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Online.net wants to sue me for 2 hrs of server usage in a month.
Hello
My story.
My last paid bill with them was generated on December 1, 2015 for the period December 1 - 31, 2015.
On January 1, 2016 I canceled all the services with them.
3 days later they generate a new invoice for the period January 1 - 31, 2016.
Which I didnt pay.
Since then, they send me the invoice, tried to get money from my credit card and now they send me an email informing me that they we will talk with a collecting agency.
The guy from helpdesk (Julien) has no idea: He told me that according to their TOS I have to the full month (as it is unpaid!! WTF) and my mistake was to terminate them on Jan 1. According to their TOS the last day was Dec 31.
Even if they generated the invoice 3 days later than the day I decided to cancel.
Now, I cannot delete my CC from their system.
What would you advice, guys.
It is OK to pay a full month for a service not rendered ?
As I canceled the services BEFORE the invoice being generated, isnt enough ?
Comments
Double check their TOS. I think you have to cancel before the 20th of the month, at least that was the deal last time I checked.
You need to cancel before the 20th as Your Mike said. So yes, you're out of luck.
seems to be 1and1 politcs ... lol with more than 30 days
It is said:
"The Agreement may be terminated at either the User's or ONLINE's initiative under the terms
set forth in the General Sales Terms and the Specific Terms. Termination of the Agreement
makes all unpaid amounts by the User payable immediately.
The User may cancel the Dedicated Server Services from the Account Management Console.
Unless expressly requested by the User, any cancellation received by ONLINE up to the 20th
day of the month (based on the date of the acknowledgement of receipt) will take effect at the
end of the month in question, while a cancellation received after the 20th day of the month will
take effect at the end of the following month."
So "Termination of the Agreement
makes all unpaid amounts by the User payable immediately." but the invoice was generated 3 days later.
SO, there was NO amount pending between ME and THEM.
So, do you think that because I missed to ask for cancelation on New Year Eve but in the morning, (few hrs later) I have to pay a full month of services not rendered anyway (as they were already canceled by my request).
I recall something about the 20th, I've had problems with online.net in the past. I would consider them the talktalk of the hosting world, cheap and great if it works right.. When it goes wrong GTFO as they will not listen to you at all.
Speak to your card issuer, explain that you've revoked their authority for any continuous payment authority, yet you cannot or if it's the case (they will not) remove the card details.
They should, in theory be able to stop payments from that supplier as you've already paid them in the past. If not, as a last resort I'm sure they'll send you a new card with slightly different digits.
Their email talks of bailiffs, not a collection agency. Not sure if this is a scare tactic or due to English not being native to them.
If you're not in France, simply carry on and ignore them.
I am not in France but I dont like the fact they blocked my card there. I already escalated to their manager and told them that I will discuss it with my CC issuer (also a french bank).
Agreed.
Totaly wrong my friend , most of company sell this invoice to recuperation companyes the contry were you are . I have a friend who had a negative balace with paypal (only 78$)and was contacted by FIRE CREDITS ROMANIA (from client country) and finnaly hi payed because if not no more credits from the banck , etc etc . Now in this case with online.net depend of him if want to continue to fuck the client or no. Maybe finnaly wil be only no more orders accepted with your name ....
please tell me this isn't over €1.99?
The amount was 30 euros.
thecnically the cost of recuperation is much more ... but never know
Here it is important the amount. It can be 2 euros or 30 euros. But the practice itself.
I cannot bill someone for a service for which I dont even generated an invoice. WTF.
any way if you dont want to pay this i suggest go hunrry to your banck and change your credit card, if not you will have the surprise of payment to online.net and is nothing to do once the money is retired
They pass collection agency fees to the customer.
A good idea I think.
i know this but the agency must be a idiot agency to accept a recuperation of 30 eur and risck cost arround 1000 eur +
this recuperation agency normaly buy this credits from the ex: online.net for 20% of amount or less and from 30 eur .... 20% ... is only 6 eur
Just pay it and take it as a lesson to read the terms of service next time you sign up for a new service.
If €30 is a problem for you, be honest with them and see if they'll compromise on a reduced amount.
Or waste the rest of your Sunday researching French law to try and build a case this is an unfair contract term, I suspect you'll struggle as its not uncommon.
Not really the same, but I managed to incurr 500ish euros of debt with ovh. The whole don't pay if you want to cancel thing doesn't work that well.
No, in the part of the TOS you copied here the last day to cancel is the 20th, as can be seen here.
get over it and pay. you agreed to their tos in the first place!
and if you're dealing with businesses in other countries simply don't imply that their rules and manners are the same as you are used to. better go and f*cking read their rules beforehand.
a lot of companies in europe do have contract terms and things like cancellation periods.
you simply did miss that, so it is completly your fault.
that they had not issued an invoice does not mean you are not committed to pay or there was no 'unpaid amount'. if you had cancelled on december 25th, you also had to pay for january...
please don't be cheapish and follow the laws, if you do business with someone be honest and pay what you have ordered.
you either would not want a host run away with your money like it is sometimes to be seen around here.
Even assuming your reasoning (which ignored online.net's TOS), you should have canceled on Dec 31, not Jan 1 (which already fell in the new period).
But since you ignored their TOS, you don't have much of a defense. In your place, I would pay the invoice, also to maintain a good general credit record (and who knows -- maybe you will want to use online.net's services again later), and take it as a learning experience to read the provider's TOS in the future.
Get over that false sense of impropriety on Online.net' behalf. You agreed to their ToS before placing and paying for the order, and It really isn't their fault that you didn't go through their Terms with a fine-tooth comb.
Its just a few bucks that you owe them. Think of it as the price that you paid for a lesson that's going to stay with you and hopefully prevent such oversight in the future and save you from incurring significant losses down the line.
You failed to read the ToS and now you want to make a quarrel over 30 bucks?
Agree with the above.
If "being outside their jurisdiction" is reason enough for you to ignore it, then these companies will possibly just stop taking customers from your country as customers, or raise prices to mitigate these kinds of losses.
In any event, paying is the honourable thing to do, if that's what you agreed to.
Lessons;
1) read the contract before buying.
2) respect the terms that you agreed to
Else, you will never be able to have a service with them, you will pay in the end as the collections will keep knocking and in some jurisdictions this can very easily trash your credit report, meaning you'll be denied even a sim only mobile phone contract with any provider.
Good luck, you will need it.
You have to pay, their TOS clearly states this. Everything else is just risk and speculation whether you'll get sued or not...
Dont worry about any "collecting agency/debt collector" they are powerless, just try work it out with online they are really decent people.
You agreed to the ToS where it says you have to cancel before the 20th. Just shut up already and pay.
@all of you: Dear providers, I understand you kiss in the ass to online.net.
Of course you have only the "TOS" in your mind. Understandable.
I just only wish you to face a similar situation.
Very soon we will have in the TOS 2 months notice in advance and you as low mens will say: yes, it is TOS, it is God on earth, you should respect any shit a big company says in it, as you agreed and it is as contract between parties.
What the hack "Unless expressly requested by the User" in your advice ?
The REASON behind the notice is the resources USAGE. So, which is the RESOURCE usage for January if it was canceled in 3 hrs after Dec 31 ?
Just to say that TOS is the contract behind parties, this allows me STILL to say that still some articles aren't correct even if I accepted them at the beginning. WHY ?
Because it raised some events from the daily operations: as this one happened to me.
But you can continue to kiss the TOS as the God low on Earth and dream on if you consider that any company has the right to:
If we need to be morons, we can go with it.