We received a phone call followed by a business proposal from Digizip @ 168 Irving Avenu, Suite 302 Port Chester, NY 10573 providing phone service at a wholesale cost with the offer to take over our existing phone lines stating AS IS for our 8 lines which included 2 DSL lines.
The proposal agreement addressed to Emby Hosiery Corp. Clearly states:
"I hope all is well for you today. Thank You for the opportunity to present our business proposal. Below is the full definition of our services. Again, same exact phone service at a wholesale cost, nothing changes, Digizip will bill you moving forward"
The proposal clearly offered DSL lines at $49.99 per month per line.
We signed the agreement January 12 for our existing 8 lines which included 2 DSL lines with an undeerstandingthat in order to get the DSL lines for $49.99 per month per phone line we needed to enroll for 12 months.
Digizip, with their admission could not provide DSL as provided for in the agreement.
We were left without the DSL lines which hurt our business and made it necessary to cancel their service as of March.
Acccordingly, Digizip sent the final invoice along with numerous emails marked "FINAL BILL ACCOUNT CLOSED" for the partial services they provided for which we paid in full.
On or about seven monthsthereafter, November we received a "Termination Fee" from Digizip assertinga fee is due for our cancellation of the serviceswhichDigizip, by their admission, could not and did not provide according to their agreement.
Although we feel that we were mislead by Digizip, Mr. Gregg Schneider at Digizip claims that we owe for the cancellation plus finance charges and submitted the claim to the collection agency which currently is in the amount of $2753.08.
We allege that Digizip is in breach of the agreement and/or may have violated the law regarding Bait and Switch.
Documentation supporting our claim is available upon request.
List of debtors for Digizip is available upon request.
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