How to return money for hosting/server?

Question

Law in IT

The essence of the problem - I ordered a server, when choosing there was a "custom os" item, I need a windows server, which I will install myself. After payment, the hoster says that they do not have ipmi access to this server and they cannot install this OS, but if I buy a windows license, they will immediately install everything without any problems. I, naturally, do not want to buy a license. They refuse to return money for the server. How to be?

Answer 1

I believe that the hoster is lying :) Or rather, let's put it this way - he insures against the fact that you put a pirate, but it will fly to him :) You will not be able to return the money - read the EULA, which was concluded when purchasing hosting services. Of course, you can sue, but you will have to go to the place of registration of the defendant :) Are you ready?
Total: write off to net losses and another time find out such subtleties in support BEFORE paying for the service.

Answer 2

Hosting is a service ... a service of a continuing nature ... according to the legislation (Civil Code of the Russian Federation, ZoZPP, Law on Communications ... etc.), the consumer has the right to refuse the service at any time, in which case the paid funds must be returned in proportion to the remaining unused period, but the contract may provide for sanctions (compensation, fines) for premature refusal of the service... therefore, often the return is made minus the sanction amounts... read the contract.
If you want to return all the money, then I believe only in court proving the fact that you, as a consumer, were not provided with the necessary information about the services provided ... it is much more complicated, costly and time-consuming ... if you are a legal entity, then everything is a little different, but in the same direction...

Answer 3

Try to go to the leadership and agree.
If they stand up with hostility, then say that you will send a statement to the prosecutor's office with a request to conduct a supervisory review. It is unlikely that they will want to contact the services, so they must go to a meeting.
If they don't, file a complaint.

Answer 4

If you can confirm that the physicist-consumer purchased, and this is for personal needs, then you can go to court. Court at the place of residence, state duty is not necessary to pay. That means you don't really lose anything.
If an individual entrepreneur or a legal entity, then you need to look at the contract, what is indicated there. The offer on the site is also a contract. They probably accepted.
In any case, you must first submit a claim. The issue can be resolved at this stage.