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Chicago VPS refund issue, didn't read ToS
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Chicago VPS refund issue, didn't read ToS

whirlwhirl Member
edited July 2013 in Reviews

I have purchase the KVM SSD Cached 1.5 GB yearly with 72USD on July 25th.Due to some reason ,I have request cancellation at July 26th .
Chris reply me that they can only refund to account credit.
But I have checked their TOS about refund:
1.7 Refunds
1.7.1 Refunds are subject to approval by ChicagoVPS on a case by case basis. If a refund is deemed appropriate, then ChicagoVPS will credit your account or refund through PayPal.

So I declare again I want to refund to paypal account .I have get their reply to say they do not allow refunds if the service works.

I think this will make customers feel unhappy becaused of there TOS is ambiguity.
And they should update the TOS to avoid the ambiguity.

Also, you guys should think about it when you want to by chicagoVPS.


This topic is just an complaint,and due to your reply ,I know there are some mis-understand
in my side .
I didnt want to talk it any more to waste of time .
I will keep the service and have told to chicagoVPS .

«13

Comments

  • CVPS_ChrisCVPS_Chris Member, Patron Provider
    edited July 2013

    What he fails to understand is that there is nothing wrong with the service and it states that we do not refund unless deemed appropriate.

    Thanked by 2mpkossen Epidrive
  • asterisk14asterisk14 Member
    edited July 2013

    @whirl - Why do you want to cancel the service?

    Many hosts give account credit unless the service totally does not work for you, although previously Chris wrote that he 'usually gives a refund and gets the customer out of the door ASAP' (see easevps refund thread), so I suspect if you had had a £12/yr VPS then you would have got a refund, but I suppose this is $72, so no refunds! Suppose you could sell it but you'll take a hit!

  • Some hosts offer a money-back guarantee, and some don't. In the latter case, your best chance is probably to reason it out with the provider. You did voluntarily enter the contract, probably to take advantage of a good price, so the host isn't at fault unless there's a serious problem from their end. If you can't get the cash back, I guess you could get creative and think up ways to use all that account credit.

  • whirlwhirl Member

    @CVPS_Chris said:
    What he fails to understand is that there is nothing wrong with the service and it states that we do not refund unless deemed appropriate.

    Maybe you have different understand of the refund part ,but the wording is likely to lead to ambiguity. Refund to account credit is useless and artful.

  • asterisk14asterisk14 Member
    edited July 2013

    Refunds are subject to approval by ChicagoVPS on a case by case basis.

    If a refund is deemed appropriate, then ChicagoVPS will credit your account or refund through PayPal.

    You should have read their TOS more carefully. If you had read it carefully, you would have realised that you may not even get a refund at all. The service works, you just changed your mind/saw a better deal elsewhere, whatever. It is not their fault.

    Thanked by 1mpkossen
  • zfedorazfedora Member
    edited July 2013

    Most TOS have to be ambiguous to an extent. Not every case is the same. A lot of if's and but's.

  • whirlwhirl Member

    @asterisk14 said:
    Refunds are subject to approval by ChicagoVPS on a case by case basis.

    If a refund is deemed appropriate, then ChicagoVPS will credit your account or refund through PayPal.

    You should have read their TOS more carefully. If you had read it carefully, you would have realised that you may not even get a refund at all. The service works, you just changed your mind/saw a better deal elsewhere, whatever. It is not their fault.

    The probleam is they have agree refund ,but they only agree refund to account credit .
    Then they told me they didnt agree to refund due to service is work fine .

    mismatch of their twice reply .
    This is the probleam .

    If they didnt allow refund to my paypal account ,I can only holder this VPS ,hop they will not obstruct my usage .

  • You should have read their TOS more carefully.

    The words "more carefully" assume that the average online buyer even glances at the TOS before making a purchase. They don't. :P

    Thanked by 1Droidzone
  • asterisk14asterisk14 Member
    edited July 2013

    @DomainBop - I'm not defending the host but when people sign up to a contract which this is, they should read the terms of the contract. Usually it's only small change so many don't, but if they don't then that's their own fault.

  • jakejake Member

    Consider yourself lucky that CVPS was nice enough to even extend a form of refund to you (account credit), you're not gaining sympathy from anyone here if that is what you are looking for. I'm not defending the host either, but what @asterisk14 said is true, you voluntarily agreed to the contract (TOS).

  • upfreakupfreak Member
    edited July 2013
    • snip- All is good now. Thanks Chris
  • I guess it is a gray area when you say refund based on the host. For clients it's hard to tell. Guess it's best to read the TOS and if money back no questions asked is what you need then look for it.

