Good fellows at the crossroads or what to do if there is no more DC, and a lot of money has been paid in advance

    We paid 7200 rubles per month for renting a dedicated 2xIntel Xeon E5405 2.0 GHz, 8 GB RAM, 4x146 GB SAS SC40Ge SAS RAID dedicated server, and made a prepayment a year in advance.

    DC stopped providing services (naturally, violating the terms of the contract). There are no serious hopes for the continuation of relations according to the old rules, and the following options are possible:
    - termination and return of unused money (they rest, they say, only in court)
    - continued on new conditions proposed by the Operator.

    The DC was located in Moscow, but now we are offered to move to Holland with compensation for losses and a proposal to help move to a new piece of iron.
    The main problem is that the proposed servers are either much worse or significantly more expensive. Traffic is also considered inconvenient (it was 2000 per month for 100 Mbit, now, if I understand correctly, 100 rubles for 1 Mbit).

    But in order.

    When the DC, after a series of adventures, nevertheless stopped working and we were left without a server, the first thing we decided was to move to another. Good people on good conditions gave the server and transferred data overnight, for which we are extremely grateful to them. I will not do impudent advertising, I’ll just say that it’s DC Fiord.

    Secondly, I wrote a complaint to our dear Operator.
    To the Director General of LLC Operator
    ##############
    From the Director General of
    LLC Subscriber
    ###############
    Regarding the improper provision of services under Agreement No. # ### from ############## years

    Claim

    According to the terms of agreement No. ############### from ########### ### concluded between Operator LLC (Operator) and Subscriber LLC (Subscriber) Operator:
    • provides connection of the Subscriber’s equipment with the data exchange node;
    • assumes "ensuring access to the resources of the Subscriber of third parties on the Internet."
    According to clause 5.9 of Agreement No. ############### of ##############,
    5.9. The administration may suspend the provision of the Services for the time necessary for routine maintenance on the equipment, having previously notified the Subscriber about this, at least one day before the start of work on the equipment. The total server unavailability time associated with routine maintenance should not exceed 10 (ten) hours per month.

    However, from 22:00 April 6, 2010 to 03:00 April 8, 2010 and from 12:00 April 16, 2010 to the present time, the Operator, in violation of the requirements of the Agreement, has not ensured the availability of equipment with data exchange nodes, has not provided access to the resources of the Subscriber of third parties on the Internet.
    The total length of the period exceeds the agreed 10 hours, in addition, the Operator did not send any prior notice, which violates the requirements of the Agreement.
    Services are currently not provided in violation of the requirements of the Agreement.
    At 12:00 on April 16, 2010 LLC Subscriber paid Operator LLC ############### rubles.
    In fact, the services rendered are in the amount of ############## rubles

    Based on the foregoing, I demand:
    1. Return to Subscriber LLC (to the Subscriber) a copy of Agreement No. #### signed by Operator LLC (Operator). ########### of ############### ,.
    2. Resume the provision of services under Contract No. ############### from ############## within 1 day from the receipt of the claim and compensate for the period of improper provision services by the Operator, and if such renewal is not possible, to return within the same period the amount of cash in the amount of ###### rubles paid by the Subscriber as an advance, minus the cost of the services actually rendered.
    3. Otherwise, we will be forced to apply to the court with a request to collect the amount of debt, interest for using other people's money, expenses for the services of a representative and payment of the state duty.

    General Director of LLC “Subscriber”
    __________________
    M.P.


    The claim went by registered mail with a description of the attachment and a receipt of receipt, and the week was quiet.

    Then an email came up with a proposal to resolve the issue by moving to Holland with the provision of an adequate server, compensation for relocation and high-quality support. “Wow,” we thought, maybe it's not so bad? “Wow,” said the Operator, and rolled out, in our opinion, conditions that were unacceptable.

    The following was proposed:
    0. 2. Core Xeon (2.13Ghz) / 2GB RAM / 4 x 750GB SATA - this started the negotiations, and probably it was about our price at 7200.
    1. DELL 1950/2 * Dual Xeon 5110 (1.6Ghz / 2x2MB) / 4GB RAM 2x 73GB + 4Gb - 11 000 rub. per month
    2. 2 Xeon 5110 / 4GB / 2x 300GB SAS / RAID / 2PSU + 4Gb - 10 500 rubles. per month

    I am not special in server hardware, but, afaik, the proposed one obviously worsens our situation.

    We tried to find out the positions:
    Hello!

    Unfortunately, the configuration you proposed is worse than what we need. According to RAM
    and disk, everything is fine. But the processor is obviously worse than the minimum requirements
    that we need. Below I wrote, either 8 cores of 1.6; or 4 cores of
    2.6. These are the minimum requirements for the operation of our server under the load
    that will be on it.

    Also, the configurations you offer are obviously more expensive than what we had
    before and what we paid in full. All of the proposed options do not
    suit us.

    We paid 9,200 rubles per month, taking into account a channel of 100 mb. Server rental was
    paid one year in advance (until February 2011) and during this period
    The price has been fixed. We also incurred expenses by paying a one-time fee
    for installing two hard drives (which cost us # rubles), which
    we planned to use at least until February 2011.

    There are two ways out of the situation:
    1. Either you offer us an adequate server (suitable for our
    requirements) and at an adequate price (not much different from the old one, taking into account the
    fee for the Internet channel), as well as compensate us # rub (in the form
    accounting for payment of services) that we were forced to incur at the termination of the
    provision of services
    2. Either return money in the amount of # rubles paid for
    unused services, including # rubles - balance on April 16
    2010 (Payment for the server for the year and the amount in the account of your personal account for
    paying for the Internet channel at the rate of 2000 rubles per month), as well as the fee for
    installing additional hard drives - # rubles.


    The end is a bit predictable:
    We can only refund you through the courts.


    Actually what I want and why I am writing. It is clear that we ourselves are to blame for everything and the risk led to such an ambush. It is clear that the Operator sometimes behaves extremely ugly, and this is not worth discussing, on the contrary, I am glad that there is at least some constructive design.

    I want to consult.
    Questions :
    1. What to do in such a situation? The court will undoubtedly be fascinating, and I can write five articles on Habré, but most likely I will not be able to get money.
    I just don’t want to accept the proposals voiced above, because we don’t need them, but given paragraph 1, maybe this is the way out
    2. As a quick review of the dedicated server rental market showed, the conditions that we used were very comfortable in terms of price and power of iron. If this is so and the conditions were cheaper than market conditions, then probably you should not rest now.
    3. I can offer anyone this option: we accept these conditions and for several months ahead our server. Since we don’t need this one, we have other needs, then on a sublease basis (at cost, naturally or on other conditions discussed), it becomes yours. At the end of the prepaid period, we decide what to do.

    ps. No, this is not about Makhost :)

    Also popular now: