Public Mediation

Beyond Disappointed Customer vs. Frank Andres - The Give Away Guy

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The Take-away Guy by Frank Andres

R. L. vs. Frank Andres - The Give Away Guy
5404 Donald St, Azilda, Ontario, P0M1B0, Canada
Amount Involved: $875.00
Complaint(s): Other
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 4923360
    • Amount Involved: 875.00
    • Filed On: Jan 24, 2020
    • Posted On: Mar 12, 2020
    • Complaint(s):
      • Other
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Statement of Claim
Claimant says:
"Frank Andres is an online marketer who I followed for the past 4 years. I have purchased many many products from him including nearly every $5 Friday promotion since it began in November 2018. During this time I amassed over 1400 digital products and softwares as well as earned $100 USD in affiliate commissions. 
In Mid August a promotion which included 500 targeted leads was made. I purchased it. Usually by this time his website and promotions caught so much attention that him and his partner became overwhelmed by the work load they suddenly had to fullfill orders and account creation. Its important to add that prior to this incident, Frank & I have had many disagreements and many support tickets were filed by me because some of my purchases and accounts were not correct. If I pay for something, like an upgrade that cost me extra, of course im gonna submit tickets until its corrected. Regardless, I waited 6 weeks, submitted countless tickets regarding the 500 leads i was owed. 
Eventually, i asked him on a live webinar because no response was coming. He instead sends me an email, refunding me the $50 for the leads(I didnt even ask for a refund). Then proceeds to tell me that i was banned for abusing his support staff. When the only contact I ever had with them was through email. Sure there were many times i may have capitalized some letters, but thats not abuse. When support staff are telling you about a problem they have no idea about, people get frustrated. But nothing that would warrant his actions.
So, this is what he did. He banned my I.P. making all the software I purchased over 3.5 years was now out of reach. Any account i had on his server the begins with,  http://5dollarfriday.org/.... , now i no longer have access. That in itself is so low.  But it gets worse.
He then doesnt pay me ANY of the commisssions that were sitting in my PayKickStart account which I was asking for 2 months prior to this issue which of ocurse nobody ever got back to me. He then tells me in a finally word after totally screwing me over, says that if we want our commissions that we have to aks for it. Really?? News to me. and even still, I WAS ASKING. 
Now i have spent thousands on Frank and his products, this unjust, and unwarranted set of actions against me was like a slap in the face. Especially when I havent been making any money as of late and needed my commissions. He has Never paid me for anything ever..
But this whole thing is because he is thinking I just a had a probklem with support staff.. When it was before. And even while he was ignoring me, he continued to allow me to purchase the $5 Friday promotions right up until November 6,2019 when he wrote me a email saying my account had been terminated for breach of policy. WHich is crap. He never even had any legal policies in place or available on his site until after. 
So, he openly admits that he and his partner fell behind and that $5 Fridays were going to be suspended until they hired more people to help and such. So he admits to forgetting and not fullfilling peoples orders but he totally remembers a dispute I had with staff??? He basically railroaded me , using his newly found success to snub me because I was never one to let broken software problems go. 
If I pay for an upgrasded account, then i want access to an upgraded account. If the psftware doesnt even run correectly then of course i want it fixed or replaced.But we were on good terms and had worked past our last issue which was about software that builds mobile apps. "
Reply Have a similar problem?
  • 07-30-2019 — Frank & I resolve our differences regarding support staff. I have email
  • 08-06-2019 — The software Mobimatic still does not work. convo in support are civil. i have email
  • 08-20-2019 — 2 weeks pass still no resolve. Submit new support ticket. still continuing to purchase $5 Friday promo
  • 08-29-2019 — Submit ticket to PayKickStart regarding my commissions that have been sitting there over 100 days now. they say contact Frank.
  • 09-06-2019 — Leave a long message asking to speak with Frank on Chat window inside $5DollarFriday.Org. No response. Ihave transcript
  • 09-14-2019 — Purchase the $5 Friday promo-Traffic Accellerator
  • 10-05-2019 — This email which i have is where he states they cant keep up with the demand and have forgotten customer orders and such VERY IMPORTANT EMAIL.
  • 10-14-2019 — another support convo between Alicia and I, very civil but again another broken software
  • 10-30-2019 — Things stil civil, although still no 500 leads for me and I still remain loyal and continue to follow Frank
  • 11-06-2019 — The Profit Monthly website becomes due, i am hit hard by an audit and havent been paid for over 3 months. Sadly my website is deleted for none payment of $5. When he owes me $100 in commissions, but i accepted it and moved on.
  • 11-06-2019 — That same day Frank forwards my request for commissions to Alicia saying nothing about what was to come
  • 11-08-2019 — This was when Frank tells me im not getting paid and my access has been blocked for breach of policy. I have this email as well. The timeline between responses from Frank Aug. 6,2019-November 8,2019. Nothing in between. And all the software I just bought days before was now suddenly out of reach and beyond my access. Unbjust and unwarranted consequences over nothing. I have each and every receipt and email communication between Frank, his wife Alicia and other I.R.C. support staff.
Exhibits View
Additional Communication Between Claimant and Frank Andres - The Give Away Guy Hide
  • Feb 03, 2020, Frank Andres - The Give Away Guy (responding party) added:
  • Robin was a long time customer of ours and unfortunately, his Website payments became so delinquent we had to suspend his account permanently. We had previously extended every curtesy and over a 3 year period provided 9 months of unpaid service.

