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Chicago VPS refund issue, didn't read ToS - Page 2
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Chicago VPS refund issue, didn't read ToS

2

Comments

  • @rchurch said:
    although it may cost them nothing to issue a full or partial refund

    PayPal actually keeps some of their fee instead of refunding the provider, so it does cost them to refund.

  • @rchurch said:
    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.

    Sorry, thought you were the OP ;-)

    It's not a much ganging up in their favor as just stating the facts. Whether this inspires confidence in CVPS doesn't matter to me personally. I just think the OP is in the wrong here and is only trying to do damage to CVPS because he is wrong. I really hate it when people do that.

    What would a service provider need to be sympathetic of? The fact that the OP didn't read the ToS or the part where he wants a refund without much reason to ask one?

    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.

    ToS === ToS. There's no arguing there. Like it or not. Whether it's Wall Street or a hosting providers. Businesses have terms to protect themselves and the customer. You shouldn't blame them for sticking to them.

    Like I said before, I would have personally refunded (pro-rated, minus payment fees). But it's CVPS' right not to.

    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.

    Many retailers give gift cards these days rather than a refund (even though I believe that's not allowed for physical stores in the EU).

    Most importantly, you seemed to have ignored the most important thing I said. Nobody forced the OP 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. Before we should even talk about the details of the ToS and everything, the big question is: why pick up an annual plan and change your mind a few days later and for what reason?

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

    So you think their ToS is ambiguous to people whose native language isn't English, and worded in a way that a non-English speaking person wouldn't comprehend?

    You seem to have been able to understand quite fine the part that says "we won't issue a refund if the service is working fine."

    This whole bitching/thread just has buyer's remorse written all over it. You bought the service for a year, decided you didn't like it and now you're mad because they won't give your money back - because they don't have to. They offered to issue a refund as credit, which is all they should rightfully do.

    Thanked by 3mpkossen netomx jcaleb
  • PatsPats Member
    edited July 2013

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

    Next time point the ambiguity to us before signup, so that anyone here can clarify.
    Though i don't see much ambiguity - 'case by case basis'

    ur case - No issues = Account credit

    xyz's case - vps down for 2days = refund to paypal

    After the VPS is Setup, i should not expect the provider will refund - if there is no issue with his service.
    If i were u, i'll try to sell it here for few bucks less..

  • perennateperennate Member, Host Rep
    edited July 2013

    The ambiguity is that, in the case that ChicagoVPS does deem a refund to be appropriate (which they did for OP), who determines whether the refund should be applied as credit or as Paypal refund?

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

    Here, the "or" could be read as implying the person being refunded can choose the refund method. I think it's clearly in ChicagoVPS' interest to resolve this ambiguity, regardless of the current situation.

    That said, obviously they didn't have to deem our refund as appropriate, because it wasn't (you shouldn't have bought the VPS if you didn't want it). And refund as account credit is better than no refund at all.

  • jcalebjcaleb Member

    there have been many threads like this about cvps. they dont refund money. the best they can do is refund via credits

  • PatsPats Member

    @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.

    nah.. this is first time i suppose i have spoken in favour of CVPS..

  • ZettaZetta Member
    edited July 2013

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

    So basically you are trying to say that it's their fault they didn't write their English ToS for non-English customers.

    I also find it funny you complain about their ambiguity when you say to us that you cancelled the server for "some reason".

  • jarjar Patron Provider, Top Host, Veteran

    Yeah... gonna have to side with CVPS on this one. You can't fix stupid.

    Thanked by 1mpkossen
  • If there were to be a (proper and non-broken) Chinese translation of ToSes for companies these problems might not exist as much. Also if there were a GOOD translator for English <--> Chinese.

  • whirlwhirl Member

    @Zetta said:
    I also find it funny you complain about their ambiguity when you say to us that you cancelled the server for "some reason".

    Hello ,Some reason is not good speed in my area ,I have mention in the ticket .
    I didnt want to talk it any more to waste of time .I will keep the service and have told to chicagoVPS .

  • jcalebjcaleb Member

    You can test speed using test ip.

  • PatsPats Member

    @whirl said:
    Some reason is not good speed in my area

    next time always check - ping the test IPs, looks for extensive tests if s'one has done in the offer thread (or you can also see serverbear reports)

    i mostly follow this with preference to east-coast (good speed for Asialand)

  • @whirl said:
    Hello ,Some reason is not good speed in my area ,I have mention in the ticket . I didnt > want to talk it any more to waste of time .I will keep the service and have told to
    chicagoVPS .

    You can always move your server to a different location closer to you and CVPS will be happy to do that. Am not sure if they have Xen in all their locations though...

  • perennateperennate Member, Host Rep
    edited July 2013

    @Magiobiwan said:
    If there were to be a (proper and non-broken) Chinese translation of ToSes for companies these problems might not exist as much. Also if there were a GOOD translator for English <--> Chinese.

    You're missing the point entirely. He never complained that he couldn't read the terms of service. He complained that the point about who decides the refund method in the terms of service is ambiguous. Which it is. The complaint is invalid because ChicagoVPS never had to offer a refund in the first place; still, ChicagoVPS, for their own sake, should correct the ambiguity if they care (I mean come on, it takes five seconds...).

