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Technically they don’t have any agreements with you as customers - Lewis does. I would hope they have an agreement with Lewis to provide services to him and thus his customers, but who knows. The moment he transferred the rented servers, Lewis became a reseller.
I can see why they might not want to take over the customers, and it would be cleanest if Lewis were to refund people since he was the once who took their money.
I am also not passing judgement on whether or not this is a scam - it might be. Just giving my interpretation of the legal construct based on what has been written in this thread.
As I said, their communication continues to be pretty terrible, so I wouldn’t want to be a customer of theirs now or in the future.
70 pages. LMAO
The last few pages, hmmm. It could simply be solved with a single trick.
It can't be solved. Provider wants everything, without any responsibility towards existing hosting services. Meanwhile customers care about their services and their data, because it's what they paid for and what created the previous business.
I can't go over the agreement but we have a legal team on the line and he didn't. We're not going to agree to any liability or risk. Just because we have something doesn't mean we agreed to it.
I made this clear multiple times. The agreement > @MaxTakeba said:
That guy is spot on. But my understanding is Lewis was never a data controller as nothing legally filed, and no one checked. Apparently no one checks anything here.
We can't refund data, we don't have access to the payment. We also have no obligation to do so. That's lewis's issue.
Why are we still providing service? Because we're a large company and its basically nothing to keep it running. Plus we're planning on growing this huge so might as well keep this name. But it doesn't really matter much either way.
Users can chargeback or not. It doesn't affect us because we don't get the money.
I honestly don't know why the issue still
It is solved. You just don't understand the law and aren't happy with what Lewis did to you.
The problem is you're upset with me when I have nothing to do with your agreement. You should be upset with Lewis. Why are you not upset with him?
Did you willingly and openly know that was the case? If so. You maybe complacent in this problem. Which is still enough of a good reason to stay the hell away from VeloxMedia and anything you or your main business own/hold.
Has the name of this big company been revealed yet? Not gonna scroll through 30 pages.
Also, does anyone else imagine a callcenter scammer voice when reading comments by @VeloxMedia?
I'm not a forensic linguist or anything but his grammatical patterns seem Indian.
Makes you think whether this "big company" is a scam business and they will "grow this huge" by using it as a money laundering front.
I mean... I still just want to know who we're talking to. Eric said quite a while ago in their discord that he wasn't in control of the LET account anymore and legal had taken it over, then we got a post from "Andrew from the Legal Department", then silence for a while, now... whatever this is over the last few days from... someone.
Lewis provided my service as advertised. You are the one who took the client area, the customer data, the services, did not notify customers, then state that you hold the services active for free, and consider you have no obligations. It is you in charge, so you to blame now; not Lewis.
I will not chargeback, because I do not consider Lewis guilty. You did not post the details of the deal, nor do I care about the money transferred between you two. But I do care about my data because I paid for it, and my data is with you. As such, you're in charge of the brand with all it entails: domain, client area, personal data, services, billing periods, invoices. To me: you're to blame for anything that happens, because you are obviously in charge.
If there was no customers and no data transferred, just some assets being transferred while customers would have been left outside the deal - that would have been a different story. But we're far from that scenario because we're on your servers now. Man up and take responsibility... or else...
This is where I think there is something. By continuing to provide services to Lewis and/or his customers and having access to their data, VeloxMedia is a data processor for Lewis.
VeloxMedia have openly admitted to knowing that Lewis is/was not GDPR compliant in this thread. By continuing to provide service to his customers they are liable for fines and suits from Lewis and/or data subjects.
No corporate lawyer I’ve ever met would willingly accept this. If they truly are a big company as claimed, I cannot see how this would fly.
You know what else flies? Time! Time flies for chargeback period.
You should chargeback and pop a ticket to cancel. Solve your problems.
I didn't take anything lewis left you hanging and I'm the one stepping in that's keeping you online. You don't seem to understand this.
Oh yes I do understand: you took my personal info and my services without my consent and don't want to keep hosting. I will not chargeback! I want you liable for your actions! If you scam, there should be consequences!
