Image is everything....but

ANMMark

New member
Now I just want to say straight out that I cannot go into full details here, because we're taking up legal councel in this matter.

The only reason I'm asking this here, is because I want opinion about how this may look on our reputation.

The issue starts as a client signs up for a reseller plan.....all is fine....client is thrilled, we're thrilled.

A few months later, client decides to upgrade to a dedicated server....all is good, they're happy, we're happy, until.......

They allowed their processes to run wild, causing the server to slow down, until it stopped. We rebooted the server, and informed him of the problem, and what he could do to keep it from happening again. So, ummm well it happens again, same speach, blah blah blah, and then a 3rd time. The 3rd time however it shuts down and screws up the HD.

So we replace the HD and the processor for free, which is outside of our scope of management, when it's client initiated. Nonetheless, we do it free....client begins yelling, and blaming us at this point.

Client asks for a refund, which leads to a month long problem.....

Our policy states that there are no refunds for dedicated servers, unless cancelled before the server is built and goes live (typically 3 days). The main reason for this is because the DC keeps the cash, they do not refund, thus the cash is "gone."

So, we offered the client a credit for his amount, to use for a reseller account. He accepted this as a resolution.

Our policy regarding this procedure, states thatonce we credit the client, and they accept the credit, they cannot go back and then request a refund.

Well, this is exactly what had happened.

We began our migration, and this client became aggravated with the minor issues here and there, that have been occurring with the migration. This of course is understandable, but it was also explained in detail to the client.

Nonetheless, the client says they are moving because of those issues, and they now want a refund. of their remaining balance.

The client begins quoting portions of our policy, that they think will help them, completely ignoring the above mentioned portions of the policies.

When these portions are pointed out, the client then claims that they never agreed to the TOS, because they never read it.

In any case, it boils down to....we declined his request for a $600 refund, and the client has now threatened to take further action.

While we're not worried about the client's "actions," we're worried how others may think of us.

I personally feel that while sticking to our policies, we are in the right, and we stand by that. Whether or not the client chose to read our policies prior to signing up or not, we feel that the client had every opportunity prior to, and during their stay with us to review them.

We of course are concerned about it coming off as ANM ripping this client off, which of course is not our intention, and I'm strongly against taking advantage of a client. However, with regards to our policy, and the policy of the datacenter, we simply cannot give this client a refund.

Please provide your input and let me know what you think.

Thanks
 
This type of situation (even as it is unavoidable in most cases) is a complex situation in terms of image. The affect that it has on your image is totally dependent on this client. Most likely, he won't pursue any type of legal action, and will forget about trying to get you to give him money back. Others, however decided to come to forums such as HD or even make entire websites bashing your company. One horror story can turn a customer off, but if given a chance to explain, it should come out in your favor. Anybody who takes the time to investigate the complaint themselves by simply looking at your TOS will realize that its a bogus claim for $600. You can count on the fact that he won't recommend you to friends though, which doesn't really affect your image as a whole, just word of mouth advertising.
 
Indeed this issue has blossomed into a nice 3-4 page thread about the issue over there.

I had a long talk with an attorney today, as well as a relative.

While only the attorney has impact or involvement with ANM, the relative provided some nice insight, as she too works in the service industry.

She is high up in the chain of RAC (Rent-A-Center). She explained to me, that while she too feels bad when she has to go get a television, etc....from someone who cannot afford it, etc...but it's part of the job. The customers agree to their TOS, and they have to obide by it, regardless of whether they read it or not. Some of the customers are shocked to learn what is in the TOS and try to fight it of course.

In any case, ANM's legal dept has advised us to talk very little about the actual issue between the client and ANM, and has actually advised us to take a less communicative approach, awaiting the client's next move.

So this is what we're going to do.

While I'm certainly saddened that I now need to sit by and allow this client to slander us. While he and I both know the truth, I will now have to "stand down" so to speak and wait for the outcome. In the meantime, our name will take a beating apparently.
 
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