New on LowEndTalk? Please Register and read our Community Rules.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
reasonable? Cancellation of service requires 30 days' notice.
This discussion has been closed.
Comments
UK
You seem to be the kind of person who would defend your boss when he takes your wife for a ride.
Don't be a sheep who takes it up to the ass when its obvious that the seller is abusing the customer. There is a word for the hidden 30 days cancelation time. Its called extortion.
I would understand if it was post-paid service with a physical paper and personal signatures on it. But its not. Its a prepaid service.
Yes, I am new, that's why I am asking here.
Is the provider asking for payment, they mean I must be pay it.
@forgetm Can you name this provider? So we can avoid it
I had similar case with online.net and nothing came out of their threats. They'd have to really be desperate to go after you for this, because it would be a hard claim for them to win.
You said they are from UK, if you are not then that makes it even harder for them as they need to file the claim in your country's court. Theres a lot of expenses and it differs with every country, so very unlikely they'd do it for 120€ that they claim you owe them "in-advance", its not a real "debt".
Give them a written letter or email that you are canceling the server and shut down the server at end of the month.
The whole story is:
1) Orders placed on 16 Oct, is Dedicated Server Sale - Atlanta Unmetered E-2276G cv1 £108.00 GBP
2) The server is ready on 18 Oct
3) The 2nd invoice created on 4 Nov
4) After receiving the 2nd invoice, I making request to cancel it (I do this on 4 Nov).
Nothing else to hide
Maybe someone has guessed,
they're clouvider.
5) did not read the TOS about the cancellation. Assumed that server can be canceled anytime.
These TOS are a legal binding contract agreement. You don’t have to believe me. Hire a lawyer and get professional advice
Not surprised its @Clouvider . Everyone here knows he's kind of a douche
And no, whatever someone writes in their TOS does not become above the law. Good luck getting such shitty claims in my country.
i think the provider do pay for all their collocation on the same date. so if you cancel your server but they was pay your collocation for next months it need charges for your server. i think thats why the providers say you need cancel your service before 30 days to inform them.
it was my opinion.
Two points -
1. TOS is not a law, it is legally binding contract (agreement) between service provider and the customer.
2. No one forced OP to sign up with the provider and accept the TOS without reading them. Actions have consequences.
As you said yourself already, you're just giving your opinions without much knowledge how it actually works in real life.
If the next time have a user said that the provider wrote in the TOS, "Once the customer start the service, then the customer must use their service for whole life." Would you say the same thing?
I just want to discuss whether it is reasonable to cancel 30 days in advance. They can't make unreasonable things to reasonable just because they have written TOS? It also feels uncomfortable that the provider does not use "you have agreed" to hijack customers.
Yes, it is my opinion. But I never said about the second part. Feel free to show my post.
One of my family member is a lawyer.
Enough said.
Yeah, my family member is a doctor. So that makes me a hearth surgeon too.
You have no idea about my background.
I do have an idea, might not be correct, but still.
Does it have anything to do with circus and wearing make-up?
@forgetm
TOS is not a free pass to write anything by the provider. The TOS clauses need to within state and federal legal framework.
Therefore, reasonable period of notice required fir cancellation is legally enforceable, whereas must have service for life is not.
If a customer signs up for three year special promotion, then customer is required to keep the service for that long.
The service minimum term is also defined by TOS. Example- Having Hetzner VPS for just one hour is perfectly ok.
Having said that it has been less 30 days of service, the provider should let you cancel the service.
Of course its not reasonable, that literally means you can by minimum order a server for 2 months, unless you cancel it on the same day.
Additionally they say they offer no refunds under any circumstance for dedicated servers, another thing that won't hold up in most EU courts. There are many laws protecting buyers in such cases.
Their whole fees/refund section is super fishy, you can see under how many circumstances they feel they can steal your money. Even if they just don't like the payment processor. So they keep the money if something is wrong with the server? I dont know where stuff like this holds on court. Theres plenty of fishy stuff in their TOS.
