Phoenix Internet

A new contract was digitally signed for a speed upgrade on January 22, 2016 which did renew the term for 12 months. As of 9-8-2016 the company negotiated the termination fee to ½ the original amount with the customer. The customer agreed to the reduced fee and $84 of the $168 was... refunded to the credit card on file.

[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 [redacted] , and find that this resolution would be satisfactory to me I will wait until for the business to perform this action and, if it does, will consider this complaint resolved Regards, [redacted]

A new contract was digitally signed for a speed upgrade on January 22, 2016 which did renew the term for 12 months.  As of 9-8-2016 the company negotiated the termination fee to ½ the original amount with the customer.  The customer agreed to the reduced fee and $84 of the $168 was...

refunded to the credit card on file.

[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 [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

[redacted] is not a customer of Phoenix Internet. Andrew [redacted] the Owner of [redacted] signed two 24 month agreement for Phoenix Internet to provide Internet and phone services to his company. [redacted] cancelled the agreement to provide phone service before the term was up and was invoiced...

early termination fees per the agreement. Phoenix Internet made attempts to collect payment for early termination fess for the phone service. Phoenix Internet continued to provide Internet service to [redacted] during the time the phone service fees went unpaid. On 8/14/2008 [redacted] contacted Phoenix Internet asking about the terms of contract. Our Billing Department sent them a copy of the signed contract for their review.

[redacted] continued receiving Internet services up and until 2/04/2014. [redacted] was delinquent on their account for non payment and their services were shut off.

Resolution: [redacted] account was sent to Phoenix Internet’s collection agency. [redacted] paid the amount owed under the Agreement to Phoenix Internet’s collection agency.

[redacted] is not a Customer of Phoenix Internet. [redacted] signed a contract on behalf of[redacted] in 2006 as their “Vice President” and canceled service in 2010 fully satisfied that agreement. [redacted] signed a new agreement for[redacted] a few months...

later.[redacted] cancelled service on 3/13/2014 after the contract had already renewed a few months prior.Resolution:Phoenix Internet billed [redacted] according to the Agreement for the early termination fees. Customer refused to pay and Phoenix Internet turned over the account to its collection attorneys.

[redacted] is not a customer of Phoenix Internet. He is the Owner of the business [redacted] which contracted with Phoenix Internet to provide Internet services. Mr. [redacted] signed the contract using the title “Owner” on behalf of [redacted]. [redacted] has misrepresented the facts by not...

mentioning the contract in dispute was not between himself and Phoenix Internet but between two companies, [redacted] and Phoenix Internet. [redacted] was billed according to the Terms and Conditions of the Agreement. The section that pertains to Term and Early Termination Charges is provided below.

Resolution: Phoenix Internet billed the customer [redacted], according to the Agreement that binds both parties, for cancellation charges and customer paid the outstanding balance.

“Terms & Conditions

6. Term; Early Termination Charges. This Agreement starts with the signing of this Agreement. If Customer decides to cancel this Agreement before service is installed, Customer will be responsible for paying Phoenix Internet a $499 Early Termination Fee. This Agreement shall remain in effect through the Term specified in the Phoenix Internet Order Form, said Term shall start on the date Service is made available to the Customer. After completion of the Term, the Term will automatically renew under this Agreement subject all the provisions herein. Customer may terminate this agreement at the end of the Term with written notice to Phoenix Internet 30 days before the end of the Term. If Customer terminates the Phoenix Internet Service for any reason (except as expressly permitted in this Agreement) before the end of the Term selected, Customer agrees to pay an early termination fee equal to 80% of the monthly recurring charges for each remaining month in this Agreement. The Antenna, radio, surge arrestor, and power supply used to provide Service to the Customer is the property of Phoenix Internet and the Customer is responsible for making sure Phoenix Internet has access to remove them when the Service has been terminated by either the Customer or Phoenix Internet. Phoenix Internet will charge the Customer $350.00, the cost of the equipment, if Phoenix Internet is not provided access to recover the equipment to include the antenna, radio, surge arrestor and power supply from the Customer’s premise. Notwithstanding the termination of this Agreement, the provisions set forth in Paragraph 7, 8, 9 and 10 of this Agreement will continue to govern Customer’s and Phoenix Internet’ conduct after the end of this Agreement.”

Review: When asking about pricing the sales people explain the best value is with the 2 year agreement. What they didn't disclose is that somewhere buried in the agreement there is a "auto renew" at the end of the term for another 2 years. The language used to describe the auto renew is very confusing.

I am in my third year of my 2 year agreement and when I tried to cancel my service they hit me with an early termination fee over $1200.....RIDICULOUS!!Desired Settlement: To terminate my service with Phoenix Internet as of 06/26/14 without any additional fees or charges.

