Please please help with one.com rolling annual contract

[m0jo]

A year ago I opened a website really just experimenting, i'd previously done one then after a year when the renewal came I didn't bother.

 

then out of the blue today I got this:

 

__________________________________________________

 

Reminder date: 9/24/09

Reference: #########.co.uk

 

Outstanding payment of order no. ######.

 

As of 9/17/09, we have not received payment for the amount outstanding

on your order.

 

In order not to burden you with further costs, we ask that you pay the

amount as soon as possible. We draw your attention to the fact that you

may incur further costs if the amount is not paid by 10/2/09.

 

Item description: Amount in GBP:

 

Balance due for order GBP 19.32

Reminder charge (invoice number 3495426) GBP 10.00

------------------------------------------------------------

New total balance due GBP 29.32

==================================================

 

I questioned this as I only intended to pay for 1 years use and no where on the site did it state this was a subscription service, rolling contract whatever.

 

and i got this reply

 

==================================================

 

Hello,

 

Thank you for contacting One.com.

 

As a promotion in UK, we are offering domain name registration/transfer

and 3000MB web space absolutely free for the first year. So all you had

to pay is a minimal setup fee of 9 GBP + VAT. However, for the renewal

of your account, you need to settle the payment for the webspace and

domain name.

 

According to our records, you only confirmed the cancellation of your

domain eazycad.co.uk on 9/24/09. The subscription ending date of your

domain is on 9/23/09.

 

We offer yearly subscriptions (12 months) which is automatically renewed

for the next period unless we receive the cancellation request 35 days

prior to subscription period ending. Since we have received your

cancellation request later than this period, you are still obliged to

pay the subscription fees for the current period.

 

Please refer to our Terms of Business (1.6. Cancellation of

subscriptions) for more information:

 

http://www.one.com/en_US/terms-and-conditions

Best Regards

 

==================================================

 

Am I best to pay?

Can I make a claim based on the fact the Terms were not clearly stated? I'm sure I've seen somewhere they have an obligation to clearly state it is a subscription, rolling contract service?

and what of the additional £10 can i challenge that?

 

I offered to pay what I initially paid for the website £9 which i thought would be fair but they refused

 

 

Thanks for reading, any help is greatly appreciated!!

[m0jo]

hmmm i probably picked the wrong place to post this.

 

Ok,

 

can anyone help me obtain the directors name for 'one.com webhosting' so i can begin my claim? or can i do it based on the information I have Registered Business Address and phone number.

 

And can i ask them to produce all the legal documentation they hold on me also? under the data protection act? what am i required to do for that?

 

Thanks

[AWC]

This is their registered office, would be a good place to start?

 

ONE COM LIMITED

LITTLEWICK COTTAGE

BASHLEY COMMON ROAD

BASHLEY

HAMPSHIRE

BH25 5SH

Company No. 03724414

[m0jo]

Thanks AWC you got me thinking now from the one.com website it unclear

 

i thought the company was ONE.COM WEBHOSTING LIMITED

http://www.ukdata.com/creditreports/viewCompanyDetails.do?companyId=06236486&only-match=1

but i will admit i'm not sure :-|

823 SALISBURY HOUSE, 29 FINSBURY CIRCUS, LONDON, EC2M 5QQ

i'll send them a dis****led letter and then make a claim i think, would just help if i had a authoritarian figure to address it to.

[Conniff]

It does say this on the very first page:

 

Subscription periods last for 12 months at a time. 35 days before a 12-month subscription period, the subscription is automatically prolonged, unless the subscription is cancelled as stated below in pt 1.6.

In relationships between consumer and retailer, a right of withdrawal exists by which the customer has the right of

withdrawing an order until 14 days after placing the order but domains are unique and web spaces are individually

manufactured and customized for the domain. For a faster delivery of the product, One.com will usually begin the manufacturing and customizing of the product as soon as the order is received.

By ordering, the customer accepts that any right of withdrawal will be dismissed as soon as One.com has started processing the ordered product.

 

1.6. Cancellation of subscriptions

A subscription can be cancelled at any time by the customer. Since the subscription period lasts for 12 months and is

automatically prolonged 35 days before the end of each 12-month period, a cancellation must be received by One.com 35 days before the 12-month subscription period, at the latest. The unused portion of any advance payment will not be refunded. If the cancellation is not sent to One.com in time, the customer is obliged to pay the subscription fee for the following 12-month period.

 

So it don't look too hopeful I'm afraid.

Edited September 26, 2009 by Conniff

[waronwant]

It does say this on the very first page:

 

 

 

 

 

So it don't look too hopeful I'm afraid.

 

 

In that first segment, one.com is attempting to write off the consumers basic rights. You cannot sign your rights away. You have the right of withdrawal. I believe this is an illegal term in the contract, and doubt it would be enforced.

 

A contract must be agreed to by both parties. You have agreed to a one year contract, you did not agree to a second year. It's been discussed to death that contract law states that in a court a company will only be able to claim back any monies that it has been cost by a breach. If you haven't contacted them within 35 days, and these 35 days are days which you haven't paid for, then the 35 days is all that's outstanding, surely?

 

I've cancelled with one.com today - the end of the subscription period for the 1 year is 23rd March 2012, they're saying that I have to pay them until 23rd March 2013. Yeah, good luck with that, one.com! Lol.

 

I'm absolutely digging my heels in; they want me to pay them because I'm NO LONGER using their service? That's ludicrous, and as far as I'm concerned it's theft. Bottom line is, if we let them away with it, they'll keep doing it.

[Conniff]

This thread is almost 3 years old.

[waronwant]

I'm aware of that. Is it any less relevant?