Ripoff Report | Heritage Web Solutions Review - Provo, Utah
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Report: #376291

Complaint Review: Heritage Web Solutions - Provo Utah

  • Submitted:
  • Updated:
  • Reported By: Wahala Connecticut
  • Author Confirmed What's this?
  • Why?
  • Heritage Web Solutions 1460 North Moonriver Drive Provo, Utah U.S.A.
  • Phone: 800-897-5961
  • Web:
  • Category: Websites

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If you view their POLICY on line it says they keep 50% of money regardless if any work was done if you terminate AFTER 30 days.

What they DO NOT say on-line is that the consumer MUST SIGN a GAG ORDER contract before any refund is given whether the contract is terminated before or after 30 days.

This Account Termination Agreement GAG ORDER forces the consumer to "agree to not engage in negative comments or slander regarding each other, including but not limited to complaints to the Better Business Bureau and any other public complaint forum. Client further agrees to keep the terms of this settlement confidential and not to disclose this settlement to or discuss it with other parties."

The contract further includes "Should there be any breach of the terms by either party, the offended party will be entailed to liquidated damages in the amount of $2500 for each breach of this agreement and the offended party is entitled to litigate this matter EXCLUSIVELY to the jurisdiction of the courts in the State of Utah, County of Utah, with the prevailing party entitled to an award of attorney's fees"

The consumer's refund is therefore held hostage unless he signs this sweet heart deal. And, most consumers after signing this will be terrified to contact their State Attorney Generals or File a complaint with the FTC for fear of being sued. Does filing a complaint with a State Attorney General or Federal Trade Commission violate this contract because a consumer says this NO GOOD company ripped me off in their complaint? NO ONE IS GOING TO TAKE THAT CHANCE to file a government complaint because most people cannot afford to go to Utah to fight a breach of silence agreement and if they don't show up, they automatically lose $2500 plus attorney fees. The State Attorney and FTC should FORCE the contract to say that consumers can still complain to GOVERNMENT OFFICIALS and list specifically who they can complain to.

The Better Business Bureau should BE ASHAMED for accepting HWS membership fees when they require consumers to sign a clause like this.

(Yes Folks, the BBB is a business which makes other businesses pay them fees to join). The BBB is a joke which is why this GAG ORDER contract mentions the BBB specifically and does NOT mention the state attorney or other legitimate government official complaint service like the FTC because most people ASSUME the BBB is part of the government WHICH IT IS NOT and Heritage Web Solutions hopes that consumers will assume that by OTHER AGENCIES this includes the State Attorneys and the FTC. Otherwise the HWS Gag Order would specifically state that this GAG ORDER does not stop a person from complaining to their Attorney Generals or FTC. Or, maybe this gag order really means that a person cannot contact them. Only a lawyer would know. Which is the point of this whole GAG ORDER-To silence the consumer by blackmailing them into signing a GAG Order to get their refund.

John doe
Wahala, Connecticut
U.S.A.

This report was posted on Ripoff Report on 09/26/2008 02:01 PM and is a permanent record located here: https://www.ripoffreport.com/reports/heritage-web-solutions/provo-utah-84604/heritage-web-solutions-must-sign-gag-order-to-get-any-refund-provo-utah-376291. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
1Consumer
1Employee/Owner

#2 Consumer Comment

Run from Heritage Web Soulutions!!

AUTHOR: Michael - (U.S.A.)

POSTED: Monday, October 13, 2008

This company is the truest of crooks... PLEASE SAVE YOUR SELFS. There is no lower SCUM then a company that feeds and steels from new small business owners. Heritage Web Solutions specializes in getting your money and frustrating you until you leave. I have hundreds of emails and documents and over 200 hours of wasted time to end up out $1, 300 to Mark Strong who has stolen tens of thousands of dollars from people like you and me. He will simply send a copy of his terms of service. HERITAGE WEB SOLUTIONS TERMS OF SERVICE is over 50 paragraphs of your out of luck. It even says they don't have to finish the site at all if they don't want to. I am not kidding. AND BE CAREFUL!! THEY SLIP IT BY WHEN YOU DESCRIBE WHAT YOU WANT FOR A WEBSITE... AFTER THAT YOUR OUT AT LEAST $59 PER MONTH FOR 12 MONTHS IN HOSTING FEES PERIOD!!

I will paste a letter he sent me below that says if you want to go to small claims court you need to come to Utah. You See he knows its not worth the trip and bam he keeps on steeling!! This scum bag offered me and my business partner $200 because the other $1, 100 should be his for having to email me???

AGAIN SAVE YOURSELFS FROM PURE HELL AND SCUM!!

SEE LETTER FROM CEO MARK STRONG BELOW.

Mark Strong Thu, Aug 28, 2008 at 4:04 PM
To: michael rose
Reply | Reply to all | Forward | Print | Delete | Show original
Dear Mr. Rose,

When you accepted Heritage's Terms of Service http://www.heritagewebdesign.com/tos.html on April 2, 2008 you accepted the essence of the third (3rd) paragraph in the Account Termination Agreement. See Section 41.

The purpose of the Account Termination Agreement is simply to put in concise terms the provisions of unwinding our relationship. Heritage doesn't need an additional signed Account Termination Agreement. It is as much for your protection as Heritage's.

It is now your call as to what you want to do. Our position has already been stated: $200 refund and release of Heritage's work to you. If this is not acceptable, then have your attorney communicate with Heritage at:

Heritage Web Solutions
1460 N. Moonriver Drive
Provo, Utah 84604

Attn: Legal Department

As a professional courtesy, please make your attorney aware of Section 43 of the TOS. It establishes the courts in the State of Utah as the courts having jurisdiction in all legal matters. It states:

43. Jurisdiction.

This agreement shall be governed exclusively by the laws of the State of Utah, USA, without regard to any conflicts of laws provisions thereof, as a contract entered into and performed entirely within the State of Utah. The parties herby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Utah, Counties of Utah or Salt Lake, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non convenient or otherwise.

Should you decide to litigate in any other jurisdiction, HWS will engage legal counsel in that jurisdiction. However, HWS will not litigate the merits of the case. Our legal counsel will have the jurisdiction referred to Utah. This Jurisdiction provision has been challenged in the courts before and the courts have consistently upheld this provision.

It is hoped that we can terminate this relationship amicably and promptly.

Please advise.
Respectfully,
Mark Strong
Chief Quality Officer
Heritage Web Solutions.

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#1 REBUTTAL Owner of company

We Care - Please Contact Me To Help You With Your Concerns

AUTHOR: Brad Stone - (U.S.A.)

POSTED: Friday, October 03, 2008

Heritage values all of its clients, especially those with concerns or complaints. It is in our best interest to work with customers who have complaints in order to reach a reasonable and fair resolution and establish a long term business relationship. In most cases Heritage goes beyond what is fair for the company and errs on the side of the displeased client.

There is no such thing as a complaint free company. Let me assure all who read this that those few who complain are less than 1% of our total volume of business. Heritage has been able to satisfy every complaint posted, given that customer gives us the opportunity to do so.

If you want to know the true character and integrity of Heritage, I would invite you to review our record with the Better Business Bureau. Heritage is a company with over 30,000 clients. In our entire history as a company, we have had less than 1% of our clients complain to the BBB. More remarkable, Heritage does not have one single unresolved BBB complaint.

To review Heritage's record with the BBB, please check with the Utah BBB - Utah.bbb.org.

With that said, I invite all who have concerns or complaints to please communicate with me directly. I will do my utmost to make sure Heritage resolves your concerns to your satisfaction. You can reach me by e-mailing CEO@hwsinet.com.

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