Complaint Review: ascentive.com - Internet

I recieved my order for "active speed" about 2 weeks ago. Reported to the company that it didn't work and further tied up my computer.I kept getting replys from support"your internet connection is not working" (yet they could get my emails and I could get theirs).I filled out many support forms at their site, with no results. As it affected my machine I removed it. Since I have spenf hour trying to cancell, but no one can give me the form to do so. They state without the numbered form you can't cancell. I always felt the law stated on any email there shoud be a cancellation URL you click. I am so fed-up I am reporting them to the FTC, BBB,and am sending a regestered letter to thier office at 201 spring garden street, Phil. I have pages and pages sending me from one page to an other never did find the report.

First of all, when any customer orders our software they must agree to the License Agreement (viewable here: http://www.ascentive.com/download/EULA.html (section 9 deals with Trial Software)) which states the cancellation policy (ii. All charges and fees will be billed to your credit card at the end of your trial period. Your trial period begins at the time you submit your order regardless if you have used the software or not.).

Once the customer's order is approved, they are automatically sent a receipt and another email with download instructions. Both of which contain a link to our License Agreement. You can view a copy of a sample receipt here: http://supportdev.ascentive.com/receipt.html and a copy of a sample download email here: http://supportdev.ascentive.com/download.html

Secondly, before the customer may install the software, they are, again, given this agreement and must press, "Yes" to install the software (see: http://supportdev.ascentive.com/EULA.gif). If the customer was not satisfied with the software, they could have emailed us BEFORE the trial period ended for assistance or to cancel. We provide a link on every single page of our support site (www.ascentive.com/support) to a form to email our company.

Third, at the time this customer wrote to us, we were very short staffed and yes, it did take more than a normal time to answer emails, but regardless, the email that this customer sent was on the day after their trial period was over. Again, as stated in our License Agreement, the software must be cancelled within the trial period. They had 30 days to email us to cancel. We do not offer phone support, we however, offer a Live Chat feature during business hours and also our email is available 24 hours a day, 7 days a week, 365 days of the year. If their email to cancel had come in within their trial period, regardless if we had not answered until days, weeks or even months later, the email is stamped by receive date and that is the date that the cancellation is recorded and their request would have been honored.

If this customer failed to read all the terms of the License Agreement, that is not our fault. They were presented this agreement a minimum of 4 times so they were made well aware that this software was bound by this agreement. Even if they missed the links on the order page, the download email and the receipt, they had to physically click a button to state "Yes I agree to these terms..."

Subj: Re: Bad Credit Card
Date: 10/25/2002 6:48:41 AM Pacific Daylight Time
From: [email protected]
To: [email protected]
Sent from the Internet (Details)



Hi,

Thank you for contacting Ascentive. You purchased subscription software (ActiveSpeed) from Ascentive on September 13th. There was a one-month free trial period, after which you were charged the price of $39.95 on October 13th.

I hope you are enjoying the software. Let me know if there's any other way I can help you.


Sincerely,
Sharon Wasko
Ascentive Support
http://www.ascentive.com

-----Original Message-----
In a message dated 10/13/2002 3:24:52 AM Pacific Daylight Time,
[email protected] writes:


> [email protected].

what are you billing my credit card for?

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Message-Id: <[email protected]>
Date: Fri, 25 Oct 2002 13:48:36 -0000
From: [email protected]
Subject: Re: Bad Credit Card
To: [email protected]




Subj: Re: Bad Credit Card
Date: 11/5/2002 10:51:15 AM Pacific Standard Time
From: [email protected]
To: [email protected]
Sent from the Internet (Details)



Hi,

I am sorry to hear that you are unhappy with your purchase. Because you did not cancel within your 30 day trial period, you are still responsible for the subscription fee whether you intend to use the software or not. Not using the software does not cancel the trial.

When you purchased and/or installed your Ascentive software, you agreed to the terms and conditions of our software agreement.

