Hibu, Inc

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:*** from Hibu states in her letter that "It is not unusual for businesses to offer specials for a limited timeThe fact that the deal is no longer available is a part of the business."
The Hibu sales rep did not sell the website as a "special add on that would only be available or active for a limited time, and then be removed" It was sold as a complimentary part of the advertising package, and the representative said nothing about it being a limited time special that would be discontinued in a couple of years causing my website to be taken down This was clearly a bait and switch tacticIf they have decided that they can not honor their word, and continue to provide the complimentary website as part of the advertising package, then they should significantly discount the price of the advertising to compensate for the loss of value of the advertising packageRegards,
*** ***

1/13/
face="Calibri">*** *** Revdex.com of Metro Washington DC and Eastern Pennsylvania Oak St Scranton, PA RE: Revdex.com Number: ***
*** ***/ *** ***
*** *** ** *** ***
Rockville, MD ***
Telephone #: ###-###-####
Account #: *** *** hibu Product: Website- ***
Dear ***:
This letter is being sent in response to the correspondence received on 12/31/concerning the invalid URL as well as the payment made
I’ve spoken with *** *** regarding his concerns and we’ve agreed to remove the website of www.***.net and we will send him a refund for $209.98. *** *** will receive his refund within to weeks.
I did apologize to *** *** for the inconvenience this has caused him, but I am glad we were able to resolve his concerns
Thank you,
Cortney H***hibu Customer Service###-###-####Email: [email protected]

Dear
***,
This
letter is in *** ***response to the Revdex.com complaint fromn of LakeAdventureOutdoors.com
Our
records indicate that *** *** called our Customer Service Department on
October 27, to cancel the order for Search Engine Optimization placed the
day
before. The order was not located or cancelled. Consequently, it billed and we pulled a
payment.
The
order has been cancelled and a refund in the amount of $has been processed to
*** ***’s account. The refund will be either
a check, a credit to his bank account or a credit to his credit card
statement.
Please
send our sincere apology to *** *** for any inconvenience he may have
experienced. We hope to service *** ***’s advertising needs in the future
Sincerely,
Claudia
B***
Executive
Services Specialist
*** *** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
As always thieves rely on misleading peopleThe fact that a representative cannot cancel a contract is ludicrousHowever this shows that they knew to cancel itI will not pay them anymore money and will seek damages in court
Regards,
*** ***

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if it work then why am I filing a complaint with the Revdex.com? I have you on record admitting there are major problemsStop being dishonest with the Revdex.comAnd we understand that you can't guarantee a sale but we got more sales without advertisement without you then we did with youAnd the only phone calls we got TurboTax and you guys admitted itThat is not workingand you're still trying to charge us four clicks on ads that were incorrectif I make a boo boo in my job I'm responsible for it and I pay for it as a company we pay for it because we're the ones that messed it up. this is how business works when you screw it up you pay for the damages not try to hustle the company to pay the damages for you because you don't want to take care of your responsibilities as a company
Complaint: ***
I am rejecting this response because:
Regards,
*** ***

