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Your Overture Non-Stop Acct: xyyyzzz is Now Offline
The email body said that balance was low and they couldn't charge your credit card. "Unfortunately, we were unable to add sufficient funds to your account to keep it online."
"As we were unable to replenish your account to cover future clickthroughs to your site, we have temporarily suspended interrupted your service."
To me, this indicates the account is offline. But they continued to send me clickthroughs and charged me for 6 months.
I said I am not paying as they said it was offline. They said if I want an account with them, I have to clear the balance.
Opinions please? I'm steaming here!
Jon
Mitchy, we are here to amuse. ;)
Must...stop...posting....
I think I can
I think I can
I think I can
In English civil law a court/judge would say that you gained an advantage from the clicks and therefore you owe OV something, emphasis on something. He/she would suggest a binding figure for settlement at the hearing.
It would be slightly off the wall for a judge to award a civil settlement for the full sum outstanding IF you were not warned of the charges and debt accuring - your main defence.
However, I understand from the previous posts that you have been sent warning emails, a fact you do not refute, in that case a judge would (I imagine)lean towards awarding OV full settlement plus costs. Costs can be higher than the figure owing.
Either way you owe them something, I would imagine OV will not enter into a negotiated settlement therefore, should you not wish to go to court, settle the bill in full. This is my advice.
Judges are a law unto themselves and are on a civil basis unpredictable, I wouldnt push my luck having prosecuted Civil cases where I can show case law in my favour I have still lost.
- Just a point, recently a judge in the Willesden county court (london, NW10) allowed a plaintiff to increase the sum requested from £5000 to £25Million (!) without proof that the figure was owed.
Case awarded to the plaintiff (yeah got his £25mill) - Judge hauled over the coals for failing to excercise due control. The judge is still a judge. Get my drift?
So pay up. In future exercise more caution in your business dealings.
Then you state: "Judges are a law unto themselves and are on a civil basis unpredictable"
So how do you know they would say I owed something?
Also, I received no warning emails, just the account statement.
You are ignoring all my statements about the fact they said they took my account offline (and therefore would not send me any traffic) due to non-payment.
"In future exercise more caution in your business dealings."
How do you know that I don't?
It's the Thread of the Living Dead. Will it ever die?
Blimey, think of the opportunity cost!
When I scout round some of the other forums on WebmasterWorld I wonder how on earth I will read all the good posts.
Unpredictable - yes, Stupid - no, by that I mean you are just as likely to be found to be owing 100% of the debt as you are likely to be found to owe 50%. You will be found to be owing something.
Likewise, if a company started sending you a product without your consent, you owe nothing.
Therefore, if you receive something from a company erroneously, it does not suggest you owe anything. It is the companies mistake.
Think you are in denial and recognise your indefensable position. You can always tell this when someone stops arguing the points and fails to answer replies with any sense.
Maybe thats why someone emailed you saying you were a jerk.
Part of the contract you agreed to (and of which you brilliantly retained no copy) is that any revisions to the original contract will be made only with proper advance notice given (30 days or more) sent to the valid eMail address you provided at signup.
Even assuming--and it is highly, highly unlikely--that Overture did a total head-to-toe rewrite of its basic TOS contract in both its specific verbiage and general terms of intent since you signed up, you still would have been sent proper notification of such changes by eMail, and given a reasonable window of time within which to withdraw from your contract if you disagreed with those revisions. In fact, the TOS liberally gave you every opportunity to terminate the contract at will, at any time. You never did. A notification of change in terms, even assuming one was sent at all, you completely ignored anyway because, Mighty Genius, when it comes to Overture eMail, in your own words:
They all get filtered into a folder that I don't look at.
These posts are weasel words, because you want to weasel out, from some strange childlike state that never evolved past the ego differentiation of a 2 year old. Apparently you simply can't deflate your ego enough to admit it -like adults do- when you're wrong, even in the face of incontrovertible, incontestable, rock solid fact. It's called reality. So you simply hurl insults instead, and continue trying to obfuscate the plain, glaring truth. It's pathetic.
