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HiFormance deadpooling — BACKUP YOUR DATA NOW! - Page 16
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HiFormance deadpooling — BACKUP YOUR DATA NOW!

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Comments

  • I just received a update (seller message) on my Paypal claims:

    HiFormance has posted a new message regarding this case:

    HiFormance offers a service, the customer agreed to the Terms of Service stating there is no refund prior to making payment. Once a customer orders the service, it is is immediately provided. The service is a virtual good that cannot be shipped.

    • HiFormance, Wednesday, 26 December 2018
    Thanked by 3Aidan h2o Daniel15
  • FranciscoFrancisco Top Host, Host Rep, Veteran

    @rbiut said:
    I just received a update (seller message) on my Paypal claims:

    HiFormance has posted a new message regarding this case:

    HiFormance offers a service, the customer agreed to the Terms of Service stating there is no refund prior to making payment. Once a customer orders the service, it is is immediately provided. The service is a virtual good that cannot be shipped.

    • HiFormance, Wednesday, 26 December 2018

    I guess that's the big announcement. They fully intend to fleece their customers.

    Francisco

    Thanked by 1Aidan
  • HuntersPadHuntersPad Member
    edited December 2018

    Mine still shows "Under Review"

    Was only $10 for "1 Year" but only for about 2 months. Somehow my VPS is still online though.

    Thanked by 1isaacl
  • I always love the "but they agreed to the TOS" argument. Just because it is in the TOS does not mean it is legal or enforceable. If the user bought a 3 year service and you provided a few months of that service and then deadpooled, you have not provided the service that was purchased. Paypal should side with the user for this one.

    Thanked by 4Falzo MasonR eol Daniel15
  • FranciscoFrancisco Top Host, Host Rep, Veteran

    @wtfcook said:
    I always love the "but they agreed to the TOS" argument. Just because it is in the TOS does not mean it is legal or enforceable. If the user bought a 3 year service and you provided a few months of that service and then deadpooled, you have not provided the service that was purchased. Paypal should side with the user for this one.

    I think if enough claims come in then Paypal will take another look into it and favor the buyers, but if it's a random case here/there, they'll likely favor the seller.

    No one would use paypal if every buyer can make a random chargeback claim and win it with impunity.

    This isn't random, this is pure bullshit, but still.

    Francisco

    Thanked by 1Neil-SF
  • @Francisco said:

    I think if enough claims come in then Paypal will take another look into it and favor the buyers, but if it's a random case here/there, they'll likely favor the seller.

    No one would use paypal if every buyer can make a random chargeback claim and win it with impunity.

    This isn't random, this is pure bullshit, but still.

    Francisco

    Yeah, my comment was more in regards to this instance where there should be many paypal disputes. Not in random cases here or there.

  • Mr San Francisco is right, PayPal suck but they still need to have business want to use them. Wait until the chargebacks pile up, they will most likely decide in your favor but I have seen cases where PayPal sides with the seller to avoid them inheriting a debt if the buyer has a negative balance or a bad history etc.

  • IThinkUFailedIThinkUFailed Member
    edited December 2018

    @Francisco said:
    Keep an eye for any insane deals from cc hosts soon. With HIF gone there is 200 nodes spare in CCs inventory that they need to move.

    It happened last time a big reseller left (see game host I think?) And it'll happen again.

    Beware the 3 year deals.

    Francisco

    MegaZoneHosting

    I get Shared hosting is always oversold on disk but come on...

    Thanked by 1Aidan
  • My guess is that it is RAID 0 in reality. How can $54 cover that storage for a year?

    Thanked by 2Aidan eol
  • @rbiut said:
    I just received a update (seller message) on my Paypal claims:

    HiFormance has posted a new message regarding this case:

    HiFormance offers a service, the customer agreed to the Terms of Service stating there is no refund prior to making payment. Once a customer orders the service, it is is immediately provided. The service is a virtual good that cannot be shipped.

    • HiFormance, Wednesday, 26 December 2018

    TL;DR “You waive any legal rights (you thought) you had with us as soon as we cash in your payment(s) and we provide the service(s) regardless of it being unstable, inadequate, down permanently or a plain shitfest”.

