Complaint Review: E-proauction

E-proauction, MSERVE, used deceptive advertising practices based on typical complancy of the consumer (me) to assume that the "Terms and Conditions" (T&C) clauses are primarily considered copyright infringement protection and not binding legal contracts which do not have to be signed or even acknowledge during the submission of the "Free-Trial" request.

In the free trial offer there is no up-front declaration that I am signing a binding contract for the $49.95 monthly billing charges. Upon calling E-Proauction to protest the billing I was immediately asked if I had read the T&C binder on their website. I said that this does not matter because the whole page setup for ordering the CD is dishonest and does not have upfront declarations that I am entering into a monthly contract.

The entire page is devoted to telling me that I only need to pay S&H for the CD to get a 14 day free trial. However, nowhere on the page did it declare that my 14-day free trial began with the purchase of the CD. I returned to the website to read the T&C binder (in my words), which is not the standard disclaimer used by all trustworthy software vendors.

The binder does state at the very end of the page that monthly billing begins with order of the CD, and NOT installation and registration of the software which is the standard process of all trustworthy software vendors. (the T&C is pasted in below) The setup by MSERVE for this program is obviously a well crafted scam to reap $49.95 from the potential tens of thousands of EBAY sellers that are looking to turn trash into treasure.

Cancellation and 2nd month refund was easy but 1st month refund requires me to send a personal letter to MSERVE at the follwoing address: Refund Dept., MSERVE, LLC, 703 South State St, Suite 5, Orem, Utah, 84058. I intend to send a letter similar to the copy printed above to see if MSERVE will honor my complaint.

Term of Trial Membership and Post-Trial Membership Fee
Upon submitting a request for Trial Membership, a Member ID and Password are assigned to Member and will be used to gain access to site. Only one Trial Membership per individual is allowed per year. At the end of the 14 day review period, the $49.95 monthly fee (for E-Pro Auction) will be billed to the credit card used by Member to complete the signup process unless/until Member cancels membership or changes billing method. Members will be billed for their E-Pro Auction Software.

Membership to the E-Pro Auction program is offered on a month-to-month basis. You may cancel your membership at any time prior to the monthly billing. To cancel your account, go to account features of the My Account section and click on "cancel my account". Shipping and Handling Fees are not cancelable nor are they eligible for refund. No refunds of any kind will be issued after 7 days of any transaction date. Any charge backs or disputes that do not comply with the refund policy will be aggressively fought.

Redemption of Business Setup Certificate
The $500 off business setup documents is provided as a bonus to the e-Pro Auction success kit. Fulfillment is provided by Strategic Financial Services, Inc. (SFS). To utilize the certificate, you must contact SFS directly.

E-Pro Auction.com reserves the right to amend this agreement as needed from time to time. It is agreed that any such amendment will apply to the Member. By accepting commissions where applicable and/or continuing use of E-Pro Auction.com and its products, member agrees to these amendments.

Prior to November 3, 2005, all free eBay Kits included a bonus offer of a Free Trial to the TekMeds.com Affiliate website program, after which a $29.95 monthly fee is charged. The TekMeds.com Affiliate website program is no longer available through this offer.

You agree by ordering from this website that the maximum liability of any vendor providing the programs included with the order is limited to the total amount paid by you for shipping, regardless of extenuating circumstances. If you have any concern regarding the programs, free trials included, or other fees charged, you may elect to not order from this website. By ordering from this website you certify that you have been notified of these terms and conditions and agree to them.

I hereby authorize Reg.Net on behalf of EproAuction.com to initiate debit/credit entries to my bank deposit account as indicated upon sign up and enrollment. This authority is to remain in full force and effect until (a) EproAuction.com has received my written notification of its termination in such a manner as to afford EproAuction.com reasonable opportunity to act on it, and (b) all obligations to EproAuction.com that have arisen have been paid in full.

John
Apex, North Carolina
U.S.A.