The Salt Lake City Better Business Bureau recently ruled in favor of Heritage Web Solutions concerning my case. I thought this would be a slam dunk in my favor.
My web site never worked properly, the tools they provided to change the appearance of the website myself didn't work. The "quick upload" which I paid an extra $200 for, kept crashing in the middle of downloads.
I decided input the products and descriptions one at a time. They didn't tell me that I couldn't or shouldn't "copy and paste" from word or anything else, when I did it made my whole program crash and they charged me over $200 to fix it.
If I canceled before the 90 days, it would have cost me $1,100.00. So I decided to stick it out and try to work with them. I had to pay for a whole year of web hosting anyway.
After the year was up, even before that, I was totally fed up. So I filed a complaint with the BBB. Spent hours and hours digging up information, timelines, emails to support my claim. Then when it finally went to arbitration, I had to do it all over again.
The only thing the arbitrator had to say was that I could have canceled within the 90 days. He denied me any refund.
I highly recommend reading their (TOS) because they will hold you to everything and so will the Better Business Bureau. Here are some main points to pay very close attention to. I love the last point I included. That should have set off the warning bells. Hopefully you will not make the same mistake I did.
Terms of service (tos)
Congratulations on choosing Heritage Web Solutions!
Domain names purchased by HWS and website designs, databases, stores, or programs created by HWS are the property of HWS until Client has paid all fees including one full year of monthly hosting.
Once work has begun on enhancements purchased by the client there is No Refund if cancelled.
Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a client cancels an enhancement the original sale is not cancelled.
22. Domain Names Purchased/Hosting Agreement
Client agrees to a one year hosting commitment with HWS.
24.90-Day Satisfaction Guarantee
HWS is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If HWS does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.
25. Billing Policy
... Hereby requests that HWS renew and bill monthly hosting fees every 30 days, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.
27. Termination/Cancellation of Services
If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy.
Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year.
29. Cancellation Fee and Refund Policy
WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts cancelled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:
A) A minimum of a 50% cancellation fee will be retained by HWS on cancelled accounts even if no work has been started and no content yet submitted by the Client.
B) A minimum of a 75% cancellation fee will be retained by HWS on cancelled accounts if work has been presented to the Client; or HWS has made multiple attempts to work with the Client, and Client has not responded to those attempts.
C) A 100% cancellation fee will be retained by HWS and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by HWS.
D) 100% cancellation fee will be retained and NO REFUND will be issued by HWS if Client cancels after 90 days from the initial sale.
MINIMUM CANCELLATION FEE Client agrees that a minimum cancellation fee of 50% will be retained by HWS on all cancelled accounts even if no work has been started.
ENHANCEMENT SALES - A 100% cancellation fee will be retained by HWS and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores etc.
MONTHLY HOSTING Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.
44. Arbitration
In lieu of litigation, Client agrees to binding arbitration if requested by HWS. Arbitration will be through the Better Business Bureau or other neutral third-party Arbitrator to be selected by HWS. If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. (See Billing Disputes) Get that. The BBB or other neutral 3rd party selected by HWS. Wonder why the client can't choose a neutral 3rd party?
41. Negative Comments/Slander
Client specifically agrees not to engage in negative comments or slander regarding HWS, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding HWS in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition HWS will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each hit to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, HWS shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorneys fees.
The following is a report on Heritage from the BBB.
The BBB processed a total of 205 complaints about this company in the last 36 months, our standard reporting period. Of the total of 205 complaints closed in 36 months, 134 were closed in the last year.
Advertising Issues BBB Definition:
Advertising Issues - Claims alleging print or electronic media advertised claims or practices misrepresent the service or product offer.
Administratively Closed BBB Definition:
Administratively Closed - The BBB determined that the complaint could not be satisfactorily settled using standard methods of voluntary dispute resolution
1 - BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.
Contract Issues BBB Definition:
Contract Issues - Claim of alleged failure to honor contract or agreement, work performed without authorization, or invalid contract.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
9 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
22 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Administratively Closed BBB Definition:
Administratively Closed - The BBB determined that the complaint could not be satisfactorily settled using standard methods of voluntary dispute resolution
1 - BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.
Billing or Collection Issues BBB Definition:
Billing or Collection Issues - Claim alleging billing errors, unauthorized charges, or questionable collection practices.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
6 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
7 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Sales Practice Issues BBB Definition:
Sales Practice Issues - Claims of alleged sales presentations made in person or by telephone that contain misrepresentations of the product or service, high pressure sales practices, failure to disclose key conditions of the offer, and verbal representations not consistent with written contractual terms or agreements.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
9 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
10 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Delivery Issues BBB Definition:
Delivery Issues - Claims alleging delayed delivery of ordered merchandise.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
7 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
8 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Service Issues BBB Definition:
Service Issues - Claims of alleged delay in completing service, failure to provide promised service, inferior quality of provided service, or damaged merchandise as a result of delivery service.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
8 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
1 - Company offered a partial (less than 100%) settlement which the consumer accepted.
1 - Complaint was settled through arbitration BBB Definition:
Arbitration - http://www.dr. BBB.org/ComSenseAlt/bindArb.Asp
in accordance with their BBB agreement.
37 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Customer Service Issues BBB Definition:
Service Issues - Claims of alleged delay in completing service, failure to provide promised service, inferior quality of provided service, or damaged merchandise as a result of delivery service.
BBB Definition:
Customer Service Issues - Claims alleging unsatisfactory customer service, including personnel's failure to provide assistance in a timely manner, failure to address or respond to customer dissatisfaction, unavailability for customer support, and/or inappropriate behavior or attitude exhibited by company staff.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
9 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
22 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Guarantee or Warranty Issues BBB Definition:
Guarantee or Warranty Issues - Claims alleging failure to honor the terms regarding guarantees or warranties.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
1 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Product Issues BBB Definition:
Product Issues - Claim alleging a product does not meet the expectations of the complainant, including defective merchandise.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
6 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
6 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Refund or Exchange Issues BBB Definition:
Refund or Exchange Issues - Claim of alleged failure to honor company policy or verbal commitment to provide refunds, exchanges, or credit for products or services.
Resolved BBB Definition:
Resolved - The company resolved the complaint issues.
12 - Company resolved BBB Definition:
Resolved - The company resolved the complaint issues.
The complaint issues. The consumer acknowledged acceptance to the BBB.
2 - Complaint was settled through arbitration BBB Definition:
Arbitration - http://www.dr. BBB.org/ComSenseAlt/bindArb.Asp
in accordance with their BBB agreement.
19 - Company addressed the complaint issues. The consumer failed to acknowledge acceptance to the BBB.
Administratively Closed BBB Definition:
Administratively Closed - The BBB determined that the complaint could not be satisfactorily settled using standard methods of voluntary dispute resolution
1 - BBB determined the company made a reasonable offer to resolve the issues, but the consumer did not accept the offer.
Alan
International Falls, Minnesota
U.S.A.
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