  • First-RootFirst-Root Member, Host Rep

    If paypal decides against you it is always a good idea to call them. I had a dispute on paypal (as customer) that was decided against me though it was absolut clear that the seller was acting against law. I gave them a call and explained the case on phone, 5 minutes later the I had my money back.

    Thanked by 4eol t0m Daniel15 sin
  • FranciscoFrancisco Top Host, Host Rep, Veteran

    IThinkUFailed said: I get Shared hosting is always oversold on disk but come on...

    It's just a way to offer 'unlimited storage' and skirt rules. It was really common on WHT when they used to block it. I don't know if LE has such a rule in place.

    Francisco

  • GerritGerrit Member
    edited December 2018

    I doubt whether this is legal, is the Terms of Service not intended to protect both parties (company and consumer)? According to a TOS, a company is obliged to deliver what both parties have agreed. If the company does not comply with the agreement, the consumer has his rights, for example, by recovering the amount paid in full or in part.

    Given the offers that HiFormance had in the past 30 days, we can safely conclude that they wanted to scam a few more people in the last weeks before quiting his business.

    Besides that; How about the Service Level Agreement? According to the SLA HiFormance provided, they are obligated to give a refund in full or in part for the amount of time the service cant be used.

    @Francisco said:
    I think if enough claims come in then Paypal will take another look into it and favor the buyers, but if it's a random case here/there, they'll likely favor the seller.

    Beside the claim at PayPal, I also filed a report at https://www.econsumer.gov/en/#crnt

  • deankdeank Member, Troll

    It's just better to educate consumers rather than trying to weed out scammers.

    But that is not possible.

  • netomxnetomx Moderator, Veteran

    Maine they paid another month of the servers just to screw you guys with PayPal 🤷‍♂️

  • @deank said:
    It's just better to educate consumers rather than trying to weed out scammers.

    True, except... how does a "customer" find out which one are or aren't scamming? Guess there should be some kind of list for the "average" people that are just looking for a cheap VPS or webhost which can be trusted.

    I think it's to easy to just say... companies doing business with CC are bad.

    @netomx said:
    Maine they paid another month of the servers just to screw you guys with PayPal 🤷‍♂️

    Matthew already knew this in advance.

  • deankdeank Member, Troll

    How? For me and others on LET, it's painfully, brutally, easy to spot. There are signs.

    This thread alone points out some obvious signs.

    Vote f0r Fran in 2020.

    Thanked by 1Gerrit
  • Seems like colocrossing is more influencial in the day-to-day of these shitty hosts than you initially thought:

    Screenshotted from LEB.

    Thanked by 1eol
  • Deadpool for everyone!

    Thanked by 1eol
  • FranciscoFrancisco Top Host, Host Rep, Veteran
    edited December 2018

    @teamacc said:
    Seems like colocrossing is more influencial in the day-to-day of these shitty hosts than you initially thought:

    Screenshotted from LEB.

    Like I said, In my opinion there's nothing wrong with them using it as a platform to promote only their own customers. They owe no one anything. My main (only?) issue is that they don't disclose that and try to give off the impression that the site is impartial.

    It's not common to find non CC offers. During BF/CM there was a small handful of non CC hosts which was awesome of them, but past that it's rare.

    It's possible that providers just aren't reaching out much, but I know I've seen LETBOX and a few others comment about them waiting months and never getting listed.

    Francisco

    Thanked by 1letbox
  • Added a new message on the thread. If anyone sees this and still has access to their HiFormance VPS: backup your data now! Don’t wait another minute — they’re on life support now and their remaining servers might have their plugs pulled real soon.

    Thanked by 1netomx
  • @rbiut said:
    I just received a update (seller message) on my Paypal claims:

    HiFormance has posted a new message regarding this case:

    HiFormance offers a service, the customer agreed to the Terms of Service stating there is no refund prior to making payment. Once a customer orders the service, it is is immediately provided. The service is a virtual good that cannot be shipped.

