This concerns the hosting of a website on a server owned by a French company selling "almost ready made websites". We are tryng to prove that the "delivery confirmation" note is flawed. They make the client sign the same day as the contract saying "the client has received the hosting space : www name of the server/www domain name not yet purchased".
Q: On a server is it possible to reserve or see and thus accept that you have seen, the space where a future website will be stored?
I say "no" because:
In France there are about 30 000 victims of this selling method called "One-Shot". Each victim has paid between 6000 and 10000 Euros for a 4 or 5 year lease on space on a server. Total scam 200M€+
Thanks to anyone who wishes to offer some help.
Actually the empty sectors can be seen for diagnostic purposes by the company who runs the server. It’s true that customers don’t normally have access to such low level information but it’s not relevant to customers anyway because as you say in point 3. It’s impossible to say what sectors will be hosting the webpage.
A customer’s data will never be assigned to a specific group of sectors on one hard drive. Normally it won’t even be assigned to a specific server and for best practice data should be kept on different servers at different sites for backup purposes.
So in answer to your question the customer does not see the space that will hold his data it’s just not possible, the company itself will decide how and where the data is stored as and when it is uploaded.
As for accepting the space or accepting anything for that matter, you don’t need to see something to accept it.
The customer presumably has some sort of agreement with the company stating how much space the customer gets and for how long. This might be in writing or it might be an online type of agreement between the 2 parties.
When the customer gets this agreement or sees it online then delivery can legally be said to have taken place. That’s how it works in the Uk anyway.
What other way could you say that delivery has been taken when the space is not actually physically delivered.
I have never heard of this scam you talk about. Are you saying that the people sign up for the storage space and do not receive it. Or is it just a technical point about the wording of the delivery note.
answered Mar 04 '13 at 12:41
There has to be some sort of information somewhere, anywhere, which tells the customer what they are getting.
It doesn’t necessarily have to be in the signed agreement or delivery note. Sometimes there will be further details on the website itself of the amount of space you get included in a lease or a certain package that you take with a company.
The delivery note certainly lacks detail but signing it means you are agreeing to the terms set out on the website or wherever they may be.
The problem with focusing on the delivery note is that a contact can be legal even if it’s just agreed verbally, signed contracts are normal practise in order that both parties can, if necessary prove legally what was agreed but they are not required under contract law.
This means that even if you manage to prove the delivery note to be flawed which for the purposes of proving what was legally agreed it may well be, this may make no difference to the contract / agreement.
I would ask, are all 3 required elements there for a legal contract, in the Uk these are:
The customers are told they have the lease on space for 5 years but if they are not told anywhere about how much space they are getting then how can there be any consideration or acceptance.
If there are no terms and conditions given to the customer then how can they legally accept the contract?
They can’t because they have to know what they are accepting in order to consider it and accept it.
answered Mar 05 '13 at 07:19
I didn’t actually realise until now that you were talking about salespersons calling to the house. I thought this was about an online sale where people were signing up over the internet.
From what you have now said, I totally agree with you that the delivery note is flawed.
Am I still missing something because this now seems to be an open and shut case.
No one would knowingly sign up to such a one sided deal as this and as I said in my last post, due to the lack of detail in the delivery note, I don’t see how it could be used by the company to prove in court what was agreed.
The company may argue that the customer was made aware of the disproportionate charges but how can they prove this when as you say, the signed paperwork has no detail.
The company may argue that the customer was notified of the charges verbally at their home but as you say verbal contracts won’t hold up in court.
As I see it the delivery note is not only flawed, it also serves as evidence to prove that the customer was kept in the dark or misled about the disproportionate charges.
Also regarding the finance companies you talk off, in the UK we have the “Consumer Credit Act” which protects customers. Basically the finance company is liable for things such as unfair or unfulfilled contracts and it’s up to them to rectify the issue or compensate the customer. Is there anything similar in France.
Is it possible to get a large number of customers together and make a case against these companies or bring about a change in the law.
One thing that would put these scammers out of business is a change in the law. It seems crazy that just because you are a professional you don’t have a cooling off period.
answered Mar 06 '13 at 11:01