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me.
Regards,
*** ***

Dear ***:
This will confirm receipt of the customer letter dated January 15, regarding the advertising concern for *** ***, Account Name: *** ***, Account Number: ***/MA, Revdex.com complaint ***
To clarify, the contract for Haywood County, NC was authorized 3/28/14, and
this book published July Haywood County, NC was authorized 11/7/12, and this book published July The product that has auto renewed is Haywood County, NC 2016, and this book published July
The Terms and Conditions of the Haywood County, NC contract explains the Automatic Renewal process, which I am including below
Duration of Agreement; AUTOMATIC RENEWAL; Distribution of Directories:
AWith respect to advertising in the Directories, the term of this agreement is equal to the issue period for each DirectoryThe issue period for each Directory is months from date of publicationPublisher reserves the right to extend or reduce a Directory's issue period by no more than six monthsIf the issue period of a Directory is extended, charges will be extended accordinglyWith respect to Internet Services, the initial term of this agreement is for monthsThereafter, this agreement will continue in effect with respect to the Internet Services until Publisher or Customer cancelsAny cancellation by Customer under this paragraph 4.A shall be made in accordance with paragraph BWITH RESPECT TO ADVERTISING IN A DIRECTORY, BY ENTERING INTO THIS AGREEMENT WITH PUBLISHER, CUSTOMER AGREES TO THE AUTOMATIC RENEWAL OF CUSTOMER'S ADVERTISING IN SUCCESSIVE ISSUES OF SUCH DIRECTORY, ON THE SAME TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, PROVIDED THAT: (i) THE FORM AND CONTENT OF CUSTOMER'S ADVERTISING IN THE SUCCESSIVE ISSUE OF THE DIRECTORY IS MATERIALLY THE SAME AS THE FORM AND CONTENT OF CUSTOMER'S ADVERTISING IN THE PRIOR ISSUE OF THE DIRECTORY; (ii) NOTICE IN WRITING OF SUCH AUTOMATIC RENEWAL IS SENT TO CUSTOMER BY PUBLISHER AT LEAST FORTY-FIVE (45) DAYS BEFORE THE CLOSING DATE OF THE SUCCESSIVE ISSUE OF SUCH DIRECTORY AND CUSTOMER DOES NOT GIVE NOTICE IN WRITING TO PUBLISHER CANCELING SUCH AUTOMATIC RENEWAL BY THE DATE SPECIFIED IN THE NOTICE, AT LEAST
SEVEN (7) DAYS PRIOR TO SUCH CLOSING DATE; (iii) WHERE CUSTOMER HAS PURCHASED ADVERTISING IN A DIRECTORY AS PART OF A BUNDLE WITH OTHER PRODUCTS, THE AUTOMATIC RENEWAL OF CUSTOMER'S ADVERTISING IN THE DIRECTORY WILL INCLUDE AUTOMATIC RENEWAL OF THE OTHER PRODUCTS INCLUDED IN THE BUNDLE; AND (iv) THE COST FOR THE ADVERTISING WILL BE THE
THEN-CURRENT PRICE ESTABLISHED BY PUBLISHER FOR SUCH ADVERTISING AND WILL BE INDICATED IN THE NOTICE OF AUTOMATIC RENEWAL SENT TO CUSTOMERSEE PARAGRAPH 4.A OF THIS AGREEMENT FOR INFORMATION ABOUT THE ISSUE PERIOD OF DIRECTORIESIN THE EVENT THAT CUSTOMER CANCELS THE AUTOMATIC RENEWAL OF ADVERTISING IN SUCH DIRECTORY AND CUSTOMER WISHES TO AGAIN ADVERTISE IN SUCH DIRECTORY, A NEW AGREEMENT BETWEEN CUSTOMER AND PUBLISHER FOR
ADVERTISING IN SUCH DIRECTORY WILL BE REQUIRED
Our records indicate, the first renewal notice was sent 2/23/to ***@***.comThe second notice was sent 3/16/to ***@***.comThe final notice was sent 4/8/to ***@***.comDue to no response being received from the customer the advertising was renewed
I have not been able to get in contact with *** *** and I need to verify the email address, ***@***.com, with himI ask that you please have *** *** give me a call so we can discuss this concern furtherThank you for your understanding during our recent investigation regarding your advertising concern
Sincerely,
Kris G***
Executive Services Specialist
###-###-#### x ###-###-####

*** *** ** ** *** *** *** ** * *** *** *** *** ** * *** *** *** *** *** *** *** ** ** *** ** *** *** *** *** ** *** ** ***
*** ***
I am rejecting this response because:
Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because: yes, I did speak to the woman from HIBU, however in her response she did not accurately relay our conversationShe makes it appear that I simply did not understand the contract periodI made it perfectly clear to her that I was NEVER given a written contract nor did their sales representative allow me to see her hand held tablet (on which she was typing the contract) other than to turn it for signaturesAs I told the woman I spoke to, I adametely told Abby (my sales representative) that I did not want any advertising beyond December as I would close the businessThis seems to be the central issueAbby was told what my plans were and was actually committing me for another year of advertising knowing I had no written contract to verify what turned out to be a scamMy mistake was in trusting her integrity to take my needs into consideration knowing full well that the business closing was set for the end of I consider myself to be a bright well educated woman who has owned and operated a large mental health practice for over yearsAbby took advantage of my history of past business with her and the trust I displayed in signing a computer screen (never receiving a written contract)I never received a copy of the contract by email as the HIBU rep stated Regardless of HIBU's attempt to pass this off as a misunderstanding, the truth remains the same...I was scammed by Abby as a rep for HIBU As far as the so called refund offer goes, yes, the woman did say "maybe" I can get you a small adjustment but I can not guarantee itShe asked if that would satisfy meMy response was that I felt that I was due a complete refund due to the circumstancesShe indicated she could not do thatI feel she should have presented that request along with my explanation of eventsObviously, her rigidity in not presenting my request to her superiors coupled with her inability to tell me how much she could refund (on this she had to speak to a supervisor yet she could not convey my expectation) caused the conversation to end without a satisfactory result Again I do feel that a full refund is the ethically correct business resolution, however if a person with authority representing HIBU can make a honest true faith offer to negotiate some settlement I am open to thatAt this point all HIBU has managed to do is to continue to perpetuate my skepticism as to their willingness to accept their role in wrongdoing and effective problem solving
Regards,
*** ***

