Thread: Website Hosting - distance selling act?

Is this covered under the Distance selling Act?

I have been with a provider for around 9 months, after having a few problems they suggested I upgrade packages

The package I was on was controlled by a good graphical user interface that enabled me to do everything with very little technical knowledge

After ensuring I could backup and export my databases etc I upgraded

Within 12 hours of the upgrade and calls to their support line I informed them I wished to cancel the package as it needed much more technical knowledge and the control panel did not resemble what I had available in my old package

However, they have told me that the upgrade and setup fee is a minimum 3 month contract which I will need to honour, after much discussion they then agreed to refund my payment but only if I agreed to extend my original contract by 12 months

I refused both options, asked to speak to a manager and over the process of an hour was constantly told none are available.

I said that I'd got a right to cancel within 7 days under the distance selling act as I'd tried out the package and it clearly was not suitable - I was told that it did not apply and as they started to raise their voice to me they gave me the only option of complaining in writing

How long normally should they reply within and am I right in thinking the upgrade, which according to them does involve a new contract (so new purchase) is covered under the distance selling act?

Thanks

Exceptions to the regulations

The regulations do not apply to:

• financial services
• sale of land or buildings
• purchases from a vending machine or automated commercial premises
• the use of a public pay phone
• auctions, including internet auctions
• rental agreements that have to be in writing (i.e. a lease for three years or more)

There are also some partial exceptions. The information and cancellation provisions do not apply to contracts for: accommodation, transport, catering, and leisure services, including outdoor sporting events, but only where the supplier agrees to provide these on a specific date or within a specific period. In addition, the provisions do not apply to package travel, timeshare, and contracts for the supply of food, drinks or other goods for everyday consumption supplied by 'regular roundsmen'.
Also the right to cancel does not apply to the following, unless you agree otherwise:

• personalised goods or goods made to a consumer's specification
• goods that cannot, by their nature, be returned
• perishable goods (eg flowers, fresh food)
• un-sealed audio or video recordings or computer software
• newspapers, periodicals or magazines
• betting, gaming or lottery services
• services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement
• goods or services, the price of which is dependent on fluctuations in the financial market.

Conniff - I have previously read all of that which you have posted and still believe It comes under the 7 day cooling off period - from what I've told you is that your understanding too or do you think it may not be covered and if so then why?

Thanks

This is the bit that covers you Gaz:

"services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement "

If you have had nothing in writing then I believe you can cancel.

Thanks, just asked to be upgraded over the phone and within 12 hours I asked them to cancel as it clearly wasn't suitable

Will have to wait and see what the reply from them is now

Update

I've just had the following reply from them saying they are refusing to cancel the contract and I am not covered by the 7 day cooling off period

When the order was placed over the phone on 1 May 2009, you requested information regarding the migration of data and it was confirmed this formed part of the customer’s responsibility to transfer data across to the new server. You also requested information regarding the cancellation of your VPS account once the migration of data was complete and you requested confirmation on the price of the server and setup costs. You did not request information on the technical knowledge required to manage the account or details regarding the control panel setup and features available.

Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order was made.

If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts. In doing so, the Client forfeits their rights to cancel any agreement within the initial period (in your case this is three months) and to any cooling off period otherwise allowed. In order to retain these rights, we would not be able to commence any work whatsoever until the expiry of the relevant cooling off period. Whilst this information is made clear in our terms and conditions of service, it is also available on the Department for Business Enterprise and Regulatory Reform’s website.

As it stands and for the reasons provided above, a refund will not be offered for the dedicated server as you agreed for the service to begin immediately after ordering the dedicated server and did not contact Webfusion before this point to exercise your right to cancel. As far as ******** are concerned, the contract has not been breached and we have not received any evidence to suggest otherwise. We would be willing to uphold the offer Anisha made as a gesture of good will, whereby the dedicated server contract will be closed and server cancelled on the condition you agree to extend your VPS contract by six months. Please let me know at your earliest convenience how you wish to proceed.

The point is I was advised by them to ipgrade, at no point was it made clear of the increased technical knowledge needed and it does not make that clear on their website either. It says control is via a control panel and naturally I presumed it would be the same as the one I currently use which is an excellent GUI

So they're saying my cooling off period is only to allow me to change my mind whether I want their service and not to actually make a judgement on that service

is it a service though - as it's a dedicated server aren't I leasing/hiring it for my use?

It just seems like they're twising things to ensure they are not covered by a law to protect their customers/the consumer

Whar are your thoughts

What's my next step?

The fact Is it was suggested I move to a dedicated server due to issues of downtime so I really feel reluctant to be pressured in to extending a contract for a 'service' that may continue to be substandard

All this has done is turn me from a loyal customer to someone mightly annoyed with them and their attitude and looking to find a new company ASAP

As Conliff pointed out

services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement

What does durable media mean?
It it a printed letter/contract that I have, some hidden T&C on a website?

bump

Can anyone help regarding my update (last two posts) as they're now pressurising me in to replying and accepting either paying up or extending my contract when I don't want to do any