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[Poll] Can a supplier terminate a service contract because of a negative customer review?

cxplaycxplay Member

As you may know, this is a continuation of a negative incident that occurred in this community. Let’s stop debating and cast our votes to see whether this is truly a buyer’s market or a seller’s market.

Regardless of whether the supplier has signed an unconditional termination clause in advance with customer or whether the customer has done something unforgivable to the supplier, is the supplier actually allowed to do this? :smile:

Thanked by 1dedipromo
For buyer or seller
  1. Can a supplier terminate a service contract because of a negative customer review?122 votes
    1. Yes
      49.18%
    2. No
      50.82%
«1345

Comments

  • cxplaycxplay Member

    I also posted the same poll on the Chinese "MJJ" community. If you're interested in seeing the reactions there: https://www.nodeseek.com/post-688535-1

  • aphexaphex Member

    Yes, a seller can do this at any time or with no reason

    If you are not happy with them, as a customer, why would you stay or trust them further?

  • tentortentor Member, Host Rep

    @cxplay said:
    I also posted the same poll on the Chinese "MJJ" community. If you're interested in seeing the reactions there: https://www.nodeseek.com/post-688535-1

    Am I blind or is there no way to see voting results without voting?

    Thanked by 1JohnnySac
  • Is this the MXRoute drama again?

  • It will depend on the country in question but I guess in most countries there will be some kind of legislation to regulate contract termination clauses, even if the contract does not have them, they are implied.

    Thanked by 1tux
  • cxplaycxplay Member
    edited April 15

    @tentor said:
    Am I blind or is there no way to see voting results without voting?

    Relax, let me give you a spoiler (at now): https://fs.to/tFNk

    Thanked by 1tentor
  • shellshell Member

    customer can choose supplier they want but also supplier can choose customer they want

    about customer loss/ refund / etc because termination can be communicated before

    make sure to follow TOS and AUP from supplier

    Thanked by 1YuXiaTech
  • cxplaycxplay Member

    @fredo1664 said:
    Is this the MXRoute drama again?

    Not exactly. I think the original argument of this farce is meaningful to the community.

  • cxplaycxplay Member

    My opinion: If suppliers have such terms in their contracts (including unconditional contract termination), they can certainly do so.

    In the Chinese community, we have a term "oneman" to refer to suppliers like MXroute, where one individual holds all the decision-making power for the company's business. Their thoughts and actions determine everything about the brand and the company. Therefore, choosing such a supplier essentially means evaluating the character, behavior, and technical capabilities of a particular individual.

    Thanked by 1zephyr32
  • SaragoldfarbSaragoldfarb Member, Megathread Squad

    It's more complicated than that. Generally speaking, no. However, if the feedback is retaliatory, yes. It's not all black and white so can't be adequately answered as it's a bias question.

    Thanked by 3oloke tux DejavuMoe
  • cxplaycxplay Member

    @Saragoldfarb said:
    It's more complicated than that. Generally speaking, no. However, if the feedback is retaliatory, yes. It's not all black and white so can't be adequately answered as it's a bias question.

    Most of the time, there is no third party to evaluate preferences; even if everyone considers the review to be neutral, ultimately it is someone from the supplier’s side who makes the final decision.

  • tentortentor Member, Host Rep

    I wonder why immediate termination is not distinguished from a delayed one to let the paid term to expire?

    Thanked by 1network
  • SaragoldfarbSaragoldfarb Member, Megathread Squad

    @cxplay said:

    @Saragoldfarb said:
    It's more complicated than that. Generally speaking, no. However, if the feedback is retaliatory, yes. It's not all black and white so can't be adequately answered as it's a bias question.

    Most of the time, there is no third party to evaluate preferences; even if everyone considers the review to be neutral, ultimately it is someone from the supplier’s side who makes the final decision.

    My point exactly. In the low-end market especially, people use 'reviews' to strongarm their supplier frequently. We don't objectively know the whole story usually so the point of a poll like this is moot.

    Thanked by 2tentor zephyr32
  • cxplaycxplay Member

    @Saragoldfarb said:
    My point exactly. In the low-end market especially, people use 'reviews' to strongarm their supplier frequently. We don't objectively know the whole story usually so the point of a poll like this is moot.