Dear ***:
This will confirm receipt of the customer letter dated November 5, regarding the advertising concern for *** ***, Account Name: *** *** *** ***., Account Number: ***/**, Revdex.com complaint ***
I have researched the call tracking on the customers Search program
and the calls completed is calls in the past daysThis is an average of calls per monthIn the past days they have also received visitors to their website (being unique) & 41.6% is coming from ***.com aloneWe have determined the Search program is performing very well(This report is included as an attachment.)
*** *** has been advised that both Display and Search Standard are eligible to cancel since the November 1st invoice was the 6th invoiceIf she wishes to cancel these programs, *** *** will need to forward an email to ***@hibu.com prior to the Thanksgiving holiday advising them that she wishes to cancel these programs and they can cancel by Monday November 30th
I took *** *** request to cancel the website during our call Nov 16th, The cancellation request is in progress
The domain name was successfully released to *** *** Nov 16th,
Framework of the site cannot be released but screen shots of the website have been emailed to the *** *** this morning
For the claiming on the account, *** is an email verificationThe *** is a phone verificationPlease have the Customer call our Wave Team at ###-###-#### to get *** & *** verified*** was an existing listing already verified onlinehttps://plus.***com/***2***22/aboutOur Wave Team has submitted a request for *** to update the website URLThis takes *** to days to review before publishingFor this concern the customer has accepted a one- time adjustment for $This is a 100% adjustment based on the cost of the website and it’s add on products which have billed the past months
During my review, I also found the customer was billing $90/month for two Net Gold placement ads appearing on Yellowbook.com. These product have been auto renewing for the past monthsPer the customer’s request, Nov 16th, 2015, these products have been expiredFor this concern *** *** has accepted a one-time adjustment of $This is a 100% adjustment based on the cost the customer has billed for these products over the past months
In total *** *** has agreed to settle with a time adjustment for $This full amount is being refunded back to the very same account that was used to take paymentPlease keep in mind that this refund will probably be deposited back in two payments totaling the $
I am including content directly from the terms and conditions of the authorized agreement to answer to some of the questions
Changes to the Services or the Terms
(a) We may make changes to the Terms from time to timeIf we change the Terms, we will let you know, either by email or when you next log in to the Services
(b) We are always working to improve the Services and may change the Services or stop providing parts of the Services from time to timeThis may be for a number of reasons, for example where changes are necessary because of a change in Laws or are desirable to keep up with developments in technology, or where things happen that make it unwise or difficult to continue to provide a Service in its current formIn the unlikely event that we think that the change is likely to have a serious detrimental effect on you or the business you represent, we will tell you about the change either by email or when you next log into the Services
(c) When we notify you of a change to the Terms or the Services, the change will take effect not until at least days after the date we notified you of the changeIf you are not happy with the change, you can cancel the Services by following the procedure in paragraph 21(a)If you don’t cancel the Services, we will assume that you are happy with the change
Fees and Monthly Budgets
(a) For all Services we will charge you by way of Fees or a Monthly BudgetThe Service Pricing for each Service confirms how we charge for that ServiceFees and Monthly Budgets will be chargeable from the Start Date
(b) We may use your information to obtain credit reports about you from time to time and you agree we can do thisThis may include us passing your Personal Data, including your payment details, to credit reference agencies and these agencies may keep a record of any search that they carry out on our behalf
(c) Fees
(i) The Fees will be as quoted in the Service Pricing from time to time in the applicable currencyWe may change the Fees for the Services from time to timeWe will notify you of any changes to the Fees either by email or when you next log in to the Services
(ii) The Service Pricing will explain whether the Fees that you are to pay for the Services are one-off Fees, recurring Fees (for example, monthly, annual, etc.), transaction-based service Fees or some other kind of fees
(iii) The Fees for a Service exclude all applicable sales taxes and other taxes which will be added on to the Fees
(d) Monthly Budget
(i) The Monthly Budget includes our charges for the Services
(ii) We will try to provide Services up to but not more than the value of your Monthly Budget in any Service MonthWhere there is any Monthly Budget left at the end of a Service Month, we will automatically roll this over into the next Service Month
(iii) If a Service is charged on a cost-per-click (“CPC”) or cost-per-thousand-impressions (“CPM”) basis, the number of clicks or impressions shall be exclusively calculated by usUnless there is an obvious mistake on our part, you acknowledge and agree that click and impression statistics provided by us are the official, definitive measurement of activity and that no other measurements or usage statistics (including those of a third party or your own) will be accepted by usWe will try to meet any CPC or CPM targets listed in the Service Description, but you agree that these are only targets and are not guaranteed
(iv) The Monthly Budget for a Service excludes all applicable sales taxes and other taxes which will be added on to the Monthly Budget
Your Use of the Services
How you may use the Services
(a) You and any employees, agents or contractors who you authorize, are allowed to access and use the Services for your normal, internal, business activities for the term of the AgreementPlease note that you are not allowed to resell the Services or give them away or to transfer your rights or any Agreement to a third party
(b) You are responsible for arranging your online access to the Services and for paying any relevant fees, for example, to your broadband supplierYou are also responsible for having all the necessary equipment for accessing the Service
(c) You will provide us with Your Content and Your Data when we request it
(d) You will only use the Services in compliance with applicable Laws and you agree not to ask a third party to do anything on your behalf that does not comply with applicable LawsThis will include complying with all Laws that apply to your business, any local Laws that apply in the countries in which you access and use the Services, and any Laws relating to the marketing, advertising or sale of the goods and services you offer (and in particular any Laws relating to online marketing, advertising or sales)
(e) If a Service relies on third parties, for example ***™ or ***™, you may be required to comply with that third party’s rules or guidelines when you use that ServiceFor Services that include email and mailbox features, you must comply with the “Open SRS Acceptable Use Policy for Email”
(f) If we think your use of the Services is excessive, we will tell youIf you don’t reduce your usage, we may suspend or cancel your access to the ServicesWe may also set limits on your use of the Services, for example, a maximum number or maximum size of emails sent or received over the Service
(g) You will meet all written security or network access requirements that we provide to and you will not disclose any passwords or access codes that we give you, except where this is needed for your authorized employees, agents and contractors to access and use the Services on your behalf and you are responsible for actions taken when your logon details are used
(h) You will notify us immediately if you become aware of any unauthorized use of passwords or access codes that we give you or any other breach of security that could affect us or the Services
(i) You are responsible for the remittance, calculation and collection of Your TaxesYou acknowledge that we have no responsibility for Your Taxes and we recommend that you seek independent advice from a tax professional
(j) You understand and agree that we do not, in any circumstances, approve or endorse any product or service that you may market or sell through your use of the Services or Your Content
(k) Where the Services require action by you, for example to carry out file clearing or maintenance, you will do what’s needed for the upkeep of these Services
(l) You are responsible for all use of the Services by you and your employees, agents and contractorsWe will not, in any circumstances, be liable to you or any third party for any damage that is caused, or any loss that is suffered, as a result of the use of the Services by you or your employees, agents and contractors
(m) We may provide the users of our Services with tools which allow them to rate you or the goods and services that you provide through your use of the Services, to provide feedback or to ask you questionsWe may make these ratings, feedback, questions and answers publicly available
(n) We are entitled to sign you out of the Services if you are inactive for an extended period of time and to modify your user settings without notice
Data and Privacy
(a) You will own all rights in Your Data and you are solely responsible for ensuring the legality, reliability, integrity, accuracy and quality of Your Data
