Quote:
Originally Posted by TheSquealer
I'm always a guy to argue for personal accountability but to me, his situation goes beyond contract terms.
We all sign contracts without reading them. We all accept terms and conditions (often many times a day) without reading them. We all make assumptions as to what is reasonable, fair and ethical and we all enter into agreements in good faith that we'll be treated fairly. We do not expect someone to hide shitty clauses designed solely to cause needless financial harm to a customer.
It's not like he got a great deal on servers and Choopa went deep into their own pockets upfront. The ass raping of their own customer by Choopa started on day one and they simply try to continue it because some ass clown who clearly wasn't an attorney added some greedy "fuck you" language to the agreement.
As I've read (skimmed) it, basically choopa is banging his card under the premise of the contract auto-renewing should he fail to contact them within a very narrow window as if it was a $29.95 gym membership. First, I am lot an expert in contract law but I've never seen a contract which "renewed" at the time of its expiration, which wasn't on a month to month basis. The only real reason to do that in the business world is to ensure there is an agreement in place or which remains in force no matter what. It's not a way to sucker idiots into a second commitment of the same term as the first. I would guess that provision is neither legal not enforceable. Just because two jerkoffs agree to stab each other in the face with a knife, that does not mean the agreement is legal. This also all crosses into a large body of US law relating to unfair business practices.
He should have known what he was signing.
He should have done his homework and shopped around for servers.
I seriously doubt that clauses is legally enforceable or even compliant with Visa/MC merchant requirements.
I'd take it to my bank and let them decide... then I'd accept the decision.
This is still nothing more than cunty behavior from a cunty hosting company. It's not a way to conduct business by anyone's standards... Particularly in such a competitive space.
|
This post rules

I want you to be my attorney.