EIRCA and legal action

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Posted by webrajesh, 07-27-2010, 02:44 AM
Iam one of the affected reseller of EIRCA.. now they have Shutdown all the services...how can we take LEGAL action against them ? Please suggest me..
Posted by Snoork Hosting, 07-27-2010, 02:55 AM
Could you please provide more information. What do you mean they shutdown all services and what kind of actions you would like to take? Have you contacted them and if so what did they tell you?
Posted by webrajesh, 07-27-2010, 02:57 AM
Hi http://genius.eirca.net/ uly 8th, 2010): We are aware of the current outage and are working to resolve it. Please stand by as we post updates. For more immediate updates as they become available, you may also follow Simon O'Rourke on twitter by clicking the button below. When we see the TWITTER a/c, # backups should now be with any of the resellers that requested them. If not, email c.donaghie@eirca.net 7:56 AM Jul 20th via web But there is NO RESPONSE for emails sent. Rajesh
Posted by M Bacon, 07-27-2010, 03:02 AM
It has been down since July 8th. Ouch.
Posted by tim2718281, 07-27-2010, 03:14 AM
Also see this thread from June 12th about EIRCA problems . http://www.webhostingtalk.com/showthread.php?t=955483
Posted by b2b3-2, 08-04-2010, 01:19 AM
Hello, Because of the first major lapse in service at EIRCA that began on June 12 and ended 6 days later, I consequently lost my 11 year old hosting and development business. ALL of my clients transferred their Domains to other providers about halfway through that period and abandoned me. Once their (EIRCA's) servers came back online, I attempted to recover all of the sites and databases for my clients. However, there was one static site and one database that I couldn't recover for various reasons... time being one of them. So, I paid for an extra month of service to gain the extra time required. Shortly thereafter, on approximately July 8th, the servers went down again, totally, and never recovered. From then on, there has been absolutely no way whatsoever to reach anyone at EIRCA. Their phone system is down, their support is non-existent, there have been no replies to any emails sent. So, the only way to monitor the situation was to follow Simon's twitter account for any updates. Since July 8th, there have been a total of (4) tweets by Simon relating to the down-time. The last three talk about how the existing clients can retrieve their backups from them, but unfortunately even though we followed their instructions perfectly, we have received no replies whatsoever. I personally sent (6) emails requesting the backups which are rightfully mine and my clients, but no replies were ever sent. I am personally being sued at this moment from two of the companies who no longer have websites they had paid us for. I even offered in my last email to Simon, to PAY THEM for MY BACKUPS if they could just get them to me, but I have received no replies. In all of my years (50 to be exact), I have never been treated so badly by any one company, but especially one that I had paid in good faith for a service that I understood was forthcoming. But most importantly, I was deceived by a man who I once had a great deal of respect for and who I thought of as a true friend. That is the toughest pill to swallow. Simon, you did a great disservice to both myself and my company with your actions, or shall I say inaction's. I will never, ever trust you again as long as I live, no matter how many times you call me in the future and beg me to be your customer again. You let me down first with DIY and now this. I was your biggest advocate with both of your businesses during a 6 year period. I forgave your disappointing service from DIY and came back at YOUR request to EIRCA when you assured me that you would never let a "DIY scenario" happen again. So much for that. If anyone here doubts that I was once a true believer in DIY (at one time), EIRCA, and Simon, please look up my posts on this site under B2B3. That's all I have to say. B2B3-2
Posted by THG-JD, 08-04-2010, 07:05 AM
If you are UK based, take it to the Small Claims Court.
Posted by TmzHosting, 08-04-2010, 08:18 AM
Wow that sounds brutal. Hope you find a new provider soon. Good Luck! - Daniel
Posted by the_pm, 08-04-2010, 09:14 AM
From Simon on Twitter: Perhaps he wasn't the controlling party after all. This isn't meant to address the concerns raised by customers in this thread, just a status update directly from the source, if anyone's curious. So, something's happening over there!
Posted by KMyers, 08-04-2010, 12:16 PM
Hello,
Posted by TmzHosting, 08-04-2010, 01:04 PM
Absolutely correct! - Daniel
Posted by tim2718281, 08-04-2010, 02:11 PM
Maybe we should start a forum sticky, listing service providers that have failed. The aim would be to raise awareness that provider failure is real, and could happen to anyone, any time. Anyone who depends on a hosting service for their business should have a plan for what they will do if that service collapses. And that plan must not depend on any backups being available from that service.
Posted by the_pm, 08-04-2010, 02:26 PM
This can be achieved without pointing fingers at providers too, you know I'm all for an informative post that discusses various considerations a potential customer should keep in mind, but there's no reason to use a sticky for name-and-shame. Discussions regarding individual providers can be carried out just fine in regular threads. By the way, this would actually be appropriate within the Web Hosting Wiki
Posted by TmzHosting, 08-04-2010, 02:29 PM
I agree with you. We shouldn't pinpoint companies directly. If you do a simple search on the forum you will come up with plenty of results. - Daniel Last edited by the_pm; 08-04-2010 at 04:46 PM.
Posted by TBradley, 08-04-2010, 03:15 PM
I agree as well. I am also very disappointed by the hosting company that did this type of dirty business. I believe the damage is too great to try to recover. Just get the customers their backups and close up shop. Last edited by the_pm; 08-04-2010 at 04:47 PM.
Posted by b2b3-2, 08-04-2010, 05:50 PM
Correct, I do have to take responsibility for "some" of the blame in this situation. You're right, I should have had my own backups because you never know when something like this will happen. I have my reasons why I didn't, but I won't bore you with a long explanation. Still, my upstream provider has an obligation to provide the services that they themselves advertised. They have a responsibility to their customers just like I do to mine. I am kind of tired of always hearing that the "end user" has to take the blame because they should have done this or could have done that, but hey... I was PAYING THEM to do what needed to be done! If I have to take care of it all myself, I might as well start a full hosting business myself and replace them! For the person who asked my location before, I am in the U.S. As far as Simon buying back his old company; Simon publicly announced about six months ago that he had sold 49% of the company. That means that when this happened, he still was controlling the company. So, what's he going to do, rescue his own company from himself??? Funny.
Posted by ldcdc, 08-04-2010, 07:39 PM
This happened longer than 6 months ago, the sale took place in September: http://www.eirca.net/media/news/2009...-splitsale.php Of course, there may be aspects in the sale that were not released to the public, or changed in the meantime.
Posted by b2b3-2, 08-04-2010, 10:21 PM
I stand corrected. I apologize for my misstatement.
Posted by Lakpura, 08-17-2010, 10:41 PM
thank god, we learned our lession from last incident and moved all our accounts away - http://www.webhostingtalk.com/showpo...&postcount=160

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