November 2025 case

ok, starting from scratch - this is the contract in dispute.

They say I had a three year and cancelled early.

Amount owed is $22,815.26

1762981603036_Maplewood54335-0693w000009MvyuAAC.pdf

So $665.60 is the monthly.

3 years at this rate a month is $23,961.60

So I must have cancelled a couple months in.  Seems like 34 months is what they're after - not sure if there's interest.


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Here's the breakdown:

server.wwstf3.com - $437.60/month

server.worldwebservers.com - $218/month

I have the proof that the $218 was completely shutdown - we had an upgrade and it was referred to as server2.worldwebservers.com

So given this - 34 months in the remaining server would have only been: $14,878.40


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I had a second server upgrade that had an effective date of cancellation of September 24, 2021.  The correspondence was:

We have reviewed your agreement for terms and conditions. This agreement is currently on a MTM auto renewing contract. This would give you an effective date of cancellation of September 24, 2021.

No ETFs will apply.

Services covered in this notice:

1496869 [−] server.worldwebservers.com
1496870 E3-1230v3 Processor
1496871 16GB DDR3 RAM
1496872 1TB SATA
1496873 10TB Included Bandwidth
1496874 1Gbps Network Uplink
1496875 1 IP Address
1496876 CentOS (7.x)
1496878 Infastructure Managed Services
1496879 OS Managed Services (MBM)
1496880 SingleHop Shield Plus
1496933 Private Network Access: 100 Mbps
1497838 184.154.31.146 - 184.154.31.150
1729438 cPanel Premier Metal - 198.143.165.18 - Purchased 9/15/21


We will now process your request as outlined above.


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At this point the question is - How did this server get into a MTM contract.  And more then likely - it was via a phone call from my rep - who has since left the company - I have seen his name on linkedin - was thinking about reaching out to him.


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When I full cancelled the second server here's the info:

Good day, We have reviewed your agreement for terms and conditions. This agreement is currently on a MTM auto renewing contract. Per the MSA , you are required to provide 5 DAYS' notice prior to cancelation. This would give you an effective date of cancellation on August 19th, 2024. 

services covered in this notice:

1727832
[?] server.worldwebservers2.com1727833 E3-1230v3 Processor1727834 16GB
DDR3 RAM1727835 1TB SATA1727836 RAID Level 11727837 10TB Included
Bandwidth1727838 1Gbps Network Uplink1727839 100Mbps Private Network
Access1727840 1 IP Address1727841 5 Additional IP Addresses1727842
CentOS (7.x)1727843 cPanel Premier Metal - 184.154.255.261727844 R1Soft
Agent (billed monthly per GB)1727845 Shield DDoS Protection &
Mitigation1727846 Infastructure Managed Services1727847 OS Managed
Services Plus1728484 Private Network Access: 100 MbpsWe will now process
your request as outlined above.Regards, HorizonIQ Finance
SupportRef:MSG10000329_kshMExC6AGKAkaQqhBC


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so again - how did this get to Month to month (MTM)?


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From 11/1/22

Email from Andrew Paine From 11/1/22:

Good Afternoon, Jamie - Andrew Paine here; I am your account manager here at INAP.

We've not had the chance to sync up in some time, so I wanted to introduce myself. My role in supporting your account is to help facilitate upgrades, help with contract/renewal needs, and any other general questions regarding your account. Please feel free to reach out for anything at all.

I was reviewing your account today and I believe you are just auto renewing on month to month contracts.

With the year winding down, now might also be a good time to assess your resource and upgrade needs for the foreseeable future, which we can potentially group into a 2-3 year contract to help save you some money.

Let me know what your schedule looks like and I’ll be happy to assist.

Talk soon,

ANDREW PAINE

-----------------------

I did not reply and Andrew's follow up email - again highlighted saving money by an extended renewal.  If I was on this already - why was it mentioned?

Email from Andrew Paine From 12/6/22:

Good Afternoon, -- I’m following up on my previous email, and wanted to share that in addition to the extended renewal I mentioned below, there are other ways to save!

INAP is set to announce its launch of a Referral Program that can provide you with a credit of up to 1-month’s spend.

If you happen to know any peers/companies within your network that could utilize our services, please feel free to send them over. If they end up signing with INAP, then a credit will be provided to you when the Referee has been handed over the environment and their 3rd invoice has been paid.

Term payouts will be based on:

o 36 month will provide one month MRR

o 24 month will provide ½ month MRR

o 12 month will provide ¼ month MRR


If you have anyone in mind, OR, if my previous email sparked any questions/comments/needs, don’t hesitate to reach out and I can schedule some time for us to discuss.

Talk soon,

ANDREW PAINE


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First off - it appears that the amount your trying to collect is based on the 2 servers in the contract.  This is wrong in itself.  The elite server cancelled and upgraded on September 24, 2021.  Then consequently the upgraded server was cancelled 8/19/24 (#CASE01307200)  So the amount you're trying to collect is off by around $9,000.  I see Horizon had a bill listed for around $13,000 at time of cancellation.  Can you breakdown the amount owed?

I documented 3 instances where my rep and the billing department said I was on a month to month payment plan (MTM).  From the billing department 9/24/21 & 8/19/24 and my rep in 2022.  I need to fully understand why, when and how they acknowledged I'm on a MTM payment plan.  It makes complete sense because of my talks with Joshua Pyles, prior to the 2021 auto renew - I knew then I had no interest in a 3 year extension.  I need to understand why it applied to one server and not the other.  This makes zero sense.  I need full transparency from the company on this front.


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Cleaned up version:

First, it appears that the balance you are attempting to collect is based on two servers (Pro and Elite) under the original contract. That is incorrect.

  • The Elite server was cancelled and upgraded on September 24, 2021.

  • The upgraded server was then cancelled on August 19, 2024 (Case #CASE01307200).

Based on this, the amount you are seeking is overstated by approximately $9,000.  Please provide a detailed itemized breakdown showing how you arrived at the current amount you claim is owed, including dates of service, server identifiers, and the applicable rate for each period.

In addition, I have documented three separate instances where INAP/Horizon representatives confirmed that my account was on a month-to-month (MTM) payment plan:

  • Billing department – 9/24/21 - when server.worldwebservers.com was terminated.

  • My sales representative – Andrew Paine in 2022

  • Billing department – 8/19/24 - when server2.worldwebservers.com was terminated.

I need to fully understand why, when, and how INAP/Horizon acknowledged that I was on a MTM payment plan, and on what basis you are now asserting a 3-year renewal. It made complete sense at the time because, in my discussions with Joshua Pyles prior to the 2021 auto-renewal, I made it clear that I had no interest in a new 3-year term.  INAP had announced bankruptcy in March 2020 - so I had no interest in continuing.

Did MTM only apply to one server?  I need to understand why MTM status was applied to one server but not the other, and how that distinction was documented internally. At present, this is not transparent, and I am requesting full documentation of:

  1. All contract amendments or internal changes relating to term or billing status for each server;

  2. Any notes or tickets where MTM status was recorded or referenced; and

  3. The rationale for treating the two servers differently for term/renewal purposes.

Once I receive a complete explanation and itemized breakdown, I will be in a better position to evaluate your claim.

Sincerely,
Jamie Ross


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