Support

Akeeba Backup for Joomla!

#37181 REFUND ASAP

Posted in ‘Akeeba Backup for Joomla! 4 & 5’
This is a public ticket

Everybody will be able to see its contents. Do not include usernames, passwords or any other sensitive information.

Environment Information

Joomla! version
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PHP version
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Akeeba Backup version
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Latest post by nicholas on Wednesday, 25 May 2022 02:54 CDT

user100860

Hello there!

I am really so disappointed after purchasing Akeeba Backup for Joomla! pro version. Is not working the way I anticipated it to work, like KING "All-in-One WP Migration".

Please I don't need any explanation. Issue a refund ASAP.

 

PS: I am deleting the plugin from my PC straight up.

 

Regards

Harrison

nicholas
Akeeba Staff
Manager

I'm sorry that you feel that way. Unfortunately, a refund cannot be provided for your subscription for the reasons explained in the Refund Policy which is an integral part of our Terms of Service. Our Refund Policy is in accordance with the European Union consumer protection Directive 2011/83/EU, see Chapter I, Article 16, paragraph (m) for the applicable exception from the right of withdrawal for intangible goods.

Before subscribing you explicitly indicated that you unreservedly agree to our Terms of Service. A link to the Terms of Service page was provided to you in the very short text next to the checkbox to dispel any doubts about the exact document you are agreeing with. The document is written in simple, non-legal English to facilitate comprehension in accordance with the EU consumer protection directive.

You accepted the Terms of Service so by checking a box that is always unchecked unless explicitly checked by you right before payment. You could not initiate payment unless checking the box. This satisfies the EU consumer protection directive's requirement for informed consent about the Terms of Service.

The Terms of Service explicitly state that you agree and understand that you waive your withdrawal right (i.e. waiving your right to a refund) as soon as you begin a download of our software or make a software support request. This plus the obligatory and default non-checked state of the checkbox satisfies the condition set forth by the EU consumer protection directive for the client to positively indicate that they have been informed about the actions which lead to immediate waiving of their right to withdrawal.

Furthermore, the EU consumer protection directive requires the vendor (us) to provide adequate information about the product to the consumer (you), including the software capabilities and requirements of the environment typically used to run the software. This requirement is satisfied with the information in our product pages, documentation and Compatiblity page. Moreover, most of our software has free of charge Core versions which you can freely use to evaluate the compatibility of our software with your server environment and the fitness for your particular needs. Finally, we provide free of charge pre-sales requests if you have questions not covered by the provided material.

We have already fulfilled the requirements of the EU consumer protection directive to protect the client (you). However, since you took actions that cause you to waive your right to withdrawal (as explained in the Terms of Service you accepted) we are unable to give you a refund. The actions that you took that caused your right to a refund to be waived are:

  • Download Akeeba Backup Professional installation package 8.1.4 on 2022-05-24 20:38 EEST from 188.150.42.55
  • Download Akeeba Backup Professional installation package 8.1.4 on 2022-05-24 21:14 EEST from 188.150.42.55

I'd like to explicitly state that this means that you are still a subscriber and you can still make use of the download and support services you subscribed to. If you'd like to share with us more specific details about what specific areas you'd like to see improved in our software or make any feature requests we will be more than happy to discuss them with you.

Thank you for your understanding.

Nicholas K. Dionysopoulos

Lead Developer and Director

🇬🇷Greek: native 🇬🇧English: excellent 🇫🇷French: basic • 🕐 My time zone is Europe / Athens
Please keep in mind my timezone and cultural differences when reading my replies. Thank you!

user100860

I DID NOT USE YOUR PRODUCT. I NEED A REFUND THAT'S ALL THAT MATTER TO ME. OTHERWISE, I WILL OPEN A CASE FILE ON THIS WITH PAYPAL FOR A REFUND. I DID NOT DOWNLOAD YOUR SO-CALLED SOFTWARE TWICE, I CLICKED ON IT AND I DID NOT SAVE IT TO MY PC FOR THE SECOND TIME. THE PRODUCT FILE HAS BEEN DELETED AND REMOVED. PERHAPS YOU WON'T BE HAPPY TO PAY FOR WHAT YOU NEVER USE. PROCESS THE REFUND ASAP. THANK YOU.

 

nicholas
Akeeba Staff
Manager

You EXPLICITLY indicated that you unreservedly agreed to our Terms of Service which include our Refunds Policy BEFORE making a transaction. This has the legal standing of a signature on a contract.

You also EXPLICITLY indicated that  you are fully informed on the software BEFORE making a transaction.

Our download system records the exact date, time and IP of all download attempts you make for our software. We also have our server logs and if shovel comes to push we can subpoena your ISP's records which will show clear as day that yes, you did perform the download twice. Just this blatant lie of yours is a red flag, consistent with fraud attempts.

Given these facts, the unprofessional way you are communicating with us and the threat of a fraudulent refund request we are now treating this matter as a fraud case. Your account is locked and your subscription terminated without a refund per our Terms of Service, see the “Fair Use Policy” section. Reasoning: you have explicitly stated that you will initiate a fraudulent chargeback process if we do not refund your purchase without meeting the agreed upon conditions for a refund and lying about whether you agreed to these terms and when and how you downloaded the software. Therefore you are attempting to defraud or extort us, both of which are against the law. This warrants the immediate termination of your subscription without a refund and locking your account to preserve the evidence.

Nicholas K. Dionysopoulos

Lead Developer and Director

🇬🇷Greek: native 🇬🇧English: excellent 🇫🇷French: basic • 🕐 My time zone is Europe / Athens
Please keep in mind my timezone and cultural differences when reading my replies. Thank you!

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