feb 23, 2009 IP
  13. RWHost

    RWHost Active Member

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    #13
    If you can call me over my phone [In your PM] We can get a refund worked over.

    Thanks
     
    RWHost, Feb 23, 2009 IP
  14. Alan|AzH

    Alan|AzH Active Member

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    #14
    Sam.

    You have my request for a refund and you have my paypal email address, admin[at]left4deadforums.com (in case you lost it). I don't see what there is else to discuss at this time.

    When you have completed the full refund of what I paid I will post in this thread and in this one to confirm it has been completed and that Implihosting has acted honestly and with decency in the face of the circumstances of this case.

    Once that has been completed I will consider the matter closed, will take no further action, and Implihosting can come out of this with dignity knowing they put right what was wrong.

    At this time, with all the evidence arrayed in front of us, and several witnesses to the case both here and at WHT, a full refund is all I am prepared to accept.

    Once I have confirmation of the refund in my Paypal account I will ensure it is made known here and at WHT.
     
    Alan|AzH, Feb 23, 2009 IP
  15. RWHost

    RWHost Active Member

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    #15
    A full refund would be made without the cpanel/whm License.

    I am gonig ahead doing this for you.
     
    RWHost, Feb 23, 2009 IP
  16. Alan|AzH

    Alan|AzH Active Member

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    #16
    That's good enough for me. Thanks. Will confirm when complete.
     
    Alan|AzH, Feb 23, 2009 IP
  17. RWHost

    RWHost Active Member

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    #17
    A £49.99 Refund has been made. Anything further than this please open a ticket.

    Alan, If you need further help you know where to find us!

    Have a nice evening, And all the best to you.

    Sam - ImpliHosting Solutions
     
    RWHost, Feb 23, 2009 IP
  18. Alan|AzH

    Alan|AzH Active Member

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    #18
    Pleased to confirm refund was made. Happy with the actions of Implihosting in closing this matter. Thank you.
     
    Alan|AzH, Feb 23, 2009 IP
  19. RWHost

    RWHost Active Member

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    #19
    I guess your welcome :eek:
     
    RWHost, Feb 23, 2009 IP