Several auctions of mine ended today without much sucess because of the Vendio image outage. the LEAST Vendio can do is reembourse all Vendio fees for all the auctions ended today and give some credit at same time to help reembourse eBay fees. I hope anyone from Vendio consider this.
posted on February 19, 2006 06:27:30 PM new
If I had to guess I would say no. Here's their liability policy which is part of the user agreement. Why would they want to do the right thing, that would be to human.
6.2. Disclaimer and Limitation of Liability.
(a) Vendio provides its services "as is" and "as available" and, except as expressly set forth in this Agreement disclaims all other warranties, whether written, oral, express or implied, including without limitation any warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Vendio will not be liable due to outages caused by the failure of public network or communications components or errors in any electronic files provided by Vendio. Vendio makes no representation or warranty that the operation of Vendio's site will be uninterrupted or error-free, and Vendio will not be liable for the consequences of any interruptions or errors. No advice or information from Vendio, whether oral or written, shall create any warranty not expressly stated in the Terms of Use.
(b) Limitation of Liability.
Neither Vendio nor its suppliers will be liable for (i) any loss of business, profits or goodwill, loss of use or data, interruption of business or for any indirect, special, incidental or consequential damages of any character, (however arising, including negligence) arising out of or in connection with this agreement even if Vendio or its supplier is aware of the possibility of such damages, or (ii) any damages that result in any way from your use or inability to use Vendio services, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Vendio services. Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 6 months prior to the action giving rise to liability, or (b) $100. This limitation applies notwithstanding any failure of essential purpose remedy and to the fullest extent permitted by law.
They say your memory's the second thing to go, I just can't remember what the first thing is.
posted on February 19, 2006 06:33:36 PM new
I usually avoid Sunday for a number of reasons, but had one auction ending tonight. I was concerned because, at the time of the outage, the auction was at the opening bid level ($199). I think that probably the last minute bidders had already decided what they were going to bid, but in any case, the outage ended with enough slack to have the auction finish at $860. As always, who knows what would have happened had there not been an outage, but I wouldn't know what to say to Vendio to make the auction eligible for reimbursement.
I find Sunday crowded, eBay's response times seem slower on Sundays (no scientific proof of that), and it isn't a stretch to imagine that getting "all hands on deck" for a technical outage could be slower on a weekend day than it would be during the week. So, I usually avoid it.
posted on February 19, 2006 06:53:19 PM new
This isn't the first outage Vendio has had, and it won't be the last. They will not reimburse you one thin dime for any actual or perceived loss of revenue. The TOS you agreed to when you first signed up is absolutely clear concerning their liability. Don't further your losses by wasting time on organizing a futile email campagne to get them to reimburse you for losses suffered during an outage. Remember, they lost money during this outage also.
If Murphy's law is correct, everything East of the San Andreas Fault will slide into the Atlantic
posted on February 19, 2006 07:14:35 PM new
Aha! That explains an e-mail from a buyer saying he couldn't see any images in an auction he was looking at. I urged him to give it another try and haven't heard back from him.
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posted on February 19, 2006 09:39:59 PM new
Vendio images were not the only ones affected. Ebay's pipeline was so slow tonight that it messed up auctions and pictures hosted by several service providers in addition to Vendio.
posted on February 19, 2006 09:41:24 PM new
An additional thought... this is also the ending of the auctions that were so hosed up last weekend. I wonder if it is rebound from eBay's search fiasco last week?
posted on February 19, 2006 10:00:13 PM new
Ltray...The system was down for a little over 2 hours, but to hear some of the complaints in the services section thread, you would think it had been down for a week. The system is running on a backup server now. When the primary server is rebuilt and tested, there will likely be another brief outage when they switch back over. That outage will likely occur when my auctions are getting ready to end
If Murphy's law is correct, everything East of the San Andreas Fault will slide into the Atlantic
