Zortalas on 06/04/2012, 02:38 PM - view
While I agree with your premise, this preconceived notion you have that TOS are legally binding is utterly asinine.
In quite a few court cases(of which it is 5:30 in the morning here and i refuse to go look to find..), companies have been "bend you over backwards and you cant do anything about it." by people willing to actually take these to court due to the fact that, well Companies can not make laws. A contract is only binding to the company not US or EU or even Oceanic law. By disagreeing with their contract you are basically giving up your ability to play. That is a fact. But something to do with billing, he is actually correct that he does have the option of taking legal action.
Now being that the average lawyer charges between 80-120$/hr, and would absolutely charge them for sending subpoenas to court etc. and being that I would give it a 80% chance that he would have received his refund long before Enmasse even received the subpoena. Well you can decide for yourself if that is a smart idea.
Xiann,
You have no clue what the actual problem is other than what you perceive; therefore, you do not know how to fix it. Please calm down and let them do their jobs.
It is NOT starting to get illegal until they have reached the end of the terms in which they have set. It's a very simple logic... if you sign an agreement, (which you did digitally by clicking on the little check box that says "I agree to terms and services agreement, etc etc"), they have every right to do whatever they wish as long as it is within said agreement -- so they could say, "You hereby agree that you will give us money for absolutely nothing with no compensation or return of any kind. We also hold the right to refuse refunds on anything and everything we see fit." So, to sum it up for you, they could bend you over backwards and you cant do anything about it.
Now, obviously Enmasse is not like that and their terms and services agreement states very similar standards and practices placed on the MMO subscription base - which means they have 30 days to take care of their business and at least respond to the issue at hand. Welcome to MMOs! Please feel free to Google all of the multiple dozens of other accounts an MMO billing service has ever had this issue.
Thank you for reading. And Enmasse, you still rock! Keep up the good work and hopefully these issues can be ironed out smoothly and quickly for everyone's sake.
While I agree with your premise, this preconceived notion you have that TOS are legally binding is utterly asinine.
In quite a few court cases(of which it is 5:30 in the morning here and i refuse to go look to find..), companies have been "bend you over backwards and you cant do anything about it." by people willing to actually take these to court due to the fact that, well Companies can not make laws. A contract is only binding to the company not US or EU or even Oceanic law. By disagreeing with their contract you are basically giving up your ability to play. That is a fact. But something to do with billing, he is actually correct that he does have the option of taking legal action.
Now being that the average lawyer charges between 80-120$/hr, and would absolutely charge them for sending subpoenas to court etc. and being that I would give it a 80% chance that he would have received his refund long before Enmasse even received the subpoena. Well you can decide for yourself if that is a smart idea.