Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. In law, once payment is made, the person owed the money is not entitled to insist it be made in any particular format. Accordingly, if payment is made by transfer and the hosting company receives it, then it cannot then seek to withhold access to client emails as they have been paid. Otherwise they are in breach of their service agreement in insisting upon a direct debit mandate. Once they are paid, then they are not entitled to insist that it be by a certain method of payment. That is the law.
2. Your options are variously to move to a different hosting company, to pay them the fee by transfer and if necessary litigate the issue if they stop access to emails, to set up a direct debit mandate with the new bank and accord with their wishes. Those are the three options. Be aware that parties who insist upon direct debit mandates are attempting to smooth out cashflow and generally have payment issues themselves. The business is often undercapitalised to the extent that a few days late payment and they have a credit crunch. So this hosting company will probably give a discount for early payment.
3. This clause only gives the right to suspend the service if payment has not been made by five days after payment due date. It does not entitle the hosting company to suspend service merely because payment has been received but not by direct debit. So the hosting company are bang out of order in seeking to cut off service when payment has been received, albeit not by direct debit. Here clause 7.4 only kicks in "If the Company has not received payment within five days after the due date...". Once you have made payment, this clause is not applicable. So you can pay in time by bank transfer. Provided the payment is in time.
4. Be aware that the law is against you here, because you are late in making payment. This entitles the hosting company to cut you off. I would advise you not to use strong language, as these people will simply call your bluff, as you are clearly well out of time. Instead, I would advise you to either send a member of staff around with the money or courier around the necessary funds in bank draft form.
5. Why not pay cash? Send someone around with the money and then there is no issue.