About WebServe.ca

This is a civil matter, but not the first time a hosting customer criminalized a host for not providing a refund that may or may not be due.
 
This is a civil matter, but not the first time a hosting customer criminalized a host for not providing a refund that may or may not be due.

exactly. if the OP has indeed contacted the RCMP they would have told him its a civil matter and to take it up with his payment proviers and trading agencies.

like in the UK the course of action would be

1) Contact host and they to sort out
2) Payment provider
3) Trading Standards/Office of Fair Trade
4) Small claims process
5) Solicitor/Court Action
 
If the issues were resolved in your mind, you wouldn't have jumped on here with your opening post. I do however hope the RCMP can help you if you've been wronged. I'm not familiar with the RCMP, but I'm reasonably sure the police here would refer you to civil litigation.
 
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I posted it here about a week ago because I still haven't reported the case to RCMP yet. But now I have reported this to the RCMP.

Please also remember that the ways RCMP deal with fraud and online problems are very different than that of British and that of other countries. In Canada, RCMP treats this issue very seriously, and they are considered the only civil service in Canada that actually deals with the issue.

In the report that I submitted, it allowed me to make the option of "pretending to provide service."
 
In addition, they don't put this under the civil matter, they put this case under the category fraud as I just got a response from them.


Anyhow, thanks for all of your advice and help. :)
 
OK - first post on this board. It's taken me well over a week to register and be approved for posting. The only reason i do so was so I could respond to this thread. I came across it because i was googling to see why i could not contact webserve. sorry - it's a long story.

I've been with Webserve.ca for many years. A couple of years ago, my company domain was allowed to be expired - this caused significant damage for the few days it was inactive. It was set to be auto-renewed. Anyway, I should have moved everything out of there at that point.

Last ?december? i was informed by CIRA that webserve.ca lost it's .CA registration capabilities due to not meeting requirements or perhaps past performance - i don't remember. It took a while but i finally moved my one CA domain away from them. They tried to tell me that they COULD still register domain names (just using a different company!) They subsequently billed me for the CA renewal, even though they were not allowed to registrar CA domains anymore and i had already moved it to another registrar. I called for a refund and was told (very hard to understand the lady) that i must contact billing. I did many times using email/support forms (just on principle) but never heard back from anyone. i forgot/gave up about it.

Finally, I had my two of my last domain names coming up for renewal in December. Starting in mid October, I tried to contact them about moving them as my login/password no longer worked. Their domain login link was broken. In November, I upped my efforts and never received any replies. I'm usually like email. I started phoning - on hold for a significant time before i was switched to leaving a message. Finally their 1-888 numbers no longer worked and their local number again only took messages.

I noticed somehow that my domains were showing up as enom.ca being the registar and called them. They said (somehow) webserve.ca was really who i head to deal with. I then called Webnames.ca, who i just recently started to use for any new domains (and who i wanted to switch was was left on webserve to). I spoke to a human after less than a couple minutes wait and he was really helpful. He would not go into specifics but had known there had been issues with webserve but they should be back up and taking support calls. He gave me an email for a contact there. Although i was only asking for a login and password, the person at webserve automatically gave me a transfer code. Those 3 domains have now been transferred to webnames (completed last night).

Sorry, maybe all this kind of stuff is covered on this site but I did a fair bit of research and decided on webnames.ca - pretty much on reputation alone. No longer concerned about the cheapest pricing at all because if things go wrong, that $10-$15 you might save sure is not worth it. I will transfer another from my hosting company (icdsoft) so i have 5 domains with webnames - looks like pricing goes to about $13 per domain at that point (vs $30). I remember paying $250 a year a very long time ago!
 
In the report that I submitted, it allowed me to make the option of "pretending to provide service."

this is not pretending to provider a service to what you wrote

I order the package on 15 October 2012, they took 48 hours to activate my package. Because of this slow support, I did not like using their services and I requested a refund immediately as a result.

1) they activated a service 48 hours after you ordered
this can happen with some packages
2) you did not use the service because you say they had slow support
This was your choice and nothing to do with the provider who did provide you what you ordered.
 
I apologise that I did not describe the situation detailed enough.

I thought the argument was stopped. Again, I will not make any response to EastHostMedia on this topic because I am getting tired of his challenge.

RCMP just gave me a response that they are investigating the case right now.
 
I apologise that I did not describe the situation detailed enough.

I thought the argument was stopped. Again, I will not make any response to EastHostMedia on this topic because I am getting tired of his challenge.

RCMP just gave me a response that they are investigating the case right now.

i only stated the facts as you wrote them, do you think the RCMP will see this different
 
this is not pretending to provider a service to what you wrote
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He very clearly stated that that was one of the choices provided by the form he had to fill out. It was probably the closest thing to his case as he had to tick one of those boxes.
 
He very clearly stated that that was one of the choices provided by the form he had to fill out. It was probably the closest thing to his case as he had to tick one of those boxes.

but on an earlier post he stated

Hello,

I was asking this because they are pretending to provide service. I have reported this case to RCMP (Royal Canadian Mount Police) already.


Fabrino G.

but in another post as i linked to he said his servewr was activated 48 hours after ordering but because of slow support he never used this and demanded refund, so he got the item he paid for and it was his choice not to use it. so WebServe.ca did nothing wrong but activated his service 48 hrs after order
 
this maybe a bit off topic, but the OP seems to be breaking Canadian laws himself if you look at his website.

1) no contact details of any kind on his website.
2) states he is a limited company but i am sure its like being a limited co. in the UK and that you must display your reg number and reg address which you dont.
3) whois search shows hidden whois details.

all this makes anyone wonder what a host has to hide.
 
Mind stating the exact Canadian law(s) that he is breaking?

Canada law system follows the common law system of the UK (en.wikipedia.org/wiki/Law_of_Canada)

if he is running a business then his business contract details must be displayed on his site etc. also if he is a reg. ltd company he must display these details along with reg number on his site if he is running the business under the Ltd compamy.
 
Canada law system follows the common law system of the UK (en.wikipedia.org/wiki/Law_of_Canada)

if he is running a business then his business contract details must be displayed on his site etc. also if he is a reg. ltd company he must display these details along with reg number on his site if he is running the business under the Ltd compamy.

Since you are confident in your statement, please point to Canadian law(s) where it says that.
 
A Canadian business isn't required to list registration numbers on their Web site. While I do so, I'm not legally bound to do it. I do have certain requirements applicable to what is or isn't on my invoices, but that's got nothing to do with what I put on the Web site itself though.

As for refunds, Industry Canada makes is quite explicit in stating the fact that Canadian businesses are well within their rights to not offer refunds and to refuse refund requests. We aren't required to offer refund terms. As far as the Wikipedia link, I didn't read it nor do I care to. I take my advice from an attorney and directly (i.e. CRA, Industry Canada, Service Ontario, etc.); not from 3rd-party sources such as that.

With that said, if a company offers refund terms that's different. They'd need to handle refunds as per their company policy; whatever that may be.
 
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