I was looking at a provider (for a testing project) who advertises here and saw this in their terms of service.
To me these ToS sound almost draconian….but it’s not my first time seeing them. On the contrary I’ve seen more and more providers with similar terms in the past few years, and it made me reflect on how hosting has (seemingly) only gone downhill since I opened my first website back in 2010-2011 - when no host I used had terms as harsh as these. It’s pretty sad.
Billing and Payments:
You agree to pay *host name* in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. Client agrees to all annual and longer term recurring charges that are not canceled at least 45 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. *Host name* reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client’s account being invoiced. *Host name* provides a 5 day grace period from the time invoices are generated, however invoices not paid by due date are subject to a late fee of $5 (five dollars USD) plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full.
Invoices that are paid more than once or any other over-payments can only be added as credit towards the account and can not be refunded. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $100 administrative fee in addition to the disputed charge before service can be restored. We may request payment in cashiers check or money order before restoring service. All billing disputes must be reported within 30 days of the time the dispute occurred. *Host name* may temporarily deny service or terminate this Agreement upon the failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
There is no refund for shared hosting, cloud hosting, VPS, reseller plans.
To me these ToS sound almost draconian….but it’s not my first time seeing them. On the contrary I’ve seen more and more providers with similar terms in the past few years, and it made me reflect on how hosting has (seemingly) only gone downhill since I opened my first website back in 2010-2011 - when no host I used had terms as harsh as these. It’s pretty sad.
I will engage 1 further time since based on your reaction, you are clearly much younger than I and I am not looking to have an online fight. However, I do want to provide what I believe is beneficial context and clarity to the community.
I never defended, referenced, or offered a direct opinion on the TOS cited. Every company is free to set whatever TOS their business plans determine they need. Then it is up to you and I as consumers to determine whether the vendor provides the "best value" for our respective needs. For some people and some projects, an extremely low cost may justify accepting such "draconian" terms.
All I did was correct was a false interpretation of something that you quoted off of a website and seemingly attempted to apply it to a completely different situation. While you are correct, no TOS or any other legal agreement can have you agree to anything in conflict with law, there are no laws that prevent company policies from only offering store credit and there are no LAWS that prevent companies from charging fees for performing a chargeback. There are also no LAWS that require a company to refund an overpayment if their TOS indicate no refunds and if the payment was not directly the result of some type of fraud or other crime. If you have evidence to the contrary, ACCURATELY cite them.
In most MERCHANT AGREEMENTS for credit card processing, there is typically a clause that prevents chargeback fee recovery. However, this is NOT LAW, and merely another TOS that the vendor is agreeing to with their merchant provider for credit card processing.
I never defended, referenced, or offered a direct opinion on the TOS cited. Every company is free to set whatever TOS their business plans determine they need. Then it is up to you and I as consumers to determine whether the vendor provides the "best value" for our respective needs. For some people and some projects, an extremely low cost may justify accepting such "draconian" terms.
All I did was correct was a false interpretation of something that you quoted off of a website and seemingly attempted to apply it to a completely different situation. While you are correct, no TOS or any other legal agreement can have you agree to anything in conflict with law, there are no laws that prevent company policies from only offering store credit and there are no LAWS that prevent companies from charging fees for performing a chargeback. There are also no LAWS that require a company to refund an overpayment if their TOS indicate no refunds and if the payment was not directly the result of some type of fraud or other crime. If you have evidence to the contrary, ACCURATELY cite them.
In most MERCHANT AGREEMENTS for credit card processing, there is typically a clause that prevents chargeback fee recovery. However, this is NOT LAW, and merely another TOS that the vendor is agreeing to with their merchant provider for credit card processing.
Hi and thanks for the heads up on what appears to be illegal here in the US (but then, is anything really illegal here now). When I was last in finance though, this line would not be allowed under the CFPB:
If this company is a US company, or doing business in the US, they are violating federal law. Know your rights, because no TOS can take them nor can you waive your legal rights.
I believe the provider is from America but either Central or South, not the US - nor Canada.
So you:
Don't like you would have to give a 45 day notice to cancel, before the due date.
Don't like if you're past 5 days past due, you will have a late fee. (Use it's either flat fee or a percent, never seen both)
Don't like if you do a chargeback being billed a $100 fee
Don't like there are no refunds.
Sounds like almost every provider out there, but most require a 30 day notice, not 45.
But to put that into perspective, most landlords now require a prior 60 Day notice, if you plan to move out.
Chargebacks due incur fee's on the provider side, and could raise the % you pay.
Back to landlords, if your rent bounces, they charge a late fee AND chargeback/return payment fee.
And again, most providers do not provide refunds for service.
You can thank spammers/hackers for that one, who use a service for a couple days, ask for a refund, and then the provider is slammed with complaints.
Most use to offer a 30 day money back, but those have become few & far in between, unless they don't offer email service with the web hosting plan.
Don't like you would have to give a 45 day notice to cancel, before the due date.
Don't like if you're past 5 days past due, you will have a late fee. (Use it's either flat fee or a percent, never seen both)
Don't like if you do a chargeback being billed a $100 fee
Don't like there are no refunds.
Sounds like almost every provider out there, but most require a 30 day notice, not 45.
But to put that into perspective, most landlords now require a prior 60 Day notice, if you plan to move out.
Chargebacks due incur fee's on the provider side, and could raise the % you pay.
Back to landlords, if your rent bounces, they charge a late fee AND chargeback/return payment fee.
And again, most providers do not provide refunds for service.
You can thank spammers/hackers for that one, who use a service for a couple days, ask for a refund, and then the provider is slammed with complaints.
Most use to offer a 30 day money back, but those have become few & far in between, unless they don't offer email service with the web hosting plan.
So you:
Don't like you would have to give a 45 day notice to cancel, before the due date.
Don't like if you're past 5 days past due, you will have a late fee. (Use it's either flat fee or a percent, never seen both)
Don't like if you do a chargeback being billed a $100 fee
Don't like there are no refunds.
Sounds like almost every provider out there, but most require a 30 day notice, not 45.
But to put that into perspective, most landlords now require a prior 60 Day notice, if you plan to move out.
Chargebacks due incur fee's on the provider side, and could raise the % you pay.
Back to landlords, if your rent bounces, they charge a late fee AND chargeback/return payment fee.
And again, most providers do not provide refunds for service.
You can thank spammers/hackers for that one, who use a service for a couple days, ask for a refund, and then the provider is slammed with complaints.
Most use to offer a 30 day money back, but those have become few & far in between, unless they don't offer email service with the web hosting plan.
Sounds like you need to read my initial post, especially the host’s terms, more carefully.
- Page :
- 1
- 2
There are no replies made for this post yet.