Report: #537955

Complaint Review: Hit Web Design - Heritage Web Solutions - Internet Internet

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Submitted: Fri, December 11, 2009
Updated: Thu, December 17, 2009
Reported By: C. — Austin Texas Virgin Islands (US)

Author Not Confirmed

Why?

Hit Web Design - Heritage Web Solutions 1460 N Moonriver Dr. Internet United States of America

Phone: (801) 705-3352
Web: www.hitwebdesign.com
Category: Consumer Services

Hit Web Design - Heritage Web Solutions HIT Web Design HIT WEB DESIGN - Texas Deceptive Business Practices Act / Utah Deceptive Trade Practices Laws Internet

*Consumer Comment: Consumer Protection Passes the BUCk.

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Beware of HIT Web Design, this company advertises a website built for $199 on the website, BUT NO ONE CAN BUY A WEBSITE FOR THIS ADVERTISED PRICE.

Any consumer that purchases this advertised website will be billed to pay an additional 12 months of internet hosting with this company, with or without your knowledge.

The terms of service document referred to in the communication below was not presented prior to payment and never explained by any agent of HIT Web Design.

The Communication

Consumer: Are the my account manager for my account? If so I have 5 hours of design time that I would like to use to design a new site, and update my logo.

HIT web Design: your account is in collections for one month of hosting or $9.99. If you call our accounting department then you can get that cleared and we can move forward.

The design time that you are referring to is used to make changes on the account for no cost. So yes, you can submit an update request and make changes to your site and logo.

However, update time is not sufficient when you are designing a new site. This would take a redesign package and is an additional cost which doesn't use update time.

Consumer: Your company is not hosting my site so I should not be in your collections department. Please call asap to resolve the matter.

HIT Web Design: Your website is indeed on our server so yes you are hosting with us. I am not an account manager.

I am a cancellation specialist and again your account is in collections for one month hosting and will stop everything on the account until you speak with our accounting department.

Me speaking with you would not help until after you speak with accounting.

If you need further help in this matter just call customer service ext. XXXX

Consumer: 9.99 has been paid, please please release my website information so I can move to another vendor.

HIT Web Design: After reviewing the account for the release of information, we found out that you have only paid for 3 months of hosting.

You had purchased a year of hosting but had it canceled and refunded back to you shortly after. After that we didn't resume the hosting fee of $9.99 each month because of an unfortunate billing error in our system. Along with the $9.99 that you paid today, you have only paid for 3 months and per our Terms of Service (TOS) we require 12 months of hosting paid before we can release any information.

This would be a remaining balance of $90 if you want to do that right now. You can also wait for 9 months or buyout the hosting at anytime in the future.

I cannot release any information to you.

Consumer: Please see attached invoice that shows the paid hosting, also I have never purchased 12 months of hosting from your company although an account rep with HIT Web Design did charge my credit card without my authorization, is this the cancelation you are referring? Also, I would like to talk to your manager about my account asap.

HIT Web Design: The invoice shows the year of hosting that was canceled. That is the hosting that I was talking about in the previous email. This was reviewed by our accounting department and is does show that the year of hosting was canceled. As for speaking with a manager, I report to a board of managers.

I am the highest person you can speak with concerning this because it is the job of my department and this is in accordance to the TOS that you signed agreeing to these terms.

Consumer: When I purchased my website. The terms and conditions were not represented to include a year of hosting to own my site. HIT has been nothing but a headache to deal with and Im tired of dealing with a story that keeps changing depending on who I talk to, I am going to offer you one more chance to solve this issue.

Please have someone at your company who has the authority to resolve this issue contact me asap.

HIT Web Design: You will have to pay the 9 months if you would like the website files.

Consumer: When I purchased my website the HIT representative told me that I would own my site and it could be moved to any hosting provider at my discretion, also I was explained to me that I could use the design time at my discretion.

HIT Web Design: It is true that you can do what you would like with the files after you pay 12 months of hosting and complete that requirement per the TOS. It states this in our TOS very clearly.

Consumer: Attached is an Bill of Sale which details the purchase details of my account, the billing invoice which includes all items purchased & terms of service does not indicate that I am required to purchase 12 months of internet hosting.

Also, where exactly in the TOS you keep referring does it specifically state that I am required to purchase hosting with HIT for 12 months in additional to the package I purchased to own my website?

HIT Web Design: This invoice does not help me. And yes, it states it twice within the TOS. Sections 24 and 25.If you want the files than you must pay for 9 months of hosting ($90)

Consumer: I never agreed to the terms of service that you keep referring, in fact I did not receive any information regarding the terms of service until after my purchase was made and payment issued. The sales agents I worked with did not ever mention or review these terms of service or provide any details of the terms of service in written from prior to my payment.

The terms I agreed to are include in my invoice of payment, the invoice indicates 2 webpages, server set up and 3 months of hosting which has all been paid in full.

HIT Web Design: We have your acceptance here on record with your IP address so you did accept it. The TOS that you accepted are not sent in an email.

If you have paid for the site in full than that is great. But TOS states you need to have 12 months paid to have anything released.

Consumer: Show me....

HIT Web Design: I can't show you the exact place you accepted it because it only comes up when a new customer goes into the web center for the first time before going into the Online Design Packet (ODP). I have given you the link to view the TOS and we have documentation showing that you did indeed accept it. 9 months need to be paid

Consumer: Please stop telling that I accepted these terms because I know what I agreed to and what I did not, 12 months of hosting to own my site was never discussed.

Are telling me that additional fees are assumed by any customer with or without their knowledge is your business practice, which is proving to be my experience. When I ask for proof that I accepted these terms of service you cannot provide evidence to support your claim.

Are all HIT clients required to host for 12 months with your company regardless if they understand the terms or agree to the terms?

HIT Web Design: I do not need to discuss this further. Here is your proof:

IP address: XX.XXX.XXX.XX

This is a unique number that you have and is received through our TOS acceptance for future use for cases just like this. This is all we need as proof in any system.

Any customer who accepts the terms are obliged to this and it is their responsibility to read the TOS just like in every other terms of service in any company or organization.

I have told you what you need to do to get your files so you can do so or not.

Consumer: I have tried to resolve the issue without any results, last chance. If you do not release the site I purchased. I will be filing a formal complaint to the Utah Division of Consumer Protection, and The Provo Chapter of the Better Business Bureau, and the Provo Chamber of Commerce regarding HIT business practices specifically sales misrepresentation of product pricing and services offered to consumers.

This report was posted on Ripoff Report on 12/11/2009 03:18 PM and is a permanent record located here: https://www.ripoffreport.com/reports/hit-web-design-heritage-web-solutions/internet/hit-web-design-heritage-web-solutions-hit-web-design-hit-web-design-texas-deceptive-bu-537955. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

Consumer Protection Passes the BUCk.

AUTHOR: chalkboardbandit - (United States of America)

SUBMITTED: Thursday, December 17, 2009

POSTED: Thursday, December 17, 2009

This is not a rebuttal: I just received a responce to a complaint and the CPA claims you are a business and need to contact bbb of Utah or a lawyer and deal with the problem that way. CPA is useless and frankly shouldn't be paid by the tax payers if they can't help the CONSUMER! Also, get your airplane ticket, they only deal with their issues(Hit that is) in Utah. This may be one of the main reasons Hit gets away with most of the crap they do. They only recognize Utah Courts. Fishy huh?!

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