    This poll is essentially a survey of community members’ attitudes toward such incidents. supplier come here because this is where their potential customers are, and it also allows them to gain insight into the community’s dynamics. You’ll also notice that the Chinese MJJ forum differs from LowEndTalk in the way: https://fs.to/srWH

  • coldcold Member

    @aphex said:
    Yes, a seller can do this at any time or with no reason

    If you are not happy with them, as a customer, why would you stay or trust them further?

    mostly because you have paid for 1 year or have a running contract with them ?

  • networknetwork Member

    @tentor said:
    I wonder why immediate termination is not distinguished from a delayed one to let the paid term to expire?

    Yeah, these two cases are wildly different. Also whether immediate termination is with refund or not and do they give a few days to backup any data.

    Thanked by 2tentor oloke
  • @cxplay said:

    @Saragoldfarb said:
    My point exactly. In the low-end market especially, people use 'reviews' to strongarm their supplier frequently. We don't objectively know the whole story usually so the point of a poll like this is moot.

    This poll is essentially a survey of community members’ attitudes toward such incidents. supplier come here because this is where their potential customers are, and it also allows them to gain insight into the community’s dynamics. You’ll also notice that the Chinese MJJ forum differs from LowEndTalk in the way: https://fs.to/srWH

    That would explain why most MJJ who come to LET to complain about a provider are perceived by many LET users, me included, as completely delusional and unrealistic in their expectations.

  • cxplaycxplay Member

    @network said:
    Yeah, these two cases are wildly different. Also whether immediate termination is with refund or not and do they give a few days to backup any data.

    However, this also relates to the service terms regarding "whether reasonable efforts have been made to ensure the customer is aware", and when the service terms specify that changes may be made without notice, there is effectively no difference.

  • forestforest Member
    edited April 15

    "Can" or "should"? Your question is ambiguous because there are two possible interpretations. I voted no because I don't think it's acceptable. Can they do it legally? Well, depends on their ToS and their (and your) jurisdiction.

  • cxplaycxplay Member
    edited April 15

    @forest said:
    "Can" or "should"?

    "Can". This is because, in most cases, "lowend" customers actively choose suppliers but passively accept the terms.
    Edit: It really depends on the terms of service. If you have to take legal action, the costs will be disproportionate, and most suppliers take advantage of this. And the most most that customers can do do and are economically acceptable only is to leave more "negative reviews".

  • maxxxxxmaxxxxx Member

    @cxplay said:
    As you may know, this is a continuation of a negative incident that occurred in this community. Let’s stop debating and cast our votes to see whether this is truly a buyer’s market or a seller’s market.

    Regardless of whether the supplier has signed an unconditional termination clause in advance with customer or whether the customer has done something unforgivable to the supplier, is the supplier actually allowed to do this? :smile:

    The supplier can do what he wants but that does not mean it's legal. It would depend on the country of the supplier and the country of the customer.

    For EU the supplier can do it if there's a material breach of the contract, meaning something like deliberate false statements. If it's an honest review or opinion it's not legal for the supplier to terminate the contract no matter what the TOS says. Not just for the unlwful termination but the supplier would also be on the hook for GDPR violation.

    Thanked by 2cxplay yoursunny
  • zedzed Member
    edited April 15

    I think either party should be able to choose to sever the relationship for any reason then tell us about it so I can decide which if any (or both) go on my avoid list.

    @cxplay said: one individual holds all the decision-making power for the company's business. Their thoughts and actions determine everything about the brand and the company. Therefore, choosing such a supplier essentially means evaluating the character, behavior, and technical capabilities of a particular individual.

    It's an ongoing source of amusement for me the hosts that pop up here and show their ass apparently not realizing that the display is going to have impact on their sales.

    I can IMMEDIATELY think of 3 just in the past several days.

    edit: voting is theater, unless it's about cheese consumption.

  • cxplaycxplay Member
    edited April 15

    edit: bad context :P

  • @cxplay said:

    @forest said:
    "Can" or "should"?