    Edit: by "missing the point entirely", I just mean everyone's talking about speaking languages other than English even though that is irrelevant to this thread.

  • jakejake Member

    image

    LOL. Sorry, sorry. Felt that was necessary, heard the word "ambiguity" a million times in this thread.

    Thanked by 2zfedora Zetta
  • perennateperennate Member, Host Rep
    edited July 2013

    But the only reason he is able to complain about some ambiguity is because he read the ToS.

    Anyway it's a dumb complaint, but it takes ChicagoVPS a minute to fix (move a few words around or just add a sentence after the quoted one), so why not?

  • @perennate said:
    But the only reason he is able to complain about some ambiguity is because he read the ToS.

    Anyway it's a dumb complaint, but it takes ChicagoVPS a minute to fix (move a few words around or just add a sentence after the quoted one), so why not?

    Except that there is nothing wrong with his service, from the CVPS side of things - meaning that the refund clause isn't even valid because THE SERVICE IS WORKING PROPERLY.

    Speeds between CVPS and himself are not the fault of CVPS, and they aren't liable for them, meaning that it's not valid for a refund.

    Thanked by 1mpkossen
  • perennateperennate Member, Host Rep

    @MrObvious said:
    Except that there is nothing wrong with his service, from the CVPS side of things - meaning that the refund clause isn't even valid because THE SERVICE IS WORKING PROPERLY.

    I already said, that part of the complaint doesn't make sense. But the ambiguity does exist and ChicagoVPS might as well fix it.

  • netomxnetomx Moderator, Veteran

    What's the ambiguity? I can't fond such.

  • Title says it all.

    Thanked by 3Zetta lycide Hassan
  • TsumeTsume Member

    If it's only been one day, I don't see any reason not to just cancel his purchase and give him a refund. Even with paypal refunds. I don't know how anyone else's accounts work, but with all the ones I have, I pay back my portion and paypal pays back it's fees. No money is lost on either side. Sure you lost a sale, but you didn't lose any money. I'd be somewhat upset also, but then again I always read the ToS, and if the refund policy is vague I stay clear.

    From a neutral standpoint. Both sides are pretty much at fault.

    If it was a large sum of money, simply put in a charge back request through your credit card company(though I don't they'd honor it giving the circumstances), if not, just cut your losses, mark down to never use their service again and move on with your life.

  • xsetxset Member

    @netomx credit account or paypal

  • @Tsume said:
    If it was a large sum of money, simply put in a charge back request through your credit card company(though I don't they'd honor it giving the circumstances)

    I dont think the credit card company will honour it at all, given the TOS.

  • TsumeTsume Member

    Yea, that was what I was saying. But some credit card companies don't care. I've seen some do a full charge back with no evidence of fraud what so ever.

  • netomxnetomx Moderator, Veteran

    @xset said:
    netomx credit account or paypal

    but it is pretty clear. they will determine that.

    @Tsume said:
    Yea, that was what I was saying. But some credit card companies don't care. I've seen some do a full charge back with no evidence of fraud what so ever.

    sadly, this is true

  • CVPS_ChrisCVPS_Chris Member, Patron Provider
    edited July 2013

    Just wanted to make a quick reply to everyone and @perennate

    This portion of the ToS has to have some type of ambiguity because of the many reason there are for a refund. It would be a pretty long list if I had to write out each possible reason in list form that would be entitled to a refund or not. This is very common in web hosting and I see nothing wrong with it.

    We are very fair when it comes to refunds, and actually do refund if we are at fault. I have no need to steal someones money when we cannot provide or fix the service. However, as the OP said the service is 100% working. I think the case is closed here and once again we are just going in the same LEB circle with everyone voicing opinion ( most of which is pro CVPS ).

    Thanked by 2jcaleb mpkossen
  • jarjar Patron Provider, Top Host, Veteran
    edited July 2013

    @CVPS_Chris said:
    Just wanted to make a quick reply to everyone and perennate

    This portion of the ToS has to have some type of ambiguity because of the many reason there are for a refund. It would be a pretty long list if I had to write out each possible reason in list form that would be entitled to a refund or not. This is very common in web hosting and I see nothing wrong with it.

    Not to mention you can't be expected to think of every conceivable reason not just for today, but for tomorrow. You can't be changing your policy to add in a new thing that someone found a way around every week, it's irresponsible to your clients. Your policy should be clear in intent and reasoning so that one could draw a line using logic, but not so literal that you beg people to find a reason for you to alter it weekly. This is standard practice in not just this industry.

    Now, whether I would or would not have given a refund to this client is irrelevant, because I'll run my business my way and others will run theirs their way. The client has the right to choose preference on that matter. CVPS was in the right here, end of story. It's got nothing to do with being a provider, it's about a basic understanding of business and a responsibility to provide stable and consistent policies for your clients.

    Thanked by 1mpkossen
  • Just add the money to his CVPS account, just for moral.

  • @DestroyeRCo said:
    Just add the money to his CVPS account, just for moral.

    That's what Chris wanted to do initially

This discussion has been closed.