« Currently STILL on my mind: Webfusion server downtime »
December
If you are an existing Pipex / Webfusion customer and are experiencing repeated problem with service levels, support and downtime for your web site(s) I strongly urge you to report them to Trading Standards and to the BBC's Watchdog. If enough of us make an issue, perhaps something will be done!
Yet More mashed Mango from Webfusion!
14th, more downtime
Not that I don't trust them, but I've moved my domains to another Registrar!
Terms to consider (Source: BBC Watchdog) :
- Unfair Contract Terms Act 1977
- Controls `exclusion clauses` and `limitation clauses`.The Act gives consumers greater protection than businesses. Exclusion/limitation clauses will often be ineffective as against a consumer.
- Exclusion clause
- A clause in a contract whereby a contracting party seeks to exclude himself from liability (e.g.
Cars parked at owner's risk
). - Limitation clause
- Clause in which a party to a contract seeks to limit his liability to a particular sum of money, or otherwise to restrict a right of action (e.g. by imposing a time limit on notifying a claim).
- Unfair term
- The Unfair Terms in Consumer Contracts Regulations 1999 govern unfair terms in standard form consumer contracts (i.e. contracts where there has been no scope for negotiation). An unfair term (as defined by the regulations) will not bind a consumer (e.g. a clause on a public car park notice which purports to exclude liability for personal injury is `unfair` and thus ineffective in a claim brought by a consumer against the owners of the car park).
- Supply of Goods and Services Act (SGSA) 1982
- Implies terms into work and material contracts and service contracts. For example, where work is supplied in the course of business it makes it a term of the contract that it will be carried out with reasonable care and skill.
Back to Trading Standards, over to Watchdog, off for legal advice, then fired off yet another email to them:
Why am I not surprised you failed to get back to me by email or phone over this ongoing problem, where-ever I look on the Internet people are up in arms about the deplorable service and downtime with your company since you merged with Webfusion!
Needless to say, the Mango server was offline AGAIN this morning.
Rather than queue and remind you and your technical staff to -gasp - do your job - I went back to Trading Standards and pointed out the plainly off-line web sites.
As for the idea of moving to your VPS system, this thread at WebHostTalk, like many others around the world, tells all I need to know and that daft idea: [ www.webhostingtalk.com/showthread.php?t=466618 ]
Meanwhile I would like confirmation that my wife's and my own debit cards have been removed from your records and that you understand and acknowledge we categorically have no intention of renewing or extending our hosting with you.
We really don't want the fiasco we had earlier in May where you triple billed us for hosting then laughably claimed you couldn't refund us as you didn't have our card details...
You will be hearing from my solicitor in due course.
~
Report to Watchdog:
I'm keeping a log of my own hassle here [ ] and here [ ] though a quick search with Google etc will list large number of similarly frustrated and angry people.
The companies stance - and this is in their T&C - is this "if we are negligent, we are not liable for your losses"
Pretty much, they have the money in advance and if you aren't happy, leave - but they keep the charges.
Trading Standards to the rescue
Just spoke with Trading Standards, who are talking to their counterpart in Nottingham. It seems that because I am an individual and not a trader or business, some of Pipex's carefully worded agreement don't apply. For a start they are not allowed to opt out of The Supply of Goods and Services Act 1982.
Read this: Buying services - your rights.
It's also possible they fall foul of The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999
.
Basically, I've paid for a service - web hosting - which they are unable to reliably supply - and whether they like it or not, they appear to be in breach of contract. I was given the impression of a 99.9% uptime and it is absolutely nothing like that.
Fired off another email to Pipex:
Attn Rory Hetherington, Andrew Tellwright, Senior management.
Dear sirs,
Have to say, I'm REALLY not happy.
For a start I neither like nor trust you enough to sigh another full year contract with a VPS given your current deplorable record.
This is doubly emphasised by the fact, yet again, I had to call today to complain that the Mango server was offline to HTTP.
Added to this, despite a rather long call to customer services this morning no one has bothered getting back to me yet. Clearly 'Customer Service' is a misnomer in your office!
Anyway, finally exasperated with the lot of you I have raised the matter with Trading Standards.
Bearing in mind I am an individual and not a trader or business, it appears you are in breach of contract for the continual and repeated downtime.
Just spoke with Trading Standards, who are talking to their counterpart in Nottingham. It seems that because I am an individual and not a trader or business, some of your carefully worded agreement don't apply. For a start they are not allowed to opt out of The Supply of Goods and Services Act 1982.
