- Report: #924004
Complaint Review: BizCentral USA - Orlando Florida
Reported By:
RottweilerTOM -
san diego, California, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
BizCentral USA
2151 Consulate Drive, Unit 13 Orlando, 32837 Florida, United States of America
Phone:
877-857-9002
Web:
Categories:
Business Rating:
(0)
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BizCentral USA Efrain Rodriquez Potential Fraudulent Company - Shoddy Product and Unconscionable Contract Orlando, Florida
Report Attachments
I write on behalf of a friend who recently had a very bad experience with this company, and when he contacted the company to air his grievances and a request for a refund he received this notice:
"At this point we have completed all the work and per our service agreement which you signed, you were aware of our no refund policy. I would also like to remind you that the proper dispute process is through arbitration, this is similar to a court where the facts will be evaluated but less costly for both parties. If you still choose to take this to court, you agreed to do this in a Florida court. While I understand that you can still do what you want, please don't make the mistake of underestimating our response. We have the means and the will to aggressively defend our reputation in a court of law, and will also seek damages.
I am a believer in dialog and prefer to settle any dispute in a professional manner however, for this to happen we must be honest with the facts. I do not agree with your claims and believe we have indeed, honored the terms of the
agreement."
This is boilerplate language from a bunch of hacks who have NO INTEREST in refunding monies, essentially they, in MY OPINION, steal from you before you get any satisfaction of what they promised or eluded to what you though they would do for you. My friend isn't the sharpest guy in the tool shed, but he, like thousands like him, may have gotten taken - and so the only way they will release monies you spent on this bogus service agreement (and there are a number of legal problems and trying to have their agreement stand up in Court, even in Florida) is threatening the aggrieved customer/client with legal proceedings. First, wherever you signed the contract YOU CAN bring suit in YOUR jurisdiction (jx), don't let this d****e think YOUR ONLY venue is in Florida. Second, the arbitration clause can be adjudicated as to the term and that forcing customers into an expensive arbitration is NONSENSE. A court in any jx has the power to strike that provision from the agreement. Courts as a matter of public policy can, in fact, look at the entire service agreement and decide on its enforceability or damages as to the breaching party (BizCentral).
This owner or officer of the company claims slander is ILLEGAL. This clown should understand simple legal terminologies before he threatens people (former clients/customers). Slander is NOT illegal, it is a mere civil allegation and almost every court would kick any Trade Slander suit out of Court, and depending on jx, you could institute a malicious prosecution claim if they actually tried to sue you for "slander".
Don't let these clowns take advantage of you. Assemble MORE than 2 people and find a good class action attorney and get consultation. Some attorney may take your case, or a as class action, you never know. Good luck - and do your research next time you need something like what you contact this company for.
"At this point we have completed all the work and per our service agreement which you signed, you were aware of our no refund policy. I would also like to remind you that the proper dispute process is through arbitration, this is similar to a court where the facts will be evaluated but less costly for both parties. If you still choose to take this to court, you agreed to do this in a Florida court. While I understand that you can still do what you want, please don't make the mistake of underestimating our response. We have the means and the will to aggressively defend our reputation in a court of law, and will also seek damages.
I am a believer in dialog and prefer to settle any dispute in a professional manner however, for this to happen we must be honest with the facts. I do not agree with your claims and believe we have indeed, honored the terms of the
agreement."
This is boilerplate language from a bunch of hacks who have NO INTEREST in refunding monies, essentially they, in MY OPINION, steal from you before you get any satisfaction of what they promised or eluded to what you though they would do for you. My friend isn't the sharpest guy in the tool shed, but he, like thousands like him, may have gotten taken - and so the only way they will release monies you spent on this bogus service agreement (and there are a number of legal problems and trying to have their agreement stand up in Court, even in Florida) is threatening the aggrieved customer/client with legal proceedings. First, wherever you signed the contract YOU CAN bring suit in YOUR jurisdiction (jx), don't let this d****e think YOUR ONLY venue is in Florida. Second, the arbitration clause can be adjudicated as to the term and that forcing customers into an expensive arbitration is NONSENSE. A court in any jx has the power to strike that provision from the agreement. Courts as a matter of public policy can, in fact, look at the entire service agreement and decide on its enforceability or damages as to the breaching party (BizCentral).
This owner or officer of the company claims slander is ILLEGAL. This clown should understand simple legal terminologies before he threatens people (former clients/customers). Slander is NOT illegal, it is a mere civil allegation and almost every court would kick any Trade Slander suit out of Court, and depending on jx, you could institute a malicious prosecution claim if they actually tried to sue you for "slander".
Don't let these clowns take advantage of you. Assemble MORE than 2 people and find a good class action attorney and get consultation. Some attorney may take your case, or a as class action, you never know. Good luck - and do your research next time you need something like what you contact this company for.
1 Updates & Rebuttals
RottweilerTOM
san diego,California,
USA
Update to My poorly written first post LOL
#2Author of original report
Wed, August 08, 2012
I write on behalf of a friend who recently had a very bad experience
with this company, and when he contacted the company to air his
grievances and a request for a refund he received this notice:
"At this point we have completed all the work and per our service
agreement which you signed, you were aware of our no refund policy. I
would also like to remind you that the proper dispute process is through
arbitration, this is similar to a court where the facts will be
evaluated but less costly for both parties. If you still choose to take
this to court, you agreed to do this in a Florida court. While I
understand that you can still do what you want, please don't make the
mistake of underestimating our response. We have the means and the will
to aggressively defend our reputation in a court of law, and will also
seek damages.
I am a believer in dialog and prefer to settle any dispute in a
professional manner however, for this to happen we must be honest with
the facts. I do not agree with your claims and believe we have indeed,
honored the terms of the
agreement."
This is boilerplate language from a bunch of hacks who have NO INTEREST
in refunding monies. Essentially they, in MY OPINION, steal from you
before you get any satisfaction of what they promised.
My friend isn't the sharpest nail in the tool shed, but he, like thousands like him, may have gotten taken. Apparently, the only way they will release monies to you if YOU initiate legal proceedings.
(and there are a number of legal problems to have their agreement stand up in Court, even in Florida)
First, wherever you signed the contract YOU CAN bring suit in YOUR
jurisdiction (jx), don't let this d****e think YOUR ONLY venue is in
Florida. Second, the arbitration clause can be adjudicated and stricken as to that
term exclusively instead and forcing customers into an expensive arbitration is
NONSENSE.
Courts as a matter of public policy can, in fact, look
at the entire service agreement and decide on its enforceability or
damages as to the breaching party (BizCentral).
This owner or officer of the company claims slander is ILLEGAL. This
clown should understand simple legal terminologies before he threatens
people (former clients/customers). Slander is NOT illegal, it is a mere
civil allegation and almost every court would kick any Trade Slander
suit out of Court, and depending on jx, you could institute a malicious
prosecution claim if they actually tried to sue you for "slander".
Don't let these clowns take advantage of you. Assemble MORE than 2
people and find a good class action attorney and get consultation. Some
attorney may take your case, as class action, you never know.
Good luck - and do your research next time.
