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Old 28th June 2008   #1 (permalink)
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Forum Administrator - Missing the Point Rapidswitch reported to Police for data theft

On the thread Rapidswitch reported to Police for data theft and sabotage

You locked the thread and said this:
Thread Locked, some posts removed.
Issue apears to be mostly client at fault, evidence supplied showing Rapidswitch did tell the client the custom OS would not be supported and a full refund was/is being issued hence termination of services.

You are missing the point completely. The complaint is not about termination of the Linux server that was the subject of iso install which did not work through their online tools as sales originally said it should. Nobody would have a complaint like this over some wrong information from a sales person. Rapidswitch was simply asked to either refund money paid for this particular server or provide the working tools for iso install original promised by sales. This was put to them in writing after unsuccessful attempts to talk with someone senior in management about the issue who refused to talk with client saying that management is not involved in customer support issues.

However management got involved without consulting at all with client by shutting down all services to client. The problems, loss of data and financial damage they inflicted like that on the client resulted from their shut down of a totally different server, server that was the subject of a seperate order with seperate server ID and seperate invoice, a server that was active in service with several people in a development team working on it intensively for 9 days. Rapidswitch shut this server down without any prior notice, refusing access to move data, thus severing hundreds of man hours and causing the client to loose more than 10,000 pounds worth of work which went down the drain due to Rapidswitch.com decision not to give access to move data from this server or the backup server.

It should be stated here for the record that there is nothing in the Rapidswitch terms and conditions that allows them to do this on a server that has been fully paid up and that has not been engaged in any kind of spam or other similar disapproved practise. A writ is being issued against Rapidswith Ltd for recovery of the loss.
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Old 28th June 2008   #2 (permalink)
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Sorry mate,

But why on earth did you post this again. Personally. I would shut up, wind my neck in and get my money back. Stop embarrassing yourself by going public with this... If you had any business brains; you would follow the necessary legal route to “claim” your “losses” back.

Don't expect the police to do anything about this... they won’t even know what you are talking about. As far as I can tell, the fault is yours and yours only. You are the one that tried to get support for a none supported product. Cleary this is the typical case of trying to save more than a few quid and moaning about the lack of support. As people have said in the other thread, if its business CRITICAL pay the EXTRA. It’s really that simple... I wouldn’t expect you to know as all you can think about is your loss of £09823769824750347589347 (Yeah Right)

It is very clear you have no brains what so ever and are generally about as bright as two short planks.

Do yourself a favour, get a lawyer, and then try to sue. See what happens.

I see no error on the admin part; they did what they should have done. Closed the thread before it got out of control and everybody just ripped the chuff out of you.
/ rant over.
Have a good day.
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Old 30th June 2008   #3 (permalink)
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There's usually a limitation on liability in contracts... So before you spend too much cash on trying to claw back money, you ought to see what this limitation is, and whether you feel there is cause for this to not to stick in court.
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Old 30th June 2008   #4 (permalink)
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Exclamation Two sides...

While we don't have both sides of the story here, I think that I can understand the OP's point of view here - he wasn't disputing whether Rapidswitch were correct in cancelling their second server as it clearly wasn't 'fit for purpose' at least as far as the OP was concerned, he was disputing the immediate disconnection of his first server that as far as he was concerned was operating perfectly, no problems with service, all invoices were paid to date, etc, etc.

I think the immediate termination of the OP's first server which was not even relevant to this discussion was surely a breach of contract as surely a period of notice, however short (say, 72 hours), should have been given so that the OP could have got their data off the server.

I know that the safety of a customers' data is their responsibility but no backup is *ever* 100% up-to-date with what is currently on a live server.

As it stands, if I were Ed and didn't want anything further to do with the OP, I would at least offer to sell him the disks from the first server at cost + postage because if what the OP says is true, any dissatisfied customer of Rapidswitch is going to think twice before making a complaint about their service lest their server gets pulled and their data goes down the crapper.

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Old 1st July 2008   #5 (permalink)
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If the data lost was so critical, and valuable, why didn't you have backups?
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Old 1st July 2008   #6 (permalink)
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Quote:
Originally Posted by alexcf View Post
There's usually a limitation on liability in contracts... So before you spend too much cash on trying to claw back money, you ought to see what this limitation is, and whether you feel there is cause for this to not to stick in court.
If only one of our new clients would understand that... they are currently refusing to sign unless we remove the limitation of liability clause from the contract (which we won't do). They reckon as we have liability insurance that there is no need for the clause. Mental
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Old 1st July 2008   #7 (permalink)
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I would imagine the client threatened to chargeback all paid to RS, so RS were quite right to disable all servers and refund.
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