The order page on our web site specifies, "By pressing "Process Secure Order", you state that you accept the software's License Agreement."

As stated in paragraph 8, subsections 2, 3 and 4 of the End User License Agreement:

ii. ALL CHARGES AND FEES WILL BE BILLED TO YOUR CREDIT CARD AT THE END OF YOUR TRIAL PERIOD. YOUR TRIAL PERIOD BEGINS AT THE TIME YOU SUBMIT YOUR ORDER REGARDLESS IF YOU HAVE USED THE SOFTWARE OR NOT.

iii. SUBSCRIPTION FEES: THE SUBSCRIBER IS RESPONSIBLE FOR PAYING PERIODIC SUBSCRIPTION FEES ACCORDING TO THE "THEN-CURRENT TERMS" OF ASCENTIVE LLC. SUBSCRIPTION FEES ARE NON-REFUNDABLE ONCE YOUR AGREED TRIAL PERIOD HAS ENDED AND YOUR CREDIT CARD HAS BEEN CHARGED. IF THE USER CAN'T ACCESS THE SERVER DUE TO TECHNICAL PROBLEMS NOT RELATED TO ASCENTIVE LLC, THE SUBSCRIPTION FEE WILL NOT BE REFUNDED.

iv. AUTOMATIC RENEWAL: SUBSCRIPTION FEES FOR REGULAR MEMBERSHIPS ARE AUTOMATICALLY RENEWED AT THE END OF THE ORIGINAL TERM SELECTED, FOR A LIKE PERIOD OF TIME, UNLESS NOTICE IS SUBMITTED BY THE SUBSCRIBER TO ASCENTIVE LLC OR THE SITE THREE (3) DAYS PRIOR TO THE END OF THE TERM. SUBSCRIPTION FEES FOR TRIAL OR SPECIAL INTRODUCTORY OFFERS AUTOMATICALLY RENEW TO THE SUBSCRIPTION RATE AT THE END OF THE ORIGINAL TERM SELECTED, UNLESS NOTICE IS SUBMITTED BY THE SUBSCRIBER TO ASCENTIVE LLC OR THE SITE THREE (3) DAYS PRIOR TO THE END OF THE TERM. UNLESS AND UNTIL THIS AGREEMENT IS CANCELLED IN ACCORDANCE WITH THE TERMS HEREOF, SUBSCRIBER HEREBY AUTHORIZES ASCENTIVE LLC TO CHARGE SUBSCRIBER'S CREDIT CARD (OR OTHER APPROVED FACILITY) TO PAY FOR THE ONGOING COST OF MEMBERSHIP.

I'm sorry that we are unable to process your request at this late date. We believe that a month is enough time for users to decide whether or not they want to continue with subscriptions and we apply that rule to everyone, including you. We would be happy to provide the organization of your choice with copies of your receipt, the EULA that you agreed to when you made your purchase, our dated email logs, and an explanation of your failure to cancel within 30 days of your purchase.

You will, however, continue to receive Lifetime Technical Support for your software and free replacement copies.


Best regards,
Scott Kaufman
Ascentive Support
http://www.ascentive.com

-----Original Message-----
Yes, there is another way you can help me. Cancel whatever account you have
for me and credit my credit card. If you check your records you will see
that I have not logged into your site to use the software since about 2 days
after I downloaded it. It didn't work. Even if it had the fact that it took
you until the 25th to responde to an e-mail sent the 13th would be enough to
make me cancel.

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Message-Id: <[email protected]>
Date: Tue, 05 Nov 2002 18:51:05 -0000
From: [email protected]
Subject: Re: Bad Credit Card [T2002101300AG]
To: [email protected]




Obviously as you can see from the dates on these e-mails their claim of 24 hour customer service by e-mail is not true. I had also tried calling and just sat on hold without ever talking to a person. As a consumer that also does customer service their customer service sucks. Also as you can see if I had received an e-mail back immediatley my cancellation would have been on time.