(b) You will make sure that all use of the Services by you, or your employees, agents and contractors, will meet all relevant data protection and privacy Laws
(c) We are the sole owners of all rights in Our Data and we may use it at our discretion and without restriction, including after cancellation of any or all of the ServicesYou must not: (i) disclose any of Our Data to anyone; or (ii) use any of Our Data for any marketing or promotional purposes or in any way that is inconsistent with our Privacy Policy or applicable Laws
Our Liability to You
(a) There is no limit under the Agreement to what we or any of Our Representatives will be liable for if we have committed fraud or if someone dies or is injured because of something we have or have not done
(b) Except for the matters set out in paragraph 20(a), neither we nor any of Our Representatives will, in any circumstances, be responsible for any:
(i) loss of profits, sales, business, or revenue;
(ii) loss, or corruption of data, information or software or loss of use of information;
(iii) loss of business opportunity;
(iv) loss of savings you expected to make;
(v) loss of goodwill; or
(vi) loss or damage that you and we would not have thought likely at the time the Agreement was formed
(c) If we do not keep to these Terms, we will only be responsible for losses you have suffered which you and we would have thought likely at the time the Agreement was formedWe are not responsible for any other loss that you suffer, whether that loss is caused because we have not kept to our obligations under the Agreement, because of something we have done or not done, because we have made defamatory statements or otherwise as a result of:
(i) you using or relying on the Services;
(ii) you not being able to use the Services;
(iii) any mistake, fault, failure to do something, missing information, or virus or other form of computer programming malware in the Services or if the Services don’t work properly because of Events Outside Our Control;
(iv) theft or destruction of information or someone getting access to our records, programs or services without our permission; or
(v) any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the Services
(d) Except for the matters set out in paragraph 20(a), in no circumstances will we or any of Our Representatives be liable to you for the Trial Services, Beta Services or Free Services
(e) Except for the matters set out in paragraph 20(a), our liability to you for any loss or damage suffered by you in connection with the Agreement or Services will be limited to the total Fees or Monthly Budget that you have paid to us for the affected Service in the months prior to the event giving rise to our liabilityYou also agree that, except for the matters referred to in paragraph 20(a), Our Representatives will not be liable to you for any loss or damage you may suffer due to the provision of, or failure to provide, the Services
(f) Except as set out in the Terms, we do not make any promises in relation to the ServicesWhere any promises would be implied into the Agreement by law, we exclude these as far as it is within our rights to do soIt is up to you to decide whether the Services are suitable for your needsWe won’t be responsible for thisWe do not make any promises concerning the performance, results or success rates that may be achieved by any Service
(g) We do not control the Content made available by your use of the Services and we do not guarantee the accuracy, truth, quality or appropriateness of this Content for your needsBy using the Services, you may be exposed to Content that is offensive or indecent (including spam), or which may contain viruses or other computer programming malwareUnder no circumstances will we or Our Representatives be liable in any way for any Content posted, emailed, transmitted or otherwise made available by your use of the Services
Your Cancellation and Refund/Credit Rights
Cancellation by You
(a) You may cancel any or all of the Services at any time, either by telephoning us, emailing us or writing to tell usUnless you are still within your Minimum Term, cancellation will take effect as soon as possible after we receive your request to cancelFor some Services (but not all) we may offer you a pro-rated refund or credit where cancellation takes effect part way through a Service MonthThe Service Terms include details of the refunds and credits that we offerYou agree that we have the right to decide: (i) the amount of any pro-rated refund or credit; and (ii) whether this amount is given as a refund or credit against your accountIf you are within your Minimum Term, you may cancel the Services at the end of the Minimum Term
(b) If you are buying the Services as a consumer (rather than as part of your business, profession or trade) and Your Country is the UK then you will have a legal right to cancel the Services within working days of the Start DateHowever, you agree that you will lose this right to cancel once we start performing the Services with your permissionYou agree that you give us this permission when you submit your Order to usThis means that we can provide the Services and you can use the Services straight away on the Start Date
(c) If you place an order for Services with the help of our US-based telesales team then you will have a period of seven (7) days from the date of the Confirmation of Order (the “Review Period”) to review the full terms and conditions and details of this AgreementIf you decide that you no longer want to receive the Services, you must notify us during the Review Period either by telephoning us, emailing us or writing to tell usIf you have paid any moneys, but you have not yet activated the Services, you will be entitled to receive a full refundIf you have activated the Services, you acknowledge that we will offer you a pro-rated refund or creditAfter expiration of the seven (7) day Review Period, you may cancel the Services in accordance with 21(a)
Cancellation or Suspension by Us
(d) We may cancel any or all of the Services at any time either by telephoning you, emailing you or by writing to youWhen we contact you we will tell you when cancellation will take effect and we will try to give you as much notice of this as possibleWhere cancellation takes effect part way through a Service Month we will, unless paragraph 21(e) applies, offer you a pro-rated refund or creditYou agree that we have the right to decide: (i) the amount of any pro-rated refund or credit; and (ii) whether this amount is given as a refund or credit against your account
(e) We may cancel or suspend any or all of the Services immediately and without telling you beforehand, if:
(i) you do not pay us when you are supposed to as set out in paragraph This does not affect our right to charge you interest under paragraph 9(d)(i);
(ii) you use the Services in any way that breaks or may break any applicable Law, is fraudulent or that may adversely impact the Services, Us or Our Representatives;
(iii) you use the Services in any way that infringes or may infringe any rights belonging to a third party, or in any way which breaks or may break any relevant third party rules, for example the rules of a Registry;
(iv) we receive a complaint or are notified of a legal claim which relates to your use of the Services;
(v) you commit click-fraud;
(vi) you do not comply with your commitments in paragraphs or 23;
(vii) you break the Agreement in any other significant way and you do not correct or fix the situation within days of us asking you to; or
(viii) you enter into administration, insolvency, bankruptcy or any similar procedure anywhere in the world or you are otherwise unable to pay your debts as they fall due
(f) If we cancel the Services under paragraph 21(e), you will not be entitled to any refund or credit of any amount that you have paid for the Services
(g) If we suspend the Services under paragraph 21(e), the Services will remain suspended unless and until you have fixed the cause of the suspension to our satisfaction; or either we or you cancel the Services
(h) If we suspend or cancel the Services under paragraph 21(e), we will be entitled to refuse any or all future use by you of any or all of the Services, or any part of them
Consequences of Cancellation
(a) Following the cancellation of any Services, you will no longer be able to access or use those Services and any account that you hold with us may be deactivated or deleted
(b) We are not responsible for storing Your Data or Your Content following cancellation of the Services for any reasonYou acknowledge that it is your responsibility to back up Your Data and Your Content if you want access to it following cancellation
(c) We will not be liable to you for any loss you may suffer as a result of the termination of any Service
Service Terms for Design
Contract Type: One-off service
Upgrades/Downgrades: Not applicable
Refunds/Credit: We will offer you a full refund on the Fees that you have paid for this Service if you are not 100% satisfied with the Service and request the refund within days of us sending you a website go live email (“Satisfaction Guarantee Refund”)
You are not entitled to any refund or credit on cancellation of the Service unless:
a) paragraph 21(d) of the General Terms applies; or b) the Satisfaction Guarantee Refund applies; or c) if you have bought this Service and have chosen to pay the Fees on a monthly basis then on cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit
Consequences of Cancellation
(a) Following the cancellation of any Services, you will no longer be able to access or use those Services and any account that you hold with us may be deactivated or deleted
