November 30, 2009 at 13:18SBU vs. Colocall: Caution! Do not substitute your resource. Recommendations for site owners
Hello! My project car.ua, like hundreds of others, suffered as a result of the actions of the SBU of Ukraine in the Dnipropetrovsk region (read more here ). Below I want to give recommendations on asserting my rights to other affected site owners, and also, possibly, get advice from the habrasociety.
All the previous week I have been waiting for at least some of the Bell movements to protect the rights of my clients. As it turned out, the Bell made them, however, did not bother to at least occasionally update the news on its website on this occasion (if we take the same Gorodskoy portal of Dnepropetrovsk, it daily covered the situation on this occasion). It seems that for them this is an ordinary event and you can get off with exactly one piece of news.
In general, I had already started to go to consult friends of lawyers and almost prepared all the papers, as they called me on Friday afternoon from the law firm serving the Bell. I was offered to participate in the struggle for my rights, described the whole future process and, at the end of the conversation, sent ready suits. And now the most important thing:
What does the hosting provider Bell offer:
- file a lawsuit in the administrative court against unlawful actions of the SBU
Site owners, you generally have nothing to do with this showdown. This showdown is purely bells and SBU. They are trying to gain you for quantity and for giving weight in pressure on the SBU. So, this pressure will not change anything in principle, except that individual projects will gain an enemy in the form of the SBU. What is this fraught with? Criminal cases may be instituted on your individual projects, or maybe not fake, you never know what will be found on your servers, and the examination is a long thing, especially considering the level of our experts.
- A lawsuit against the Bell, requiring them to fulfill the contract. The most interesting thing in this lawsuit is that we are asked to demand that we simply comply with the terms of the contract. But what about financial liability? In addition to basic hosting payment, you may have lost profits. The advertiser paid you, but you do not twist the advertisement, your employees are idle, etc., etc. The main thing is that all your financial assumptions are documented.
Why does the bell ask us to sue them? In order to sue the SBU with a positive court decision, they say that they prevent them from observing the contractual conditions. But without financial claims, all these claims are just air, the Bell will not be able to tell the SBU about any losses, because the client has no complaints about the financial plan. It turns out the ideal business: everyone pays - you do nothing.
And I almost forgot, for some reason the Security Service of Ukraine is included in the third parties of this agreement. If there is a third party - it must be present. What prevents the SBU from appearing at meetings? But they can come, but will it be better
? ☺ What site owners need to do
is send an official complaint to the Bell, taking into account non-compliance with the terms of the contract, and also, without fail, taking into account all financial losses. There is a fact of termination of work, at least there is an official payment for services. If the claim is recognized, then you go to court and confirms it. It is important to prescribe all-all financial assumptions. After this, the question arises of terminating the contract and responsibility for the information. Calculate how much and how you have spent on creating your product, etc., etc. Good lawyers will help you figure it out.
One thing needs to be understood, until it’s exactly the Bell that the clients begin to seriously - the SBU will not begin to move.
What the Bell is doing now is a dumb exit from the client’s financial claims. You must understand that if everyone continues to pay the Bell, the work goes on, then there can be no talk of matyubot between the Bell and the SBU. It may end simply with the fact that the bell says "delete illegal information and don’t return the hardware to us."
PS I have a strong feeling that the process of hijacking the servers was like this: the SBU came and says give us the server of such and such a project, they are answered - oh yes there are so many servers, you will find FIGs. Here SBU and took to search.
Sincerely, Project Manager automarket Car.ua .
All the previous week I have been waiting for at least some of the Bell movements to protect the rights of my clients. As it turned out, the Bell made them, however, did not bother to at least occasionally update the news on its website on this occasion (if we take the same Gorodskoy portal of Dnepropetrovsk, it daily covered the situation on this occasion). It seems that for them this is an ordinary event and you can get off with exactly one piece of news.
In general, I had already started to go to consult friends of lawyers and almost prepared all the papers, as they called me on Friday afternoon from the law firm serving the Bell. I was offered to participate in the struggle for my rights, described the whole future process and, at the end of the conversation, sent ready suits. And now the most important thing:
What does the hosting provider Bell offer:
- file a lawsuit in the administrative court against unlawful actions of the SBU
Site owners, you generally have nothing to do with this showdown. This showdown is purely bells and SBU. They are trying to gain you for quantity and for giving weight in pressure on the SBU. So, this pressure will not change anything in principle, except that individual projects will gain an enemy in the form of the SBU. What is this fraught with? Criminal cases may be instituted on your individual projects, or maybe not fake, you never know what will be found on your servers, and the examination is a long thing, especially considering the level of our experts.
- A lawsuit against the Bell, requiring them to fulfill the contract. The most interesting thing in this lawsuit is that we are asked to demand that we simply comply with the terms of the contract. But what about financial liability? In addition to basic hosting payment, you may have lost profits. The advertiser paid you, but you do not twist the advertisement, your employees are idle, etc., etc. The main thing is that all your financial assumptions are documented.
Why does the bell ask us to sue them? In order to sue the SBU with a positive court decision, they say that they prevent them from observing the contractual conditions. But without financial claims, all these claims are just air, the Bell will not be able to tell the SBU about any losses, because the client has no complaints about the financial plan. It turns out the ideal business: everyone pays - you do nothing.
And I almost forgot, for some reason the Security Service of Ukraine is included in the third parties of this agreement. If there is a third party - it must be present. What prevents the SBU from appearing at meetings? But they can come, but will it be better
? ☺ What site owners need to do
is send an official complaint to the Bell, taking into account non-compliance with the terms of the contract, and also, without fail, taking into account all financial losses. There is a fact of termination of work, at least there is an official payment for services. If the claim is recognized, then you go to court and confirms it. It is important to prescribe all-all financial assumptions. After this, the question arises of terminating the contract and responsibility for the information. Calculate how much and how you have spent on creating your product, etc., etc. Good lawyers will help you figure it out.
One thing needs to be understood, until it’s exactly the Bell that the clients begin to seriously - the SBU will not begin to move.
What the Bell is doing now is a dumb exit from the client’s financial claims. You must understand that if everyone continues to pay the Bell, the work goes on, then there can be no talk of matyubot between the Bell and the SBU. It may end simply with the fact that the bell says "delete illegal information and don’t return the hardware to us."
PS I have a strong feeling that the process of hijacking the servers was like this: the SBU came and says give us the server of such and such a project, they are answered - oh yes there are so many servers, you will find FIGs. Here SBU and took to search.
Sincerely, Project Manager automarket Car.ua .