I have a problem with Dex One, who was hosting my business website. On January 9, my website disappeared from the server, which I figured out the next day. When I was finally able to get ahold of anyone who could figure out what was going on (2 days later) they told me that either "by accident
or on purpose" my website was "cancelled" even though I have a signed contract
stating I wanted to renew it. The botXXXXX XXXXXne ended up being that my rep make a mistake, but I was without a website. And for some reason still unclear to me, they had no backup copies, and told me that they were unable to retrieve it or put it back online because the company who provided the template for my website was no longer doing business with them. It took over a week to get to this point. I kept getting the run around, with a lot of excuses. But I was without a website, and could not be given an answer as to why they couldn't get it back online; I was only told that they couldn't do it, and that my website would have to be rebuilt, which could take up to 45 days. (This meant, by the way, that I would have to rebuild my entire website, as I had built it myself over the course of the last 6 years - and it was all gone).
Of course by this time, I was not only extremely frustrated, but I was losing business as well as my hard earned ranking in the search engines. With them not able to provide any answers or solutions about my website, I no longer had faith in them to host my website, and I began working with someone to have my domain transferred to another host.
Five days later, they somehow were able to find my website and get it back online "for a very limited time" - long enough for them to gather the information from the website. They wanted me to contact the web design department to start rebuilding my website. This would supposedly be a much better website - because the one I had was apparently outdated in terms of "all the bells and whistles" they could now offer me (yet I was paying full price for it). They offered to rebuild this for me for "free."
I sent an email to the person I had been talking with (the superior of my rep who cancelled my website in the first place) and told him that due to their mistake and my resulting lack of confidence in their ability to take care of my needs, I was taking my business elsewhere. I also contacted the web design department and told them not to do any work on my website. That I was moving it to a different host.
This has been going on for 7 weeks now. Supposedly the person I have been working with says he has been trying to talk to whoever it is he talks to - to try to come up with a settlement for me. So here's what they came up with - 25% off my bill for 3 months. AND I'm still responsible for paying for my website hosting with DEX. They won't let me out of the contract.
It is my contention that THEY breeched the contract first, so I am well within my rights to take my business elsewhere and not have to pay them. I also believe I am due some sort of compensation beyond just not having to pay for what I didn't get. They disagree. And no one who has any authority will tell me anything. I've been handed off to the claims department.
I would like to pursue this in small claims
court. Do I stand a chance. Or am I stuck?