(b) We are not responsible for storing Your Data or Your Content following cancellation of the Services for any reasonYou acknowledge that it is your responsibility to back up Your Data and Your Content if you want access to it following cancellation
(c) We will not be liable to you for any loss you may suffer as a result of the termination of any Service
Other Important Terms
(a) Each of the paragraphs of the Terms operates separatelyIf any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect
(b) We may transfer our rights and promises under an Agreement to another organizationWe will tell you if this happens
(c) The Agreement is between you, on your own behalf and on behalf of the business you represent (if any), and usNo other person will have any rights to enforce any of its terms
(d) By entering into the Agreement, you personally and individually undertake and assume, jointly and severally with the business you represent (if any), the full performance of the Agreement including payment of amounts due under the Agreement
(e) If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you
(f) All references in the Agreement to “written” or "writing" will include email unless stated otherwise
(g) The Agreement contains the whole agreement between you and us and replaces any other agreement or communication between you and us relating to the Services (including any communications made on or via the Websites)You acknowledge that you have entered into the Agreement without relying on any previous statement or promises made by us, unless those statements or promises have been included in the AgreementHowever, this paragraph 25(f) does not in any way limit our liability for making fraudulent statements in connection with the Services or otherwise
(h) We are not in any kind of partnership, contract of employment or joint venture with youNothing in the Agreement will be taken as authorizing you to act as our agent
(i) We are not authorized to do business in every state and countryWe try to make sure that the Services listed on Our UK Website are available for purchase in the United Kingdom and that the Services listed on the Our USA Website are available for purchase in the United States of AmericaIf you are not located in the United Kingdom or the United States of America, we may not be able to fulfil any Orders that you submit to us
(j) If Your Country is the United Kingdom, the Agreement will be governed by English law and we both agree that the Courts of England and Wales will have exclusive jurisdictionThis means that any dispute or claim arising out of or in connection with the Services or the Agreement (including non-contractual disputes or claims), will be governed by English law, and any claim must be brought before a Court located in England or Wales
(k) If Your Country is the United States of America, the Agreement will be governed by the laws of the State of New York (without reference to its conflicts of laws principles) and we both agree that the Federal and State Courts located in New York County, New York will have exclusive jurisdictionThis means that any dispute or claim arising out of or in connection with the Services or the Agreement (including non-contractual disputes or claims), will be governed by the laws of the State of New York, and any claim must be brought before a Court located in New York County, New York
(l) In any legal proceedings, both parties agree to waive any rights they may have to participate in any class, group or representative proceeding and both parties agree to waive any right they may have to a trial by jury
Service Terms for hibu Websites
Contract Type: Terminable at will
Free Trial Period: daysAs part of the Trial you will have access to limited eShop featuresPlease see our Supplementary Service Terms for more information
Payment Method: If you have ordered this Service through any of our Websites, then you may choose to pay the Fees:
a) on a monthly recurring basis; or
b) upfront for months on an annual recurring basis (“Annual Fee”)
If you order this Service directly from Our USA Website and you chose to pay an Annual Fee then at the end of each Month period, you will automatically be charged an Annual FeeFor each Annual Fee you pay, you will receive a 10% discount on the total amount of monthly recurring payments excluding taxes
If you have ordered this Service as part of a hibu Websites Package, you must pay the Fees on a monthly recurring basis
Upgrades/Downgrades: You may purchase an upgrade to this Service at any time by clicking the “upgrade” link in the “My Account” section available on our WebsiteIf you wish to downgrade this Service, you will need to cancel the Service and place a new Order for the Service you wantWe will then issue you with a new Confirmation of Order
Domain Name Ownership: If you buy the Service, you will own the Domain Name that we provide to youIf you sign up for a Trial Service, we will own the Domain Name that we provide to you
Domain Name Renewal Fees: Payable by us
Refunds/Credit: If you have bought this Service through our Websites and have chosen to pay the Fees on a monthly recurring basis: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit
If you have bought this Service as part of a hibu Websites Package: On cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or creditPlease note that in the event that you cancel prior to the end of your one (1) year or two (2) year signup term, you will have to repay any discount amounts you received for this Service (the “Discount Repayment Amount”)Any pro-rata refund or credit that you are entitled to will be deducted from the Discount Repayment Amount and you will be billed this amount on your next monthly payment date
If you have chosen to pay an Annual Fee for this service: On cancellation made part way through or at the end of a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or creditPlease note that any discount that you received for this Service will be taken out of any pro-rated refund or credit that we give you
If cancellation of this Service is as a result of the cancellation of a hibu Websites Package, please note that in the event that you cancel prior to the end of your one (1) year or two (2) year signup term, you will have to repay any discount amounts you received for this Service (the “Discount Repayment Amount”)Any pro-rata refund or credit that you are entitled to will be deducted from the Discount Repayment Amount and you will be billed this amount on your next monthly payment date
If your cancellation of this Service is as part of a cancellation of a hibu Websites Package and as a result of the Satisfaction Guarantee Refund for the Design serviceThe Service Terms for Design will apply to any refund or credit that you receive
Supplementary Service Terms:
Please note, if you decide to use your own Domain Name with a hibu Website, you will not have access to the email account/mailbox features of this Service
If you are a TelePrem Customer, your purchase of this Service automatically includes the Design service and any of the following Services- hibu Wave, 30s Motion Video Service the hibu Assist service and hibu AppointmentsPlease see the Service Terms for Design for more information
If you are a TelePrem Customer, any cancellation of this Service will automatically cancel the Design service and any of the following Services that you have purchased: hibu Wave, 30s Motion Video Service the hibu Assist Service and hibu Appointments
The following words with capital letters are used in relation to hibu Websites Trial, this is what they mean:
“Buyer” means someone who buys Your Products and Services using your hibu Websites Trial product
“Your Products” means all products that you advertise, offer for sale or sell through your hibu Websites trial
“Your Products and Services” means Your Products and Your Services
“Your Services” means all services that you advertise, offer for sale or sell through your hibu Websites trial product
“Your Transactions” means the sale of Your Products and Services by you to Buyers
hibu Websites Trial does not support the calculation or collection of sales taxesRegardless of anything contained in the Agreement, you acknowledge and agree that you are responsible for the proper calculation, collection and payment of Your Taxes, for filing all associated returns and for issuing VAT invoices/credit memos, when requiredWe are not responsible for collecting, paying or reporting upon Your Taxes, and we will have no liability to you or any third party in respect of Your TaxesIf we are legally required to collect any federal, state or local sales, use, excise, gross receipts, value added or similar taxes from you, you agree to promptly pay the required amount to us, on request by usWe recommend that you consult with an independent tax advisor to understand your tax obligations arising from Your Transactions
Service Terms for Design
Contract Type: One-off service
Upgrades/Downgrades: Not applicable
Refunds/Credit: We will offer you a full refund on the Fees that you have paid for this Service if you are not 100% satisfied with the Service and request the refund within days of us sending you a website go live email (“Satisfaction Guarantee Refund”)
You are not entitled to any refund or credit on cancellation of the Service unless:
a) paragraph 21(d) of the General Terms applies; or b) the Satisfaction Guarantee Refund applies; or c) if you have bought this Service and have chosen to pay the Fees on a monthly basis then on cancellation made part way through a Service Month (except cancellation under paragraph 21(e) of the General Terms) we will give you a pro-rated refund or credit
Thank you for your understanding during our recent investigation regarding your advertising concernIf I can be of further assistance please give me a call
Sincerely,
Kris G***
Executive Services Specialist
###-###-#### x ***

