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View Full Version : Credit card chargeback vs contract?


canne
Sep 28, 2011, 06:26 AM
I signed a contract not to chargeback on services received by a website company. They gave me two dates where they would refund both purchases if I was not making money by a certain time. It is almost time for the first refund, what happens if I send a chargeback through?

If I wait for the refund date and then chargeback, what is the repercussion?

kcomissiong
Sep 28, 2011, 08:29 AM
Did you receive the services? Doing a chargeback on services that you, in fact, received is theft. You could be prosecuted for fraudulently obtaining their services. You have to at least give them the opportunity to credit you, and if they won't credit youper your agreement, your last option is a chargeback. You bank will ask you why you are trying to reverse the charges, and you can use the contract guaranteeing the refund, and their denial of said refund as backup.

canne
Sep 28, 2011, 09:10 AM
They charged me $3399.00 to build a website and agreed that if I was not making money by 10/27 they would refund it. All they did was build the header and one Google ad. They required me to place articles (mostly relative to the subject, which was travel) on the site. All the articles on the site (30-50) I wrote and placed on the site, including several reviews of other sites. Then in July I questioned my Acct Mgr and he said he needed to placed banners, animations, etc. on to really get the traffic moving. So I gave him another $2698.00 (I know it was stupid). He gave me another guarantee that if not making money within 90 days he would refund in full. Take a look for yourself. The site is total crap. http://packageforvacation.com Please advise because I did send to the credit card company for chargeback with all documentation. I need to know when to initiate the chargeback! As far as I am concerned what I received was not worth $.10 much less $6097.00. And thanks for your input. I just need to know which way to go on this.

kcomissiong
Sep 28, 2011, 09:23 AM
You need to wait for them to issue you a refund, and if they refuse, then you can chargeback, using your contract as backup. You need to get these guarantees in writing if you have not done so already. If you do not offer them the opportunity to refund you and you, in fact have received their services, you are stealing by initiating a chargeback.

Imagine hearing this from the other end: "we offered a money back guarantee by xyz date, and even before the date had passed and after receiving our services, the client initiated a charge back without even asking for a refund." It looks like you intended to steal from them that way. You have to give them a chance to refund you (or make it right). And, when investigating a chargeback, your bank will ask you if you did that already.