SMALLBLUE
join:2000-10-18
Redondo Beach, CA
|  Advice for a small company
I am a small software company with about 6 months remaining on my initial 1 yr contract with Zyan. Of course, the first 6 months has been a nightmare with them anyway - terrible service, and even worse support.
I do not want to risk the fortunes of my company on Zyan, now that they are in bankruptcy. My whole business (which is doing great) would grind to a halt without the DSL service. Does anyone else have first hand knowledge of the difficulties in getting out of the contract and switching ? (My contract is with Zyan, directly). In my mind, even before going into bankruptcy, they never delivered on the service level terms of their contract. |
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ethaves
join:2000-05-19
Milwaukee, WI
| We face circumstances similar to that which you described. One might argue that Zyan made an implied contract when it communicated that tech support was available 24/7. When the company layed off a majority of its workforce and dramatically cut the hours for tech support, its breached that contract. There may be other instances of this--such as with service level promises made.
We believe that Zyan has also breached a specific term of the contract by failing to deliver 99.9% uptime. Documentation in any legal dispute is critical and so is patience.
You may also want to consider the benefits and consequences of other courses of action, such as allowing your account to become delinquent and forcing them to disconnect your service. It is likely that Zyan will not be purchased nor find its way out of its financial mess, so you may want to wait for the company to go under. |
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SomeHope
@anonymizer.com
|  reply to SMALLBLUE
From what I know Zyan's standard consumer contract is VOID and not enforceable in California courts due to the simple fact that they cannot produce an original contract. Remember we all faxed in our contracts to them, so they do NOT have an original contract to present in court. Think about it California is the most consumer friendly state in the Union, no Judge will take a photocopied signature seriously, who knows what terms a company could have put on that signature. I haven't paid a bill in over 5 months and when their collections department called me (the manager), I brought this fact up and told him to please take me to court so I could win. Well, they haven't, nor have they sent me to any collection agency. The key here is that you are terminating your agreement based on the fact that is simply not legal. Therefore, you must cease using their DSL service when you stop paying. They can check this fact, so as long as there is no traffic on your router you will be find. Resist the temptation to use the service and you will be fine. As far as another DSL ISP, Earthlink is doing quite well and they include 20 hours of dial up for back up . . . all for $39.95 a month. Good luck to you all and Happy Holidays. Zyan deserves to be boiled in their own pudding! |
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ethaves
join:2000-05-19
Milwaukee, WI
| said by SomeHope:
From what I know Zyan's standard consumer contract is VOID and not enforceable in California courts due to the simple fact that they cannot produce an original contract. Remember we all faxed in our contracts to them, so they do NOT have an original contract to present in court. Think about it California is the most consumer friendly state in the Union, no Judge will take a photocopied signature seriously, who knows what terms a company could have put on that signature.
What makes you believe that this is accurate? Might you be able to direct me to the statute in California law that indicates this? I have searched Findlaw.com and other resources and have not seen mention of this. I know others would also find this of value. |
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L0GiX
When all else fails, theres always L0GiX
Premium
join:2000-06-30
South Bay,CA
clubs:
| reply to SomeHope
said by SomeHope:
From what I know Zyan's standard consumer contract is VOID and not enforceable in California courts due to the simple fact that they cannot produce an original contract. Remember we all faxed in our contracts to them, so they do NOT have an original contract to present in court
I too want to know where you base this information on. I have two small business clients with Zyan. I know they are still answering their customer support telephones because one of my customers had a problem with the local PacHell telco and they helped fix it.
Please provide a reference I can use to help my clients get out of this isp. |
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dbarc
join:2000-01-22
Fort Wayne, IN
| reply to SomeHope
said by SomeHope:
From what I know Zyan's standard consumer contract is VOID and not enforceable in California courts due to the simple fact that they cannot produce an original contract. Remember we all faxed in our contracts to them, so they do NOT have an original contract to present in court. Think about it California is the most consumer friendly state in the Union, no Judge will take a photocopied signature seriously, who knows what terms a company could have put on that signature.
I can understand the frustration, but feel your post may not be totally accurate. For one, the Zyan is now in bankruptcy. That's a FEDERAL court, not state. The validity of any contract will not be determined by California state laws. Though IANAL, I'm not aware of a signature on a fax not being accepted if the signature is a legitimate signature and have seen many many many of then accepted as being binding. I think the best bet is that they simply haven't provide the service for which the contract applies. But to get out of it now, IMHO, it'll take the blessing of the bankruptcy judge ( or an appointed trustee or referee) if you don't want to pay cancellation fees that may be included within the original contract. |
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