    "Can". This is because, in most cases, "lowend" customers actively choose suppliers but passively accept the terms.
    Edit: It really depends on the terms of service. If you have to take legal action, the costs will be disproportionate, and most suppliers take advantage of this. And the most most that customers can do do and are economically acceptable only is to leave more "negative reviews".

    Disagree though. Small claims court tribunals in various countries doesn't cost much. People don't pursue due to lack of awareness or lack of time.

  • cxplaycxplay Member

    @itachikonoha said:
    Disagree though. Small claims court tribunals in various countries doesn't cost much. People don't pursue due to lack of awareness or lack of time.

    Yes, that's correct. People have to weigh the costs in terms of time and money, and since most suppliers are overseas companies, this results in higher costs.

  • doesnt makes sense. hetzner/ovh/oracle and other decent provider will terminate your account for less, also without any explanations whatsoever. it's private business, your best effort is to bitch and moan in a lebanese slippers enthusiast forum when that happens.

  • ralfralf Member

    As I said before in the other thread, if you post a review with the worse score possible, you are clearly not happy with the service. In that case, the provider cancelling the service and providing a full refund is the best possible outcome.

    I can think of only a few edge cases:

    • If it takes time to switch to any other service (for instance as a likely worst case situation, home broadband in the UK typically has a 2 week lead time for switching) then an immediate cancellation leaves you without any service, so is unfair to the customer
    • If the service you are complaining about is your only option (e.g. for a gas or water company), then it shouldn't be possible for the customer to be cut off, but equally there's no point posting negative reviews anyway as they only make sense for companies that provide a choice - it such cases you should complain to the ombudsman or equivalent
    • Similar to the first point, there should be some opportunity to follow the normal cancellation process (e.g. switching mobile phone company, typically requires a day and getting the transfer code from the old provider and the new provider informs the old provider when to cancel the service), or for a hosting service, having reasonable overlap between old and new provider to copy data across and switch e.g. DNS over to avoid loss of service.
    • In many cases, a provider will have purchased equipment and committed to an upstream supplier, so letting you leave a contract early may have negative consequences for them, so expecting a full refund shouldn't be the default.

    That said, I think it makes sense that as a customer, if you leave a terrible review for a provider, especially if their ToS say they can terminate you for any reason, you should have packed your bags and worked out your exit plan in advance of kicking up a fuss. And of course, if the provider offers a full refund without needing to leave a bad review, then you shouldn't be leaving the worst-score review anyway IMHO, because you effectively got a free service that you didn't like.

    Like many things in life, it boils down to not being a dick, and treating others how you'd like to be treated yourself. If you go out of your way to sabotage a provider's business, you have nothing much to complain about if they're a small company, your actions cause them to suffer consequences that affect them personally, and they choose to react back.

    Thanked by 2zed rpqu
  • SaragoldfarbSaragoldfarb Member, Megathread Squad

    @cxplay said:

    @Saragoldfarb said:
    My point exactly. In the low-end market especially, people use 'reviews' to strongarm their supplier frequently. We don't objectively know the whole story usually so the point of a poll like this is moot.

    This poll is essentially a survey of community members’ attitudes toward such incidents. supplier come here because this is where their potential customers are, and it also allows them to gain insight into the community’s dynamics. You’ll also notice that the Chinese MJJ forum differs from LowEndTalk in the way: https://fs.to/srWH

    Well, I look at it like this, since you referenced it. We're only just past that while MX shit show, no need to stir it up again with a pointless survey. There's just no point.

    Just my 2c.

    Thanked by 1ahnlak
  • rm_rm_ IPv6 Advocate, Veteran
    edited April 15

    I don't mind this, as long as a proper and fair refund is provided (and a few days to backup, though it's not as important in my use cases). Some providers even go above and beyond, and refund the entire paid term (e.g. year), even if it's some months into the year already. More than OK if latter is the case.

  • stefemanstefeman Member
    edited April 15

    Yes, but you can't just boot a VPS customer out.

    You can terminate contract one-sidedly, but you are a seller, so you must refund and ensure that customer can leave with his data if he's no longer welcome.

    Common sense applies.

    If you just boot him off and keep the money and his data, you lose trust as a provider. Otherwise other customers would think when its gonna happen to them next and not risk it and move away from your services.

This discussion has been closed.