Business

Response:

[redacted] is not a customer of Phoenix Internet. He is the Owner of the business [redacted] which contracted with Phoenix Internet to provide Internet services. Mr. [redacted] signed the contract using the title “Owner” on behalf of [redacted] has misrepresented the facts by not mentioning the contract in dispute was not between himself and Phoenix Internet but between two companies, [redacted] and Phoenix Internet. [redacted] was billed according to the Terms and Conditions of the Agreement. The section that pertains to Term and Early Termination Charges is provided below.

Resolution: Phoenix Internet billed the customer [redacted], according to the Agreement that binds both parties, for cancellation charges and customer paid the outstanding balance.

“Terms & Conditions

6. Term; Early Termination Charges. This Agreement starts with the signing of this Agreement. If Customer decides to cancel this Agreement before service is installed, Customer will be responsible for paying Phoenix Internet a $499 Early Termination Fee. This Agreement shall remain in effect through the Term specified in the Phoenix Internet Order Form, said Term shall start on the date Service is made available to the Customer. After completion of the Term, the Term will automatically renew under this Agreement subject all the provisions herein. Customer may terminate this agreement at the end of the Term with written notice to Phoenix Internet 30 days before the end of the Term. If Customer terminates the Phoenix Internet Service for any reason (except as expressly permitted in this Agreement) before the end of the Term selected, Customer agrees to pay an early termination fee equal to 80% of the monthly recurring charges for each remaining month in this Agreement. The Antenna, radio, surge arrestor, and power supply used to provide Service to the Customer is the property of Phoenix Internet and the Customer is responsible for making sure Phoenix Internet has access to remove them when the Service has been terminated by either the Customer or Phoenix Internet. Phoenix Internet will charge the Customer $350.00, the cost of the equipment, if Phoenix Internet is not provided access to recover the equipment to include the antenna, radio, surge arrestor and power supply from the Customer’s premise. Notwithstanding the termination of this Agreement, the provisions set forth in Paragraph 7, 8, 9 and 10 of this Agreement will continue to govern Customer’s and Phoenix Internet’ conduct after the end of this Agreement.”

Review: I signed a Two Year contract in 2006 with Phoenix Internet and canceled service in the summer of 2010 and went to another

provider. I was having issues with the alternate provider and Phoenix Internet called me and told me that they had upgraded

their equipment and they could service my needs if I came back to them. I agreed and in the fall of 2010 I signed my second

Two Year agreement. As my company grew it became evident that I needed a stronger Telecom Provider. My contract with

Phoenix Internet was up in 2012 so I gave my 30 days notice last week. Phoenix Internet told us that if you read back in the

contract there was an Evergreen Clause that automatically renews every two years. I was floored. This clause was not in

their first contract and the Sales Rep had never notified me of the automatic renewal.

I am seeking your help to get rid of this automatic renewal clause. Please let me know if you need any additional informationDesired Settlement: I fulfilled the first contract signed with Phoenix Internet in 2006. I have more than fulfilled the second contract with Phoenix Internet signed in 2010. I expect them to let us go our separate ways. I do not owe Phoenix Internet any more money.

Business

Response:

[redacted] is not a Customer of Phoenix Internet. [redacted] signed a contract on behalf of[redacted] in 2006 as their “Vice President” and canceled service in 2010 fully satisfied that agreement. [redacted] signed a new agreement for[redacted] a few months later.[redacted] cancelled service on 3/13/2014 after the contract had already renewed a few months prior.Resolution:Phoenix Internet billed [redacted] according to the Agreement for the early termination fees. Customer refused to pay and Phoenix Internet turned over the account to its collection attorneys.

Review: [redacted] enter a contract with Phoenix Internet for high speed internet service. They were unable to complete the installation without additional work required that would entail significant cost to [redacted] and according to the contract we could cancel the contract.

This is the statement in their contract:

"If additional charges are required for installation, Customer may terminate this agreement without penalty."

The contract or our discussions never referenced a $100 service fee.

The installation was never done and we received no service.

Three weeks later they charged our credit card with an early termination fee off $499 and a service charge of $100.

When the charged appeared on our credit card we contacted Phoenix Internet and where treated rudely and could not resolve the issue.Desired Settlement: Reverse the credit card charge.

Business

Response:

Regarding Complaint ID: [redacted],

This customer signed a contract with Phoenix Internet to install Internet service via a microwave link to be mounted on the roof of the building they occupied. Included with the contract was a roof release for mounting the microwave link on said roof also signed by the customer. I have reviewed the notes in the installation ticket on the account and have the following response.

The first fee of $100 was a dispatch fee relating to our technician going to the customer's place of business to perform an install and being refused access to the roof to perform the installation. The customer told us it would take two weeks to gain authorization from the building owner who was out of town (we were told the building owner would be in town on 8/15/2013).

The second fee of $499 is the order cancellation fee detailed in the contract signed by the customer. This fee was only charged after the customer requested a cancellation during our follow-up to determine if they had gained roof access so that we could attempt the install again (approximately two weeks following the initial attempt at install).

