Legal Action Needed?

[Malachi]

Alright, Here's our problem:

About November 5th, we purchased hosting from a member on these boards by the name of "Daryl" from Technosys.ca. Around the 4th of this month, their entire server went down without a warning of anykind at all, including our entire site - We were paid up until Febuary 5th, 2004. We can't get ahold of him, or anyone from his company...called the phone number, e-mailed, ect... They also know multiple ways to get ahold of us, yet they have made no attempt.

So, the most we're looking for is a refund. They've practically put our entire programming project line to a complete stop with this downtime, not to mention they've killed off an easy 1k hits (Aprox. a good month's worth.)

My question is: What should I do? (Nobody has screwed us over like this in the 6 years we've been around.) How do we get ahold of him or his affiliates?

 

[Enrique]

Malachi, sorry to hear about your situation!

Have you tried doing a chargeback on your credit card?

 

[Artashes]

Malachi, quite easy to answer that.

Refund $ < Lawyer's fees $

Its not worth your time and money.

 

[Artashes]

Jose, a chargeback is only good within a brief period of time after the initial payment, which is the case here I presume. Credit Card company is not going to refund partial amount, so that's just a waste of time.

 

[Malachi]

The thing is, our Art director paid from his bank account, because he's the one who purchased the server. They just up and disappeared with nothing but a phone number as a trace of their existance. I'm not sure how to handle this. :forK:

 

[othellotech]

sadly you handle it by moving on, picking a new host, hopefully doing more research next time into the quality/stability of the compnay you hosted with.

If you're business depends on your hosting, take the same time to research a host as you would any other business partner.

If you post your requirements, I'm sure plenty of hosts on this borad would fall over backwards to help get you back online in the min time possible.

 

[Malachi]

Actually, I did look into them quite a bit, and they were extremely stable, seperate hosting domain and everything.

Thanx anyway, and I was afraid it would come to this...

 

[beepbeep]

You have 6 months to file a chargeback

Alot of banks will want it done within the first 3 months though or they give you a hard time

You should call your bank and see what they recommend

Thats the best advice i could give you at this time
But please remember dont do a charge back as your first step sometimes there are very good reasons for what happens and other times it is just someone wanting out so they get as mucha s they can and run

 

[Cartika]

Hi Malachi,

If the funds were paid from a bank account, you dont really have much recource except legal action.

As was previously stated, it just wouldnt be worth you while. At this point I would get any backups you had and get your project revived with a new host.

Best of luck and hopefully you have a better hosting experience in the future.

 

[interactive]

I agree with Andrew. It's just not worth the time and hassle of going after them unless you have quiet a bit of money wrapped up into them. Just pack your bags and move on.

Was this a dedicated server or just plain shared hosting?