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A TOS DISPUTE with hostbrr, need help!
Hello everyone,
I was initially reluctant to make this post, but recent developments have left me with almost no choice.
I am currently involved in a TOS dispute with HostBRR.
When I purchased their service on April 24, I noticed that their TOS page was down(and it is still down now, page link)
As a result, I genuinely had no knowledge of any terms at the time of purchase.
Later, the provider accused me of violating their TOS in a support ticket.
I responded by explaining that there had been no publicly accessible TOS page available to me at any point after my purchase.
Following advice from others, I checked Internet Archive's Wayback Machine for evidence. I clearly remember seeing one or two archived snapshots showing that the TOS page was in a down state at the time.
What I did not expect is that those archived pages supporting my point now appear to have disappeared mysteriously, which places me in a rather awkward position.
And Here is the current link, it only shows archives before April 14 now.
Since I have no preparation that the provider could take action like this.
Can anyone suggest what I can do to reveal this evil cover-up?
Comments
As for me, the fact that you purchased means you accepted TOS, even if it was not available. Sad but true.
Also @labze
I love how the OP isn't saying what he did... says a lot.
When the ToS is missing, neither party has any rights and obligations, because the contract is a literal blank.
The provider does not have to give you a server, and the customer does not have to make a payment.
What are you really hoping to accomplish here? Regardless of what may or may not have been in the ToS at the time of the contract, you're clearly doing something that the provider doesn't appreciate. Putting them on blast here isn't going to suddenly get them to change their opinion. The fact that you haven't described the ToS violation here tends to make me think what you're doing isn't cool. Attempt to part ways amicably by requesting a refund. If they won't give you a refund, then consider a chargeback if you truly believe they didn't perform up to their obligation. Act like an adult.
Hi,
for me https://hostbrr.com/terms-conditions/ is currently showing:
And as to your issue:
Agreeing to TOS while you order, while you did not read/know/what ever it is your own fault.
You ignored the fact that you could not read the TOS. You decided to order, even you did not know what you agreed to. That does not change the fact that you agreed to them.
You did not need to order. You could ( and should ) have pointed out this issue with the provider, but you decided not to do so. Thats goes on you, not the provider.
Aside of that, when i visit www.hostbrr.com i am redirected straight to the shop https://my.hostbrr.com/order/forms/
There is no website. There is no imprint or any identification with whom you are actually making a contract. I thought hostbrr is german? Or maybe i am just wrong.
In any case, was it already like this when you ordered @detavern ?
If yes, then you ordered from an anonymous entity with no TOS and wondering that might have a fishy (end) ?!
And if not, then what entity did you make a contract with? What country / legalization? Depending on the country's law, the contract you made with this company ( if its a company anyway ) might be anyway not valid as no TOS were provided.
In any way, next time i suggest you to consider a working website with some basic company/contract information being the minimum to consider a partner serious and trustworthy before you invest money there ;-)
What ToS violation? Is it bandwidth?
Hostbrr is trading as "Philip Fjaera trading as PFWeb Solutions", registered in DK.
Hi,
sorry, but at least with german law this is not true.
Missing access to TOS does not render the whole contract invalid. The TOS might not be part of the contract so neither party can depend on what ever is written there.
But the contract is still there and in power by the simple fact that service X has been provided for paid amount Y. THIS is already a binding contract in fact.
So a provider who will turn off / delete your service might run into trouble. -- At least with german law.
@detavern aren't you also the OP of this Nodeseek discussion?
https://www.nodeseek.com/post-730747-1
and this one:
https://www.nodeseek.com/post-721447-1
2 llamas a day @AlteredParadox
Putting my comment here for the notifications of this drama.
Account dispute, the previous owner assured me transferring ownership was permitted.
And he reclaimed it recently.
Sounds like you need to dispute it with whoever "transferred" you an account then, but so far sounds like you were scammed (and the scammer is NOT hostbrr)
Sigh. If it's storagebox, you could've wait... Since you're not the original party, your position is weak. Might as well tell as the whole story to us and (most likely NS)
You nodeseek chuckleheads have got to stop fucking with providers like this. You're putting the provider on blast because you got scammed while you were trying to do some shady shit. Stop using middlemen.
Yes, I was scammed, and the scammer has already been identified. This leaves the remaining dispute regarding the TOS issue between HostBRR and me.
You are not their customer. They owe you nothing.
HostBRR has no contract with you and therefore no obligations, other than suspect you in malicious account takeover
How the hell is OP taking someone else's account because "the previous owner assured me transferring ownership was permitted." somehow magically @labze's fault? What the actual f?
what is the matter with nodeseek post? I limited the dispute in the post.
You could take a look at this https://megalodon.jp/2026-0515-1750-09/https://hostbrr.com:443/terms-conditions
The background is a bit complicated when involving in account dispute, long story short.
I paid the invoice for the current billing period start from May 4 by my PayPal US, and the scammer had reclaimed the account short after.
As I said, I initially do not want to make this public, as I understand that L.E.T does not support unofficial trading. Therefore, the only question I can raise is regarding the TOS dispute.
Hi,
if the situation is:
Then in fact, at that point, you do not have a contract with the provider. And this time, really not.
So if ever, you must chargeback/sue/what ever the scammer, not the provider. The provider has nothing to do with all this.
You did not order with the provider and/or the provider claims that account transfers are forbidden? Then you have 0 rights with this provider as there is 0 contract between you and the provider.
EDIT:
then unfortunately you paid the invoice for this account ( so essentially the invoice the scammer had to pay -- you paid it for him :-) )
Ask hostbrr for a refund or, if they dont want, chargeback. And thats the end of the story.
If you can, go against the scammer. Not against the provider. He has nothing to do with all this ( except unwanted manual work ).
lmao is this new play
Change e-mail on yearly service with 7 days left
Make new "owner" pay for another year.
Change e-mail back.
Free server for a year? :-D
Hello,
As I said, the situation is:
So I do have an contract with the provider.
I think he made a deal with the scammer, took over the account, paid @labze for additional time, then the scammer took the account back over. If I were @labze I'd kill the account. I'd probably refund the money via paypal in an attempt to preserve my relationship with paypal because this dude surely is going to dispute, but there's no moral imperative to do this in my opinion.
Yes, and that is what I expected at very beginning. And frankly speaking, there is a PayPal dispute undergoing now. @labze 's behavior of deleting the archive do raise the situation.
lmao, you decide to post this issue in the perfect place, i'm going to watch some funny today, about how you get scammed twice and try hard to plam on provider
yes save him some time and headache in paypal dispute would be much good decision and close services transfer