Dear ***:
This will confirm receipt of the customer rebuttal letter dated May 15, regarding the advertising concern for *** ***, *** *** ***
In review of the agreement authorized by *** *** June 14, it includes The *** *** MA magazine which is listed as a month product, with a First In Home date August for $129/month, $TotalOn this same agreement *** also authorized advertising for Yellowbook.com for $79/month, and this is also a month productThe Yellowbook.com advertising includes the websiteAs part of this purchase *** also received a free double quarter column ad under the category Sheds-Tools & Storage in the *** County print directory On this agreement when you scroll to the Agreement Totals, Other Fees Unpaid Balance this is the amount due for the Magazine Product, which is listed as $The Monthly Agreement Total is for the Yellowbook.com contract which is listed as $79.
In past communications, I have asked *** to review this contract because this is the contact he has authorized with hibuI have provided him with a full explanation as to how the Agreement Totals are listed on this agreement for each of these products.
The Yellowbook.com contract started billing in July for $79/MThe Magazine product then stated billing in August at the $129/month July is the only month the customer billed at the $Starting August the billing amount increased to $208/month. Again getting back to the authorized agreement, this is the amount that was agreed upon. Due to the account being in arrears, the advertising was canceled in DecemberThis is our policy
At this time I am including the authorized agreement which I am asking for *** to review prior to submitting another rebuttal
*** ***
Executive Services Specialist
###-###-#### x ***

