GreyWing

Just after a bit of advice guys,

I recently took out a heart dedicated server and was impressed by it's speed, however I had a few technical issues with it (my fault probably not their's) it wouldn't write to config files for some reason.

So I decided to give notice on it.

However just got a reply that I'm signed up for a 12 month contract, however when I took out the hosting I checked that I had a 30 days cooling off period.

This is what it said "Heart Internet provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://customer.heartinternet.co.uk/manage/ within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once."

When I quoted them this they wrote back and quoted this "30 DEDICATED SERVERS [New 05/09/08]

All dedicated servers are subject to a twelve month contract. Once the initial 12 month contract has expired dedicated servers can be cancelled with 72 hours notice. Dedicated servers are excluded from the 30day money back guarantee."

However this was right at the bottom and completely seperate from the clause regarding 30 days notice section, half a page away. Plus the window you get to view the terms and conditions is on 20 lines tall.

My point is that the terms "Heart Internet provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://customer.heartinternet.co.uk/manage/ within 30 days of placing your order for a full refund. This guarantee excludes domain names which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once."

This gives the impression that everything else is included!

Anyone think I'm being unreasonable in how I interpruted the conditions, just wondering if they went to court would I have a good case?

Cheers GW

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rob

Did you sign up before the 5th of Sept?

I just asked a vague question on the live chat and they did say:
There's aren;t any trial periods available and although you can pay monthly, all servers are supplied under a 12 month contract in all cases

Not helpful to you I know.

On the flip side I believe their FAQ's do say you can resell their servers, so you might find someone who could take it on and cushion the cash blow?

GreyWing

Cheers Rob,

Took it out 14 days ago and was happy with the speeds etc, very fast compared to reseller package.

Just thought it was a dodgy the way they worded their contract and that how I found the section regarding the 30 day grace period, which gives exclusions. Then right at the bottom of the page is another part relating to further exclusions. This should have been in the section reelating to the 30 grace period.

I don't think it was best practice in writing a contract, it certainly wasn't clear.

I have said to them that I would write the money off, that it took to set it up if they cancelled the further 11 months but they aren't having that and said £250+ vat to get out of it.

I'm certainly tempted to let this run it's course and let them take me to court on it.

Cheers Graeme

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Jeewhizz

I would call trading standards, and get their opinion!

GreyWing

Good idea mate, I'll drop them a line tomorrow..

Anyone heard of these before they seem pretty reasonable on price,

Tagadab.com

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Jeewhizz

Never heard of them to be honest!

Skinner

isnt there that little rule that says 'fit for purpose' and if as a dedicated server you do not have the full control you should have, then they either provide a solution or you request a 'polite' refund. If they fuck you around you contact you bank and initiate a charge back because the item they sold you is 'not fit for purpose'.

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GreyWing

I sent them a support tickect saying that I would be seeking legal advice and until the outcome of that legal advice would be cancelling my direct debit and withdrawing authorisation for any further payments.

They have now cancelled all my sites and access to those sites. Thing is that their is no payment due to the 16 of December, I paid up front. I have made no actions to breach this contract at this point.

Bo Selection takes over £2500 a week at this point to Chritsmas and they turned it off. That's just one of 19 active sites.

I think we will see you in court fella,

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Skinner

I have had these issues before with a few hosts well over the last 10 years more like 20 hosts but not the point, they sell you the world and deliver a corgi toy.

I assume you have copies of your site and your names are on your own tag ?

Just pick up a cheap multi-host account, change the dns and slam em back up, then take it from there. ITs true your lost earnings can be a factor but in a case which may go no where, its not worth losing any money when you don't have to

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GreyWing

Hi mate,

It's pretty shocking behaviour from them if being honest, from Tim beresford.

All my sites are database driven and they have locked all access to them, so don't know which orders are outstanding, which are paid for etc.....

So I will have to have them all rebuilt, which won't be back online before Christmas.

I gave them to 15:00 today to put them back online, they haven't responded. So I'll sort out my new hosting with tagadab.com and get my sites up and running.

I'll stick in a claim for the maximum under the small claims court, about £5K for loss of earnings and the cost of rebuilding all the sites. It would probably be about £15k if being honest but £5k is the max.

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