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Report: #924004

Complaint Review: BizCentral USA - Orlando Florida

  • Submitted:
  • Updated:
  • Reported By: RottweilerTOM — san diego California United States of America
  • Author Not Confirmed What's this?
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  • BizCentral USA 2151 Consulate Drive, Unit 13 Orlando, Florida United States of America

BizCentral USA Efrain Rodriquez Potential Fraudulent Company - Shoddy Product and Unconscionable Contract Orlando, Florida

*Author of original report: Update to My poorly written first post LOL

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I write on behalf of a friend who recently had a very bad experience with this company, and when he contacted the company to air his grievances and a request for a refund he received this notice:

"At this point we have completed all the work and per our service agreement which you signed, you were aware of our no refund policy. I would also like to remind you that the proper dispute process is through arbitration, this is similar to a court where the facts will be evaluated but less costly for both parties. If you still choose to take this to court, you agreed to do this in a Florida court. While I understand that you can still do what you want, please don't make the mistake of underestimating our response. We have the means and the will to aggressively defend our reputation in a court of law, and will also seek damages.

I am a believer in dialog and prefer to settle any dispute in a professional manner however, for this to happen we must be honest with the facts. I do not agree with your claims and believe we have indeed, honored the terms of the
agreement."

This is boilerplate language from a bunch of hacks who have NO INTEREST in refunding monies, essentially they, in MY OPINION, steal from you before you get any satisfaction of what they promised or eluded to what you though they would do for you.  My friend isn't the sharpest guy in the tool shed, but he, like thousands like him, may have gotten taken - and so the only way they will release monies you spent on this bogus service agreement (and there are a number of legal problems and trying to have their agreement stand up in Court, even in Florida) is threatening the aggrieved customer/client with legal proceedings.  First, wherever you signed the contract YOU CAN bring suit in YOUR jurisdiction (jx), don't let this d****e think YOUR ONLY venue is in Florida.  Second, the arbitration clause can be adjudicated as to the term and that forcing customers into an expensive arbitration is NONSENSE.  A court in any jx has the power to strike that provision from the agreement.  Courts as a matter of public policy can, in fact, look at the entire service agreement and decide on its enforceability or damages as to the breaching party (BizCentral). 

This owner or officer of the company claims slander is ILLEGAL.  This clown should understand simple legal terminologies before he threatens people (former clients/customers).  Slander is NOT illegal, it is a mere civil allegation and almost every court would kick any Trade Slander suit out of Court, and depending on jx, you could institute a malicious prosecution claim if they actually tried to sue you for "slander". 

Don't let these clowns take advantage of you.  Assemble MORE than 2 people and find a good class action attorney and get consultation.  Some attorney may take your case, or a as class action, you never know.  Good luck - and do your research next time you need something like what you contact this company for.

This report was posted on Ripoff Report on 08/07/2012 09:20 PM and is a permanent record located here: https://www.ripoffreport.com/reports/bizcentral-usa/orlando-florida-32837/bizcentral-usa-efrain-rodriquez-potential-fraudulent-company-shoddy-product-and-unconsci-924004. 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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REBUTTALS & REPLIES:
1Author
0Consumer
0Employee/Owner

#1 Author of original report

Update to My poorly written first post LOL

AUTHOR: RottweilerTOM - (USA)

POSTED: Tuesday, August 07, 2012

I write on behalf of a friend who recently had a very bad experience with this company, and when he contacted the company to air his grievances and a request for a refund he received this notice:

"At this point we have completed all the work and per our service agreement which you signed, you were aware of our no refund policy. I
would also like to remind you that the proper dispute process is through arbitration, this is similar to a court where the facts will be
evaluated but less costly for both parties. If you still choose to take this to court, you agreed to do this in a Florida court. While I
understand that you can still do what you want, please don't make the mistake of underestimating our response. We have the means and the will to aggressively defend our reputation in a court of law, and will also seek damages.

I am a believer in dialog and prefer to settle any dispute in a professional manner however, for this to happen we must be honest with
the facts. I do not agree with your claims and believe we have indeed, honored the terms of the agreement."

This is boilerplate language from a bunch of hacks who have NO INTEREST in refunding monies. Essentially they, in MY OPINION, steal from you before you get any satisfaction of what they promised. My friend isn't the sharpest nail in  the tool shed, but he, like thousands like him, may have gotten taken.  Apparently, the only way they will release monies to you if YOU initiate legal proceedings.  (and there are a number of legal problems to have their agreement stand up in Court, even in Florida)
 
First, wherever you signed the contract YOU CAN bring suit in YOUR jurisdiction (jx), don't let this d****e think YOUR ONLY venue is in Florida.  Second, the arbitration clause can be adjudicated and stricken as to that term exclusively instead and forcing customers into an expensive arbitration is NONSENSE. 

Courts as a matter of public policy can, in fact, look at the entire service agreement and decide on its enforceability or
damages as to the breaching party (BizCentral). 

This owner or officer of the company claims slander is ILLEGAL.  This clown should understand simple legal terminologies before he threatens people (former clients/customers).  Slander is NOT illegal, it is a mere civil allegation and almost every court would kick any Trade Slander suit out of Court, and depending on jx, you could institute a malicious prosecution claim if they actually tried to sue you for "slander". 

Don't let these clowns take advantage of you.  Assemble MORE than 2 people and find a good class action attorney and get consultation.  Some attorney may take your case, as class action, you never know.  Good luck - and do your research next time. 

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