    • HiFormance, Wednesday, 26 December 2018

    It is is.
    Ok.

  • Just curious as I'm from The Netherlands so I'm not really sure whether this law or regulation is not by chance above the terms of service of HiFo? https://www.gov.uk/invoicing-and-taking-payment-from-customers/payment-obligations

    If this rule or regulation is above the TOS of a company, people can issue a chargeback (which seem to be different compared to a refund). But again, I dont know how this kind of matters are regulated by US law?

  • deankdeank Member, Troll

    ToS can certainly be challenged. But, to do so, one must sue first.

    The 1cent/pence question is: Would you sue for 10 bucks (or 30 bucks, you get the gist.)?

  • WSWDWSWD Member, Host Rep

    I'll never understand why people continue to buy products with PayPal (using bank account) when they continually rule against the consumer.

    If a company doesn't accept credit card, use the credit card option on PayPal and pay with your card. Your bank will generally fight for you, especially if you're a good client, where PayPal doesn't give a shit.

    I have had several PayPal rulings overturned as a consumer because my bank got involved and either issued a chargeback to PayPal or threatened to.

  • @deank said:
    ToS can certainly be challenged. But, to do so, one must sue first.

    The 1cent/pence question is: Would you sue for 10 bucks (or 30 bucks, you get the gist.)?

    Well, i'm not planning to sue them but I guess it's worth a try to drop that rule or regulation to the payment provider (PayPal in this case) to convince them Matthew (HiFo) did this on intentional purpose.

    I dont know if the rules between PayPal US and PayPal Holland (The Netherlands) differ, but I might try this as well.

    @WSWD said:
    I'll never understand why people continue to buy products with PayPal (using bank account) when they continually rule against the consumer.
    ..............

    To be honest... I dont have a CreditCard and dont even need any. Most people from the US might be quite surprised if I say, CreditCard usage in Europe is quite rare. This is because our laws protect consumers against many fraudulent things. The law in case of buy from a distance (which means, buying services or products from webshops) "in Europe" is commonly in the benefit of the consumer. Not to forget that the amount of people with a debt is way lower compared to people in the US for example (which is another protection).

    But now I went quite offtopic ;-)

  • deankdeank Member, Troll
    edited December 2018

    Hifo is certainly not the first one to fold under the regime.

    Literally tens of hosts go under like this on LET every single year. People falling for the same trick over and over certainly encourage them to continue to do so.

    You may have seen posts like this: "Oh, well, too bad they are gone. U guys know any other companies that offer similar plans at the same or cheaper?"

    The circle continues on like that. Unless either side breaks the circle, it will continue.

  • @Gerrit said:
    I doubt whether this is legal, is the Terms of Service not intended to protect both parties (company and consumer)? According to a TOS, a company is obliged to deliver what both parties have agreed. If the company does not comply with the agreement, the consumer has his rights, for example, by recovering the amount paid in full or in part.

    Given the offers that HiFormance had in the past 30 days, we can safely conclude that they wanted to scam a few more people in the last weeks before quiting his business.

    Besides that; How about the Service Level Agreement? According to the SLA HiFormance provided, they are obligated to give a refund in full or in part for the amount of time the service cant be used.

    @Francisco said:
    I think if enough claims come in then Paypal will take another look into it and favor the buyers, but if it's a random case here/there, they'll likely favor the seller.

    Beside the claim at PayPal, I also filed a report at https://www.econsumer.gov/en/#crnt

    Do you have a copy of their terms of service somewhere?

  • @TimboJones said:
    Do you have a copy of their terms of service somewhere?

    Archive.org is everybody's friend ;-)
    https://web.archive.org/web/20181208135831/https://hiformance.com/
    Scroll to the bottom and pick one ;-)
    (Terms of Service, SLA etc.)

  • HOW DO I UNSUBSCRIBE FROM THIS THREAD?? I'd just like to... like, not receive 100-150 mails per day about each reply to a messageboard thread that's not even relevant to me anymore, preferably WITHOUT having to block them directly from my mail server.

    kthx

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