ED Magedson – Founder
Heritage Web Designhitwebdesign.com/tos.html Internet United States of America
Where should I start... It's the same old story. I was "got" by their sales team.
Since November of 2008 I signed a contract with Heritage/HIT Web design. The work quoted was 3300.00 and was told to pay 1650.00 to start the job. We paid out of pocket for a content writer and were given a link to the website. It took almost 4 months to get there. Ever since, we have been giving the run around about the programming. We worked with Olan, Jared, Kimberly and another programmer I cannot even remember the name. NOTHING. We went back and forth, at times, there were long stretch of silences... We finally decided to just end the relationship and asked for what we paid for.
Elisa Senior Customer Service Agent HIT Web Design
said we could not speak to the owner of the company because he would pass the information on to her to handle. I told her I didn't want to deal with her because she was unprofessional and didn't care about helping us. She said I had no other choice. She also claimed that 70% of the programming was done and that we had to pay the difference. Now mind you, we didn't care because we just wanted to end the nightmare. We wanted to move on. We agree to let them finish the 30% and go on our merry way. It's been months. NOTHING!!! Their programmer would make appointments with us on several occasions. He would not call and we had to reach out to find out what went on. We finally decided that we would make a last attempt this is the email I sent below and Elisa's reply to me:
Tuesday, September 29, 2009 10:57 AM
Subject: OUR ACCOUNT
Elisa, We tried to work things out with you because you claimed 70% of the programming of our account was done. This was a couple of months ago. Unfortunately, our programmer has not reached out to us to go over the work he's done. He's cancelled every appointments with and without notices. Now there is nothing but silence. At this point, we are forced to take this to our legal representative. We have paid for services that we have not received for almost a year. The back and forth is not yielding any results. We will see you in court. You are used to it by now I am sure. Thank God we kept every last piece of communication between us and your company!
HER REPLY TO ME:
... I am assuming that you wish to cancel the account at this point. Therefore, I will be canceling it today unless you state otherwise. In the event you wish to pursue litigation, there are some things your attorney should know. Section 46 of the TOS establishes the courts in the State of Utah, County of Utah as the courts having jurisdiction in all legal matters. It states in part: 46. Jurisdiction This agreement shall be governed exclusively by the laws of the State of Utah, USA, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Utah.. Should you decide to litigate in any other jurisdiction, HIT will engage legal counsel in that jurisdiction. However, HIT will not litigate the merits of the case. Our legal counsel will have the jurisdiction referred to Utah. This Jurisdiction provision has been challenged in the courts before and the courts have consistently upheld this provision. If we indeed are at an impasse as far as being able to resolve this issue between ourselves, Heritage would propose arbitration rather than litigation. Rather than go to the expense of hiring attorneys and dragging the issue through the courts, it is HITs recommendation that the matter be resolved through binding arbitration. This process is both quicker and less expensive. The arbitration services offered by the BBB, for example, are designed for this very purpose. If we are unsuccessful in finding resolution between our two sides, then HIT would recommend arbitration as the best course of action to follow. Additionally, here is a link to the TOS for your attorney to review:
There is no where in sight that I asked for the account to be cancelled. I just said that I would forward it to my legal representative. Instead of being helpful, she threatened me again!! We need to put a stop to this people. This cannot go on!! I AM SO DISGUSTING THE STATE OF UTAH IS ALLOWING THIS TAKE PLACE!!
This report was posted on Ripoff Report on 09/29/2009 10:55 AM and is a permanent record located here: http://www.ripoffreport.com/r/Heritage-Web-Design/internet/Heritage-Web-Design-HIT-Web-Design-My-situation-is-similar-to-many-of-you-out-there-I-501670. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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