Undeniably
I believe you’re mistaken about the obligation to inform customers being on VeloxMedia rather than Lewis.
However, since VeloxMedia are aware of non-compliance and potentially at risk of processing data outside of instruction, they are opening themselves up to liability. I hope they have clear documentation that Lewis has been informed about this non-compliance, and their instructions as a data processor…
We are fully GDPR compliant and fully registered with the ICO. We have zero liability to Lewis's actions and what he did with the data or how he transferred it to us, our liability is on how we handle the data from the time we acquire it, which is fully compliant with all US and GDPR, along with all regulations required by our partners, like payment vendors.
We have continued to acknowledge that we'd delete any data as requested.
We have no agreements with these customers and everything is with Lewis who is gone. Users can buy new agreements with us or cancel their service or leave as is.
I mean, on Eric qq Benthost side. They had stated it verbally. So, what matters is their action. Arguably, this expands their liabilities. Will they do it?
On the other hand, taking Lewis accountable...
From a data perspective he is not out of the picture: He remains the data controller, you are a data processor on his behalf. You may be fully compliant - but you are aware of his non-compliance, and that creates a liability for you.
Liable for what exactly? We don't have any agreement with you or anything. We didn't take anything, Lewis was responsible for your data not me.
Chargeback and we'll cancel then you can do whatever consequences you want. I'm excited to see the consequences.
There's no point in continuing talking because you're parent understanding the laws.
Thank you. So you have the data. Why have someone else's data which was paid by customers for hosting?
Irrelevant. That is a normal thing to do. Problem: you can't be trusted.
Wrong again: everything is with you, from business and servers and IPs, to customer info, data, invoices. I don't understand why use such words when only the money is with Lewis, but money from accounts are rarely part of deals - after all you bought "something" (you did not buy money).
That remains to be seen. I wish to make it clear for online records that: I DO NOT RECOMMEND VELOXMEDIA AT THIS MOMENT!
And yet you have my info and my data. Why? You said you are GDPR compliant... so please explain how you got to be in possession of my data without my consent, because clearly my data is on your servers.
Last I remember I paid some business, but not your business.
Can customers transfer their contract to you without losing their current VPSes or having to pay twice for them (assuming that the deals were not unsustainable or insane)?
Lewis was responsible for your agreement and your data. I'm not responsible for your data, Lewis is.
Where are you seeing that any responsibility was transferred from lewis to me? What notification or agreement or anything did you receive saying this? Who specifically did you pay for the service. What does your credit card statement say? Who signed your agreement? These are what matter and none of this is with us.
Simply renew the service. The new business will be legally bound because they get your money. But after 70 pages of a mess, are you able trust them with renewals?
You are a data processor for Lewis given you currently hold that data. You are indeed responsible for that data.
Not right now. All monthly agreements will automatically be transferred at renewal along with anything else purchased.
Anything existing likely won't have an agreement until renewal or some other charge. This doesn't mean we'll shut it off or anything just that we won't take liability because it's of no benefit to us. We'll still provide plenty of notices for changes and will keep great service and everything because we're a legit company but it doesn't make much sense.
Thank you for clarifying this. I am glad Lewis was responsible for my data. I paid him for precisely that.
You did not answer my question as to why my data is with you. I have not paid you, I paid Lewis, but you have my data, and my account, and my info. You said you are GDPR compliant - I hereby invoke the GDPR legislation in demanding explanation from you as to why you have my data.
You have my data. You should answer this. You must explain yourself, not me. I paid Lewis, and now you have my invoice in how I paid Lewis. You also have my data which Lewis hosted; so you're the one to answer.
You stated you acquired Veloxmedia and its data in this thread.
VeloxMedia - but the data is with you. It is up to you to justify yourself.
[REDACTED ON THIS FORUM] (for GDPR legislation with regards to sensitive data - you should know this)
VeloxMedia - now with you because you have the whole client area
Actually it is, all of it is. The whole client area and all the services are with you.
Guys are we going for 100 pages!?
No it doesn't work that way.
I think so. Still don't know what we're talking about either, but very entertaining