Also what I find funny is how they claim 100% uptime on infrastructure and network, but reading further they specify up to 30minutes downtime per month does not trigger their SLA guarantee, which basically means they offer more like 99.90% rather than 100% uptime guarantee.
Be respectful for all professions. All jobs deserve respect including circus jobs.
they're Clouvider.
Wow we found who disturb our senses.
Exactly what he do
Read the TOS again, the downtime allowed is much less than 30 minutes.
And it makes 99.981% SLA
https://www.clouvider.com/terms-conditions/
It says below 30minutes there is no compensation for "Standard SLA". If theres no compensations, theres no guarantee.
And that comes out to 99.93% if my math is correct?
If you buy "Premium SLA" then yes, max downtime without compensation is listed as 8 minutes or 99.98% uptime as you said.
And then you have to give them "written request", does that mean a written physical letter? And then they have 3 MONTHS to pay you for downtime.
These TOS not a laws, and not made by Gods. How to predict uptime or downtime in TOS?
You are really screwed by your family member..
First learn the difference between laws and legally binding agreement.
if you don’t like the TOS, then just don’t get that service. It is that simple. No one is forcing the customer to sign up for the service.
There is a reason why TOS agreement is sought by the service provider from the customer at the time of signing up. Customer should read the TOS, if customer agrees with TOS then go ahead, otherwise look for another provider.
You can not blame the provider, if the customer chose not to read the TOS.
Actions and Consequences.
If you not even follow the Jesus advices why you need follow someone made TOS?
That not a buyer problem for cover all provider expenses to their DC upstream. Over their use. You have no responsibility to their upstream provider.
If provider have these expenses they may not sell this kind of product.
And there’s also 6) Clouvider offers build to order dedicated servers - we do not ordinarily offer a stock, non-modifiable server such as some competitors the OP can be used to do. That means we have to engage physical labour to deploy the server, which costs, sometimes more than a Customer pays in a single month.
This works for majority of our Customers. Alternative would be to either increase the prices or introduce a setup fee, or fix the server specifications and make them non-upgradeable - something that would affect majority of our Customers negatively who in fact agreed to the rules and respect their contract.
While the T&Cs say 30 days we ordinarily enforce only 14 days. What this translates to: once we issue an invoice for the next month, which we do 14 days in advance in retail, then the service is considered renewed for another month and must be paid.
14 days is very little in this industry. We enforce a significantly shorter notice than competitors in the industry and we have a valid reason to do it - bespoke services. In enterprise services, such as ours, you will often find competitors with a 30 but often 90 days notice period, and that is on top of a minimum term - of normally a few years - that we also don’t have, unlike some of our competitors, some very known on this forum.
Our Terms are clear. The Terms are more Customer friendly then industry standard. This information is not hidden. No one is trapped here. No one is forcing anyone to buy from us.
Problem starts when someone doesn’t understand or outright doesn’t read the Terms and agrees to them. This is hardly our fault.
—
Another fact here is that unfortunately the OP, rather than engage in a normal discussion, started off by making threats that should we not cancel the correctly issued invoice, he or she will make it public. We will not be accepting this kind of threats, so they got OP nowhere.
—-
Another fact is that the OP is dishonest and provided false details with a fake Hong Kong address and phone number and managed to pass through Maxmind with … 0.28% risk score while using what appears to be a China mainland IP. We have provided details to Maxmind to fix this. I do start to understand better and better why some competitors apply more serious checks to Customers from certain countries. I suppose the open policy that we have at Clouvider may need adjusting - that’s why you can’t have good things, it often takes a loud minority to change policies.
—
Here’s the explanation of our very reasonable stance.
We won’t engage any socialists vs capitalist discussion, or whether it’s a right or wrong practise. We need to do it to keep the current deals. We are above industry standard with a better, more Customer friendly cancellation policy then most. Our Customers are happy with it, and so it will stay.
No worries, Belarussian partisans already on the way to Heatrow to fix current situation.