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SA Refund Crazy Domains

Discussion in 'Commercial Law Forum' started by squirrel333, 22 August 2014.

  1. squirrel333

    squirrel333 Well-Known Member

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    I have been going around in circles between various Government Agencies, ACCC, auDA and not getting anywhere. Can anyone advise where to go now about getting a refund from Crazy Domains for not providing the service that I have paid for under Australian Cosumere Law?

    Their website, namely their Reseller Account, has false and misleading information on it that I relied on to sign up as a Reseller.

    Any advice would be appreciated.
     
  2. John R

    John R Well-Known Member

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    DennisD likes this.
  3. Tim W

    Tim W Lawyer

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    1. If you are a reseller, then you may not be involved in a transaction to which the ACL applies.

    2. If they contracted with you to do something, and they have not done it,
      then you may have an action in breach of contract.
     
    John R likes this.
  4. Rod

    Rod Well-Known Member

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    This is essentially a civil dispute between businesses and your only remedy may be the local magistrates court if they are refusing your request.

    Make sure you have a copy of their misleading terms. It is very easy to change policy/terms of online documents. Write to them and give them your reasons for a refund and give them 7/14/30 days to give the refund. Effectively it is a demand letter and should be your first step.
     
  5. squirrel333

    squirrel333 Well-Known Member

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    Thank you for everyone reply, this is the situation:

    I signed up for the reseller program relying on the information on their website being accurate and correct but unfortunately after signing up I find that a lot of the information on their reseller page of their website is false and misleading.

    Here are a few examples:

    They claim to have 24/7 chat, this is false.
    They claim to have dedicated account managers 24/7 available via live chat, again this is false.
    They claim to have 24/7 email service, again false
    They claim to have award winning customer service, again false.
    I can not logon to my reseller account as it is an untrusted website
    Their website clearly says that I can set up my own price, again this is false. You can not even match the price of Crazy Domains so how can you compete?

    I have sent a letter of demand and they have refused to offer a refund

    I have contacted the AUDA and they have said that the AUDA Code Of Conduct (Section 7) which I am saying Crazy Domains are in breach of does not relate to what I am disputing I disagree. But they will not take this case any further.

    The ACCC took my complaint as replied by saying "Thanks" and that is about it.
     
  6. Rod

    Rod Well-Known Member

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    Your complaints have to do with customer service and not the provision of domain names themselves. I'd not expect auDA to get involved over customer service.

    Looks like court/VCAT/your local equivalent tribunal are your best options.
     
  7. squirrel333

    squirrel333 Well-Known Member

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    Thanks but my understanding is that Section 7 of the auDA relates to false and misleading information on a .au website.
    Crazy Domains claim to offer these services as part of the reseller account but they do not, that is false and misleading information on their website.

    Anyways, that is just my understanding. Here in South Australia we have no equivalent to VCAT so I have lost my money for signing up to their reseller account. I guess that is what Crazy Domains relies on as a scam.

    Thanks for your advise anyways, much appreciated.
     
  8. John R

    John R Well-Known Member

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  9. squirrel333

    squirrel333 Well-Known Member

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    Firstly my apologies for not keeping everyone up to date with my case with Crazy Domains I have been busy fighting them and other personal issues. OK, where am I at with Crazy Domains...

    They ignored my Final Notice (Form 51) so I lodged a claim through the SA Magistrates Court. Their Lawyers contacted me and said that if I continue my claim through the SA Magistrates Court I would be in breach of contract and they would commence legal action against me through the courts in Western Australia.

    I took this as them trying to intimidate me and hoping I would back down, well I am not backing down.

    I had a direction hearing in the 12th of November and the Magistrate said that they (Crazy Domains) need to provide me with a refund or be prepared to go to trial on the 1st of December. So a win for me so far.

    Have had no refund yet but I am prepared to go to trial.

    Upon doing more research today I noticed that the ICANN have Crazy Domains on Notice for Breach Of Contract.

    https://www.icann.org/en/system/files/correspondence/serad-to-collins-14nov14-en.pdf

    I will keep you up to date of the progress.
     
  10. RubyR

    RubyR Member

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    Hi squirrel333

    Just wondering what the outcome of your action against Crazy Domains was.

    I'm about to take similar steps for similar reasons and came across this thread.

    Any information would be appreciated.
     

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