Dear ***:
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This letter will confirm receipt of your letter dated March 11, regarding the advertising concern from *** *** of *** ***. *** states no response was given to requests for the work status and progress of the campaign
This concern was addressed with the Revdex.com of *** & Northern Illinois on August 7,
Our records indicate that the advertising in question was authorized by *** on April 18, with our Sales Representative, *** ***. The agreement was for Search Engine Optimization. The contract is a month contract. Weekly emails are sent to the customer and the campaign analyst calls the customer to cheevery days.
The building of this campaign was delayed until we received a month deposit from the customer.
On May 8, our campaign analyst, *** ***, placed a pre-build call to the customer. Neither *** or *** were available. On May 9, 2013, *** spoke with *** and ***, discussed their expectations and advised that the website would publish that day. *** wanted to review the keywords prior to the ad going live. *** sent the keywords to the customer for review.
*** made a follow up call on May 10, 2013. On May 14, 2013, *** received approval from *** and published the website. The keywords were modified on May 29, per a conversation with the Sales Representative, ***. The Sales Representative made changes to the market and paused the general dentistry ad group on June 6, 2013. The customer received clicks in May, clicks in June and clicks in July. We were not able to report on the number of calls received from the site as there was no tracking number on the website
I spoke with *** on August 7, about the matter. We agreed to cancel the contract early and refund the unspent money. $was refunded back to the customer’s credit card on August 13, and an additional $was refunded back to the customer’s credit card on August 15,
We apologize to *** that he felt we were unresponsive and that he felt the need to contact the Revdex.com. We hope that *** accepts our apology in good faith and that we may one day do business together again
Sincerely,
*** ***
Executive Services Specialist
###-###-#### x*** ***