Read this: Buying services - your rights
It's also possible you fall foul of The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999 .
Basically, I've paid for a service - web hosting - which you are clearly unable to reliably supply. You sites claim 99.9% uptime, yet it was barely 50% in November and has been repeatedly offlineline this month. Indead on several occasions it has only been rebooted / sorted when I phone up myself to report the fault.
And I quote: Source: [ www.webfusion.co.uk/hosting/reseller.php ] We'll take care of server and network maintenance for you
It is not without irony that I also note also reference to your 99.9% uptime have been removed with the exception of dedicated servers.
Pretty much, I'm fed up with the lot of you and if something isn't sorted I will not hesitate to sue you for breach of contract. I will also look at contacting your company directors personally and taking any other action appropriate to settle the matter.
~ Paul Ackerley
December 13th: Damn their hides!
This is really, really, REALLY getting on my nerves now. The HTTP failed on the Mango server again today, taking down my web sites once more, but it's OK, the agreement categorically states that if they are negligent they are not liable. No refund, no compensation, not even the need to apologise.
All done being nice. I have reported them to Trading Standards (yet again) and am changing my signature on all the forums I haunt to include this:
I wouldn't touch Pipex/Webfusion/HostEurope hosting with a bargepole!
I mean, why is it me that has to report the downtime, they have engineers for this! No more being nice. I may not get satisfaction myself, but I intend to make sure as many webmasters as possible are aware of just how little regard they appear to have for their customers once the cheques are cashed. Given the number and nature of the the forums I frequent, I hope Pipex enjoy the bad press…
Not that they need my help. If you search for 'Webfusion Downtime' the net is full of irate webmasters, virtually everyone mirroring my concerns. As for the idea of VPS with them, forget that, a thread at WebHostTalk is rather pointed when it comes avoiding this like the plague.
December 9th, 2005. Not a good day to be a Pipex customer!
I was in a good mood right up until I tried to look at one on my web sites hosted on the Mango server. Or any of them really. They came back online eventually - about the time I'd queued for a while for customer service and vented rather a lot of polite righteous anger at the person covering for the manager. Needless to say he got an indignant email too.
Here's the reply from the guy I spoke to first:
Hi Paul,
I am writing to you with regards to our conversation about the problems you have experienced with your server.
Having referred the matter to my manager I can confirm that if you were to updgrade to a VPS then you would be due a pro rata refund for the remaining period you have left on your current account. Unfortunately, if you were to sipmly cancel your account then, despite the problems you have expereinced on your server, we would not be able to offer you a refund. Indeed, as we have no stipulations under our terms and conditions that would entitle you to compensation in this instance I am afraid that we would unable to offer any if this course of action was taken.
I believe that you have been in contact with my manager with regards to the Mango server itself. I can confirm that he will be in touch shortly concerning the issues you raised.
Whilst I do appreciate that this may not be the response you had hoped for, I hope it provides you with the information you require. If you have any further enquiries then please do not hesitate to contact me and I will be happy to help.
Kind regards
Rory Hetherington
PIPEX Hosting Customer Services
PIPEX
Personally I think I'd rather get a refund and move elsewhere after all the hassle I've had, but a credited upgrade to their Linux VPS Value (billed monthly) will get me off that Mango server. One thing is for sure, I'm not getting suckered into an annual account with anyone again.
Blasted Webfusion / Pipex!
Yet again, the Mambo server goes pear shaped!
Email to Pipex customer service (and support):
It is with great delight that I observe issues with the Mambo server once again.
That was deep rooted sarcasm by the way!
FTP is fine, it just doesn't appear to be serving webpages. Got to love a web server that's so disfunctional, so frequently, hmm!
Yet again - like with yesterdays downtime - you apppear to maintain a policy of not telling anyone. Makes a joke of your claim of 99.9% uptime and
[ Why choose WebFusion? 99.9% Connectivity - We make sure that your site is available day and night. ]
Yours in complete and utter disgust,
~ Paul Ackerley
(9.00pm back up)
And explaining the great plunges in my server logs for the weekend…
Mango webfusion server
Sunday, December 04 2005 @ 05:51 AM
Contributed by: Support
The Mango webfusion server is currently having problems with its web service (http requests), other services such as ftp and mail appear to be still functioning. Our engineers are currently investigating this further.
------------------update 06:15--------------------
The web service is again functioning on the Mango server. Pipex apologises for any inconvenience caused.