  • ATHKATHK Member

    Must of found a better deal with Virpus?

    http://lowendtalk.com/discussion/12290/virpus-down#latest

  • jcalebjcaleb Member

    it is common knowledge cvps does not refund when vps is working

  • MaouniqueMaounique Host Rep, Veteran

    @jcaleb said:
    cvps does not refund when vps is working

    And they are right to do so. Provisioning a server, paypal fees, some support, etc, are not free and the host is not at fault the customer didnt choose the right product/company.

    We do refund sometimes, if the customer is giving a valid reason, like his app is not working on OVZ, ping too big (even though we provide test IPs), things like those, but only if they are asking in the first few days.

    We always credit the account, though, even if the customer does not provide a valid reason, as long as we do not lose paypal fees or anything, it is acceptable to credit the account.

    The real problem is with people with subscriptions which pay manually too and they ask to be refunded saying we charged them twice. I started to ask for a small fee to stop this practice, like 1 Eur for the trouble+paypal fees. It works miracles.

  • He asked the refund less than 2 days after ordering and paying for a year. If Chris wants to inspire confidence he should simply issue the refund and stop the quibbling. If it is a good service there will be takers for it (like prometeus for instance) and there is no need for this negative publicity.
    Even if the customer changed his mind for non-performance reasons there is no good reason to withhold. It is just good business sense.

  • awsonawson Member

    Where does it say there that YOU get to choose between credit/PayPal? It's up to ChicagoVPS if they want to refund you or not, and how they refund you.

    @rchurch said:
    If Chris wants to inspire confidence he should simply issue the refund and stop the quibbling.

    Why, because some child can't read the ToS? "waaaaaah cvps won't refund me I'll post on LET to give them bad publicity :((("

  • @rchurch said:
    He asked the refund less than 2 days after ordering and paying for a year. If Chris wants to inspire confidence he should simply issue the refund and stop the quibbling. If it is a good service there will be takers for it (like prometeus for instance) and there is no need for this negative publicity.
    Even if the customer changed his mind for non-performance reasons there is no good reason to withhold. It is just good business sense.

    Of course, he could do that. Maybe minus the amount of payment fees, etc. But then again, it's in his policy that it's completely up to them. It's not against the law. He has every right to deny a refund.

  • jcalebjcaleb Member

    but its their policy. it is well known. thats why need be careful before sign up if this policy is okay with you

  • whirlwhirl Member

    @awson said:
    Where does it say there that YOU get to choose between credit/PayPal? It's up to ChicagoVPS if they want to refund you or not, and how they refund you.

    Why, because some child can't read the ToS? "waaaaaah cvps won't refund me I'll post on LET to give them bad publicity :((("

    I just desc these facts.And I think the TOS is ambiguity for who's native language is not english .

  • jcalebjcaleb Member

    better to try first month to month, and only sign up yearly on host you really love

  • @jcaleb said:
    but its their policy. it is well known. thats why need be careful before sign up if this policy is okay with you

    @mpkossen said:
    Of course, he could do that. Maybe minus the amount of payment fees, etc. But then again, it's in his policy that it's completely up to them. It's not against the law. He has every right to deny a refund.

    How many people read Terms Of Service to completion or even bother to read it all? Hint - only lawyers and those operating win grey areas.

    As I said it is about inspiring confidence, not legalities. After all the repeated ChicagoVPS drama if they would rather hang on to someone's money rather than return it (even with charges deducted) it raises the question whether they are so strapped for cash that they will put up with this bad publicity even if have the TOS in their favour. Their reputation has suffered a great deal over the last year or so and none of this bad publicity helps.

  • jcalebjcaleb Member

    @rchurch said:
    As I said it is about inspiring confidence, not legalities. After all the repeated ChicagoVPS drama if they would rather hang on to someone's money rather than return it (even with charges deducted) it raises the question whether they are so strapped for cash that they will put up with this bad publicity even if have the TOS in their favour. Their reputation has suffered a great deal over the last year or so and none of this bad publicity helps.

    you have to do your research. you have to read. otherwise, you loose your right to complain about something you agreed to in the check box.

  • @rchurch said:
    As I said it is about inspiring confidence, not legalities. After all the repeated ChicagoVPS drama if they would rather hang on to someone's money rather than return it (even with charges deducted) it raises the question whether they are so strapped for cash that they will put up with this bad publicity even if have the TOS in their favour. Their reputation has suffered a great deal over the last year or so and none of this bad publicity helps.

