5 ms·

They've terminated the customer's account before the 7 day upgrade window has lapsed, which has caused disruption to their business.

rovr138 6y ago
What do the terms and conditions allow? That’s the important question here
- bccdee 6y ago
  The EULA spells out what is legal, not what is or isn't considered acceptable in society. For a business to arbitrarily remove their customer's data may be entirely legal, but it's a very shitty thing to do, and that business shouldn't expect many customers if it goes around acting like that all the time.
  - JimDabell 6y ago
    > The EULA spells out what is legal, not what is or isn't considered acceptable in society. The question that was asked was: > Sue them for what exactly? So the EULA spelling out what is legal is the relevant factor when answering that question.
    - belorn 6y ago
      In this cases it not the EULA but rather the service contract that is the most relevant document. The same law that binds you to pay a contract once agreed on binds the other party to deliver. A refund does not automatically free the provider from the contract, through its a good step. An EULA can try to side step this but it depend on how the agreement was made, when, what information was provided before agreement, and so on. There is also a bunch of laws for consumer protection and Fair Business Practices, and it depend on where the people involved is located.
  - kemonocode 6y ago
    No, the EULA spells out what a given company allows with their product. Between that and something that's legally enforceable there's a huge leap.
  - andylynch 6y ago
    Not really, it's entirely possible for an EULA to have unenforceable terms, i.e. where they contradict applicable law. Not a good practice! But also not that uncommon.
- rgbrenner 6y ago
  Out of curiosity I went and read their terms: https://ghost.org/terms/ https://ghost.org/terms/ Of course it says we can terminate your account at any time (immediately and no notice required), like many services do. But, I noticed there's nothing in these terms about the automatic plan changes. So you've raised a good question: did ghost violate their own terms of service each time they "helpfully" upgraded a customer's plan without their express permission? And worse, they have a no refunds policy... so they change your plan, then refuse any refunds. Maybe that's not a big problem for a small plan change, but considering the plan change isn't defined, it could be for literally any amount, with no approval from the customer. And just to preempt the idea this agreement is elsewhere, their terms have an entire agreement provision, which states the terms are the entire agreement, and can only be modified by changing the terms or a "written amendment signed by an authorized executive of Ghost Foundation"... which the email notice does not qualify as since it's not signed.

rovr138 6y ago

What do the terms and conditions allow? That’s the important question here

bccdee 6y ago
The EULA spells out what is legal, not what is or isn't considered acceptable in society. For a business to arbitrarily remove their customer's data may be entirely legal, but it's a very shitty thing to do, and that business shouldn't expect many customers if it goes around acting like that all the time.
- JimDabell 6y ago
  > The EULA spells out what is legal, not what is or isn't considered acceptable in society. The question that was asked was: > Sue them for what exactly? So the EULA spelling out what is legal is the relevant factor when answering that question.
  - belorn 6y ago
    In this cases it not the EULA but rather the service contract that is the most relevant document. The same law that binds you to pay a contract once agreed on binds the other party to deliver. A refund does not automatically free the provider from the contract, through its a good step. An EULA can try to side step this but it depend on how the agreement was made, when, what information was provided before agreement, and so on. There is also a bunch of laws for consumer protection and Fair Business Practices, and it depend on where the people involved is located.
- kemonocode 6y ago
  No, the EULA spells out what a given company allows with their product. Between that and something that's legally enforceable there's a huge leap.
- andylynch 6y ago
  Not really, it's entirely possible for an EULA to have unenforceable terms, i.e. where they contradict applicable law. Not a good practice! But also not that uncommon.
rgbrenner 6y ago
Out of curiosity I went and read their terms: https://ghost.org/terms/ https://ghost.org/terms/ Of course it says we can terminate your account at any time (immediately and no notice required), like many services do. But, I noticed there's nothing in these terms about the automatic plan changes. So you've raised a good question: did ghost violate their own terms of service each time they "helpfully" upgraded a customer's plan without their express permission? And worse, they have a no refunds policy... so they change your plan, then refuse any refunds. Maybe that's not a big problem for a small plan change, but considering the plan change isn't defined, it could be for literally any amount, with no approval from the customer. And just to preempt the idea this agreement is elsewhere, their terms have an entire agreement provision, which states the terms are the entire agreement, and can only be modified by changing the terms or a "written amendment signed by an authorized executive of Ghost Foundation"... which the email notice does not qualify as since it's not signed.