SAP America, Inc

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I have reviewed the response made by the business in reference to complaint ID ***, and find that
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*** ***

Review: I bought the [redacted] PowerDesigner software years ago, and every year [redacted] would email me a quote to renew my basic software support, which allows me to download new software updates and upgrades. [redacted] was acquired by SAP, and this year, SAP emailed me on 10/1 to renew my software support. The letter attached in their 10/1 email has a subject of "SAP maintenance & support purchase schedule” and reads “maintenance & support service is due to expire on 10/27/2014.”

After considering the cost, I informed SAP on 10/8 that I decided not to renew. However, the account representative, Shane S[redacted], emailed me repeatedly. On 11/10, Shane emailed another renewal quote to me, and told me SAP has a 90-day cancellation policy, and because I did not write them 90-day in advance, he told me I cannot terminate, but must renew their support service. I told SAP that I never know of nor agree to any such 90-day cancellation policy. In reply, Shane alleged that, by renewing maintenance agreement with [redacted] in the past, I had agreed to SAP terms and conditions. To prove his point, Shane emailed me a "Welcome Letter" allegedly sent to all [redacted] customers in 2013 stating customers were being migrated to SAP Enterprise Support, and also a SAP Enterprise Support terms and condition document.

I believe this is unfair and deceptive business practices for the following reasons:

1) Simply sending a Welcome Letter does not bind the recipient to a legal contract. The Welcome Letter did not even ask me to sign nor initial it. It did not make legal sense that sending a letter to someone would make that person agrees to SAP terms and conditions. By the way, I do not recall receiving the Welcome Letter, and nobody sent me the agreement before to look at, and I never agree (or have a chance to disagree) to this 90-day cancelation policy.

2) The account rep said I am on SAP Enterprise Support, but this is contradicted by the two quotes from his 10/1 and 11/10 emails, which specified “Standard Support.” This may explain why I didn’t get the “Welcome Letter” last year because the Welcome Letter Shane sent me is for Enterprise Support. My previous [redacted] maintenance renewals are for basic software patches/updates only with no support.

3) I would like to point out that the first renewal letter sent to me was on 10/1/14. If the alleged 90-day cancellation policy applies to my account, then SAP should have sent that to me 3 months before (i.e. 7/27/14). By sending me a quote late, I am already robbed of the opportunity to consider the quote and to decide whether to renew or cancel. It is unethical for SAP to send me a quote this late and take away my ability to cancel.

4) Moreover, the first page of the 10/1 letter in Shane's email (same language in the 11/10 letter) said “Subject: SAP maintenance & support purchase schedule” and reads “maintenance & support service is due to expire on 10/27/2014.” Therefore, by their own schedule, SAP maintenance and support has been expired. I do not understand how something could be expired but not terminated.Desired Settlement: By SAP's own record, the software maintenance/support has expired on 10/27. It is unethical for SAP to send me a quote this late and take away my ability to cancel. Besides, I never agree to any such 90-day cancellation policy. SAP should not force me to renew it for another year.

Consumer

Response:

[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.]

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

Regards,