The customer is correct to say that they can cancel service before installation without a charge if additional equipment is needed. The customer is also not charged if Phoenix Internet cannot provide service to a location. Unfortunately, the customer never provided roof access to our technician to make a determination of either of those clauses therefore Phoenix Internet stands by its charges. There is always a chance for the need of additional equipment or material depending on the customer roof top. Our standard install, which is all that is necessary for a majority of customers, does not have any additional charges attached to it. The rudeness was not on the part of Phoenix Internet, as we went through the contract provisions with the customer during multiple calls after invoicing the customer for the cancellation.

Phoenix Internet

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below

On the day the installer for Phoenix Internet

Services we were initially unable to find anyone in the landlords office (they

were late arriving). After a short wait, we were able to obtain keys to the

network room and the roof. After investigating the installer informed us that

he would have to drill a hole through the roof to attach the dish on the roof

and that Phoenix Internet Services did not do that. We would have to acquire

those additional services from someone else. Our management office told him we

were not allowed to attach anything to the roof without permission, and that

the landlord was on vacation at the time. I was able to contact the landlord,

but decided the unexpected cost of having to make a modification to the

building was not worth it. Based on our terms of the agreement we decided not

to have the installer install, and opted to not install the service at all.

Also there was never is reference of a $100 service charge in the contract I signed.

Regards,

Review: After [redacted] went out of business, all the locations are ow operated by [redacted], no bills were received, Therefore none were paid. As soon as we were contacted about the bills, we were willing to pay them. In the middle of the email conversations, the company sent it to collections and was unwilling to work with us about the unfair cancellation charges.

When it was all said and done, I paid them 1887.35. of which about $1000 was in cancellation and late fees. As you can see in the email, I was trying to help the process.Desired Settlement: half of the cancellation charges approximately $500

Business

Response:

[redacted] is not a customer of Phoenix Internet. Andrew [redacted] the Owner of [redacted] signed two 24 month agreement for Phoenix Internet to provide Internet and phone services to his company. [redacted] cancelled the agreement to provide phone service before the term was up and was invoiced early termination fees per the agreement. Phoenix Internet made attempts to collect payment for early termination fess for the phone service. Phoenix Internet continued to provide Internet service to [redacted] during the time the phone service fees went unpaid. On 8/14/2008 [redacted] contacted Phoenix Internet asking about the terms of contract. Our Billing Department sent them a copy of the signed contract for their review.

[redacted] continued receiving Internet services up and until 2/04/2014. [redacted] was delinquent on their account for non payment and their services were shut off.

Resolution: [redacted] account was sent to Phoenix Internet’s collection agency. [redacted] paid the amount owed under the Agreement to Phoenix Internet’s collection agency.

Review: [redacted] has used Phoenix Internet as the provider for our internet since 2005. In 2011 we signed a contract to increase the speed, and add an extra $5-10 to the bill to our $85.00 monthly charge. In June 2013 we changed telephone carriers who were also able to provide our internet so I called Phoenix Internet to terminate our services and they asked that I send it in writing, which I did. However they are now charging us $810. for early termination of the contract. However when I looked back to the 2011 email that they sent to sign, there was no information included beyond that first page that would indicate any length of the contract. I have paperwork and the emails to substantiate my information. Our monthly billed amount was $90. Charging us $810 for "early" termination is very excessive, especially when I did give them the required month notice and no contract was ever included in our signup 2 years ago. They indicate that they are turning this charge over to a collection agency!! Very poor business policy of not being able to terminate after doing business for 9 years!Desired Settlement: We have terminated our service with Phoenix Internet with written documentation and notice and we want them to drop the charge of "early termination" fees of $810.00 and not turn this into collections.

Business

Response:

[redacted] entered into a contract with Phoenix Internet on 3/30/2005 to provide Internet services. Six years later on 04/20/2011 the customer [redacted] requested to upgrade their current Internet speed. ”Office Manager” [redacted] singed on behalf of the customer [redacted] a new contract to pay an additional $5.00 per month, for faster Internet speeds, and extend their existing term for another 12 months with all of the provision contained in the original terms and conditions signed on 3/30/2005.

Resolution:

Phoenix Internet received a cancellation notice from the customer [redacted] on 12/06/2012 and charged the customer early termination fees per the Agreement. Phoenix Internet attempted to collect the remaining balance. After several attempts to make payment arrangements with [redacted], they were sent to collection on 10/01/2013.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Please see the attached 2 pages. #1- the contract to extend services with Phoenix Internet dated 4/20/11 - contract states term of wireless service in 12 months

#2 - Our letter canceling service $6/14/13. (2 years after contract signed.) The are charging us for early termination fees!

Thank you

Regards,

Business

Response:

This was turned over to collection attorneys and we cannot discuss this account, it would undermine their efforts to collect the debt. The client had 10 months remaining ($90/month) on their term and were charge the 80% per month cancellation fee which adds up to $720.00. The additional amounts are late fees. They will need to talk directly to [redacted] by calling [redacted] if they want to settle or make an offer. Sorry I cannot be more useful but this is over a year old from what I see and the Customer had always claimed nothing was owed something we could not work with.