There really is no further point posting here if you think you can get one over on OV then go ahead and try they are bigger than you just consider that.
We have all attempted to give our (adult) points of view on the subject sadly your mind is made up and it beggars belief that you started this post in the first place.
"rock solid fact"
You see the cup as half full, I see it as half empty. I am quite certain a lawyer would see the contract modified according to the email they sent to me, stating they require payment to continue.
To date, you have not given any reasonable reply to this point.
As for the previous post, I have 3 things to say:
1. Yes Overture are bigger than me. Bullies tend to be larger too. But it does not mean they are in the right. Thankfully, Overture had sense to make the refund. In addition, they admitted it was a system error that caused the traffic to still be sent. i.e. it is not their policy to take payment under those circumstances.
2. "Your mind is made up" - Well, I could say the same about you. What evidence do you have to show the contrary?
3. You go on about being adult, but talking about being childlike is childlike in itself. It is a personal insult. This tends to happen if you cannot argue reasonably.
Yup.
Pathology on parade.
Pathetic.
I'll stand by my posts.
I am trying to focus on the issues here and you just want to turn it into a mud slinging match. That is hardly being adult.
Maybe they should have a flame wars forum or something.
I think corporations, due to their overbearing size in some instances, owe a responsibility to customers (and suppliers). If they make mistakes, they should readilly rectify the situation. They should show goodwill. Unfortunately, when a company is in a monopoly situation, they can abuse their position.
In the past, when I have been overcharged for something, it can take so much effort to rectify the situation that its not worth the effort. I remember trying to get through to a real live customer service representative on my T-Mobile account. There was such a vast menu system that I never did work out how to get to one. So I passed the phone to my administrator. She couldn't work it out too!
If you terminate a magazine subscription, but they keep sending you the magazine by mistake
That does not parallel your Overture circumstances so it's not a valid comparison.
You told us that you didn't terminate or turn off your Overture campaigns, you simply assumed that they were turned off from the company's end. Those are two quite different situations and different logic applies.
"In English civil law a court/judge would say that you gained an advantage from the clicks and therefore you owe OV something, emphasis on something." ..and... "So how do you know they would say I owed something? - Because you received something."
This statement is clearly not true. Just receiving something from someone does not mean you owe something. I wish it did. I would just send out a whole load of product to someone and look forward to payday.
Let's see, um:
Just receiving something from someone does not mean you owe something. I wish it did. I would just send out a whole load of product to someone and look forward to payday.
Right you are there, Einstein. You have the most in-credible grasp of the obvious, we are all very impressed. There's just that eeentsy beentsy teentsy tiny little difference:
You contracted to receive the goods.
It seems you don't want to commit yourself here. Hmmm, I wonder why.
[edited by: luckychucky at 9:31 pm (utc) on Sep. 26, 2004]
If you enrol in the Non-Stop Traffic Plan, then you authorise Overture to automatically charge your credit card for the amount specified on the enrolment form whenever your account has less than 3-5 days of funds left. You understand that you will receive e-mail notification after each transaction to notify you that your account has been replenished. Such charges will appear on your monthly credit card statement. Overture reserves the right to terminate this payment plan and/or your participation therein at any time. You also understand that at any time, you may elect to discontinue your enrolment in this plan by providing written notice to Overture. Unless you discontinue your enrolment in this plan, you understand that this authorisation is valid until the termination of this Agreement with Overture or until your credit card expires.
Heh, trapped by your own words!
I think you should take a good long hard look in the mirror and ask yourself if you are any good and this kind of reasoned, rational debate. It seems to be beyond you.
Jon, the only one trapped by his own words is you.
Unless you discontinue your enrolment in this plan, you understand that this authorisation is valid until the termination of this Agreement with Overture or until your credit card expires.