April 21, 2014Dear ***:This correspondence confirms receipt of Complaint ID *** filed by *** ***We have reviewed the account and the authorizations for the past two yearsWe see that the authorization was provided by *** ***However, ***’s name
was never removed from the accountWe have updated our records to reflect *** name and we apologize for any inconvenience this matter has caused.If you have any additional questions or concerns, please contact us at the number below.Sincerely,

Good Morning,I wanted to let you know we were contacted by Hibu and we were able to resolve this issue. We do appreciate you help in the matter.Thank you,*** *** * *** ***

Dear ***: This will confirm receipt of the complaint dated 10/11/from *** ***, ID ***Our Account: *** *** *** ***, Account Number: * ***. Our records indicate there was one auto renewal notification sent via US Mail 5/22/17. It was sent to *** *** ***
*** *** *** **, Decatur, IL ***There were three email notifications that went out 5/22/17, 6/12/& 7/15/17, to the email address ***@***.com. Due to no reply being received from the customer, the advertising auto renewed. In speaking with *** *** he does not recall receiving any of these notificationAlthough, he has confirmed that we have the accurate mailing address, and email address on file for his accountIn an effort to resolve this concern, we have agreed to adjust $21/Month, $252/AnnuallyThis offer has been accepted by *** ***. We consider this matter resolvedThe necessary prompts have been set in our system to ensure auto renewal does not occur in the future. Thank you, Sincerely,Kris G***Executive Services Specialist ###-###-#### Direct ###-###-####

Revdex.com:
I'm glad to hear that the business does not show me having an invoice in their data baseNevertheless, I have reviewed the response made by the business in reference to complaint ID ***, and am attaching the invoice that they are requesting.
I usually receive invoices like theirs but it usuall say, in fine print, that they are "not actual bills"This particular one, that I have attached, does not say anything like that at all
Regards,
*** ***

June 24, 2015Dear ***:
This correspondence confirms receipt of Complaint ID *** filed by *** ***A review of the account shows that a payment of $posted to the account on May 11, Unfortunately, the delinquent status was not removed from the account
which has caused the continuing attempts at collectionsWe have notified the collection agency and advised that the file for this account should be closedWe apologize to *** *** for any inconvenience that this has causedIf you have any additional questions or concerns, please do not hesitate to contact us at the number below.Sincerely,
Heather H
Executive Services Specialist Hibu Investigations and Resolutions

January 21, 2016Dear ***:
We have received *** ***’s rebuttal, however there is no “database record ID” for the inclusion of his address on the opt-out listAn order number of *** was provided when the request was submittedThis is the only thing that can be provided regarding this matterIf you have any questions, please feel free to contact us at the number belowSincerely,
Heather H Executive Services Specialist

May 23, 2016Dear ***:This correspondence confirms receipt of Complaint ID *** filed by customer *** ***We have reviewed the account and see that an investigation was opened on the account in February for this same concernIt was determined that there was no basis for an
adjustment because there was no cancellation request on fileAlso, the current sales representative, Michelle J*** was contacted and confirmed that she did speak with the customer but did not promise that a credit would be given on the accountIn the interest of resolution, we are willing to offer a 20% goodwill adjustment which totals $We will also waive the current late charges that total $We emailed this offer today to MrFlowers and will provide an update once we receive a responseIf you have any additional questions or concerns, please do not hesitate to contact us at the number below.Sincerely,Heather H.Executive Services Specialist Hibu Investigations and Resolutions

On 9/3/I was contacted by a HIBU Sales Agent I thought this was a great idea to help bolster my on-line presence I agreed to the WAVE option at around $a month They directed me to delete my facebook page and twitter page so that they could build the page for me I did They said that I should receive post cards in the mail within days with a pin code on the card and that I needed to call them and give them the pin code...no cards came No facebook page was created No twitter page was created My business was losing calls and I could not figure out what the deal was I performed a find my business search and my business was not listed as contracted I was invoiced for months of services, which I did not receive I contacted my Sales Agent and said that I would not be paying that invoice, until the services were performed or at least initiated She said she agreed and sent my complaint to her supervisor thinking they would contact me immediately, they never did! On 11/10/I directed that they cancel my services as I would get them from another vendor That they were no longer authorized to charge my debit card or invoice me for future dates and that past billed services were not performed per contractual obligation and that they should forfeit those charges and clear my account Today 12/09/I received a call declaring I owed around $for months of services, that I did not receive from this vendor I spoke with their Customer Account Representative and was told that they could not cancel the account as it can only be canceled within the first days, however, this a a matter of Breach of Contract and should be canceled immediately It is my opinion that this company is deceptive in nature, offering a service to small businesses in hopes that the owners lack the knowledge of legal complaints or the funding for obtaining a lawyer and then failing to honor their contract I would avoid them with absolute certainty Any company dealing with IT Data is usually happy to remedy the contract even to the point of cancelling the contract for a failure to render services, but not HIBU