    It's LET. price > *

    Just look at the OVH thread.

  • I can understand the sympathy for ChicagoVPS in this thread as a number of the posters here are service providers or are involved in in the industry in one way or the other.

    I am looking at from the customers perspective on one hand, and from a PR perspective as though I am the company CEO. Many industries even have a cooling off period when a buyer has the right to change his mind. Even some providers offer a pro-rated refund when a cancellation is made sometime into a yearly payment period. He requested cancellation less within a day of payment, less than 1% of the resources ordered. I say let him have his money back.

    The LEB depends to be based on good automation and ChicagoVPS has been round long enough to get that aspect of their business right. They may be busy processing orders but someone needs to make the time to see this guy off peacefully, if not now within a few weeks at most.

  • jcalebjcaleb Member

    The service works, it was not contested. Not sure why he wants to cancel

  • When I'm having subscription with BuyVM and Prometeus, if I cancelled my vps, I always received a credit even I don't asked for it.

    They're very generous, and that's why I will always stay with them.

  • @rchurch said:
    How many people read Terms Of Service to completion or even bother to read it all? Hint - only lawyers and those operating win grey areas.

    I do and you should as well. This is not an excuse. It shows ignorance. You didn't read the ToS and now you're going to have to feel the pain of it.

    Instead of creating this thread and making everything worse, you could have asked them a partial refund, say $65 or $60. Maybe they would have given you that. I doubt they will now.

    @rchurch said:
    I can understand the sympathy for ChicagoVPS in this thread as a number of the posters here are service providers or are involved in in the industry in one way or the other.

    I am looking at from the customers perspective on one hand, and from a PR perspective as though I am the company CEO. Many industries even have a cooling off period when a buyer has the right to change his mind. Even some providers offer a pro-rated refund when a cancellation is made sometime into a yearly payment period. He requested cancellation less within a day of payment, less than 1% of the resources ordered. I say let him have his money back.

    The LEB depends to be based on good automation and ChicagoVPS has been round long enough to get that aspect of their business right. They may be busy processing orders but someone needs to make the time to see this guy off peacefully, if not now within a few weeks at most.

    In the EU there is a cooling off period for products and certain services. I don't think the US has such a thing. I agree that it would be customer-friendly, but there's another side as well.

    CVPS has been around long enough to also know spammers, abusers and people like you who prepay for a year for a perfectly fine server and then want to cancel. It costs them time and money. Seriously, you could have tried the service for a month first by just picking up an annual plan.

    Nobody forced you to pick up a $72 annual plan, not read the ToS and cancel a couple of days after even though the server is perfectly fine.

  • rchurchrchurch Member
    edited July 2013

    @mpkossen said:
    I do and you should as well. This is not an excuse. It shows ignorance. You didn't read the ToS and now you're going to have to feel the pain of it.

    Instead of creating this thread and making everything worse, you could have asked them a partial refund, say $65 or $60. Maybe they would have given you that. I doubt they will now.

    I am not the OP only speaking in his favour. Of course I don't know the full facts of the case and I have also mentioned that a partial refund could be made. If the OP hasn't abused the service then this just doesn't inspire confidence in me towards ChicagoVPS nor what seems to me as ganging up here in their favour. There could be at least one sympathetic service provider here.

    TOS notwithstanding the real issue is whether service provider is retaining money for a service that actually cost or is costing them a significant money to provide even though it may be unused, or retaining the money simply because the customer entered into an agreement although it may cost them nothing to issue a full or partial refund and reallocate the services to an other desirous customer. It is about whether service providers are inclined to act in legalistic and contractual terms more typical of Wall Street and so called 'investors/speculators' rather in the moral terms understood by the common man and the shop owner.

    Even Marks & Spencer will accept a piece of clothing if it shows no sign of having been worn even though the person returning them could be lying. What more a VPS which could easily be allocated to another customer.

  • @rchurch said:
    Even Marks & Spencer will accept a piece of clothing if it shows no sign of having been worn even though the person returning them could be lying.

    They (M&S) do not legally have to offer a refund just because you changed your mind, unless there is a defect, they offer a full refund to maintain customer goodwill. SportsDirect on the other hand, I discovered to my cost, DO NOT give refunds and always offer a credit note and for that reason I try not to buy anything from there unless I am sure I want it.

    I feel for the OP, it's a crap situation to be in, with your money stuck with a host that you may/don't want to use. I suggested the solution to him earlier, just try to offload your credit to someone else and be prepared to take a hit or ask CVPS if they will refund minus paypal fees/pro rata use.

This discussion has been closed.