    Finally, we informed Robin that this constant non-payment issue could no longer be accepted. He agreed and made a commitment to pay for his Website on time. This agreement did not last 60 days and his Website again became delinquent.

    After many promises to pay we suspended his site after another 60 days non-payment.

    Robin was also part of our Affiliate program which was terminated when he broke the terms of service.

    Which resulted in his affiliate account termination.

    It is extremely unfortunate that Robin was not able to stay true to his promised commitments and was unable to conduct his Affiliate promotions in a professional manner.

    We have not terminated any of the other product access Robin has purchased from us.

    However, due to repeated abusive messages containing gross and foul language he left us no choice but to suspend his support privileges.

  • Feb 03, 2020, Claiming party added:
  • And you said you undersrtood why. You above all people know why I fell behind and why I couldnt keep up with the payments, but i chose to do what i could with the resources i had. And as far as abusing the staff, tell me when?? Not saying i didnt in th epast but we had worked out that issue through an email which i have where we come to the agreement that if you came across another another ticket with CAPITAL emphasis or CHRIST ALMIGHTY! in it that you wouldnt even look at it and i agreed. Alicia and I have further email correspondance way past that which i also have in which the CLK software code wasnt working and we worked out a resolution...plus who really loses out when someone cant pay their monthly fee for a website that I couldnt even understand...the money site ones...i couldnt pay for it so i agreed to let it go. IS that grounds to have my affiliate account terminated and make all my current commissions null and void?? Explain how thsat makes sense...why was i never paid my commissions? When i asked countless times prior to being ''deleted" and my requests went unanswered. How is it that you can openly admit to falling behind and being unable to provide the quality of service your customers deserve due to becoming overwhelmed by the success of $5Friday, but you cant see how that would spill over to perhaps you thinking we had an outstanding or current issue that would result in my dismissal and outright ban from any further product access and deny me the commissions that sat for endless months inside my paykickstart account. How is that or any of the actions you took against me fair? When the whole grounds for all of this is simply a question of you being upset at me because of the 500 leads things which i still havent recieved instruction or an email outlining what the next step was. Did I ever miss an important instruction or followup with any other product or promo?? No. I dontk ow what could have happened but i di not recieve anything on that past the date of purchase...And your answer to that was to refund me when i didnt ask for one, and put words in my mouth when all i simply had asked was where my leads were? Even then you wouldnt forward me a copy or email so that i could get my leads. You were under alot of stress and pressure but cant relate that it may have been a catalyst in your actions against me..I feel my requests for a resolution are fair. Pay me the $100 you owe me in commissions. And also, i AM blocked from every product that is in your server thart begins with: http://5dollarfriday.org/ This includes many of the products i purchased from you so saying I have access is NOT true. Because i get a 403 forbidden or refuse to connect page everytime. I see you went ahead and made your post public so i will volley in return. I only kept it private for your benefit. You want to go public then i am all for it. Or just give me what you owe me and access to all my products. thats fair. and ill never submit a ticket for support or have any interaction with your support staff.

  • Feb 13, 2020, Claiming party added:
  • Look at Frank's last public post. This is the type of person he is. Yes. My website payments did become delinquent AFTER the fall of 2018 when i lost my oldest son in a workplace accident. Aside from barely making any money online prior to this horrible situation, I fell behind in alot of bills. I was unprepared for the unexpected death of my child. Is that any grounds for my outright dismissal from the affiliate program and terminating my earned and owed commissions that you NEVER paid me, EVER?? I dont think so. Go on his site. NOWHERE does it say anything about that. But he tries to mask the original reason why I am even here. He then outright lies when he claims I am not blocked from ANY of my purchases/software that I purchased from him over a 4 year span. If you like I can make a video showing my screen and proving over 27 software accounts I paid for, own reseller rights too , no longer have access. So let's go ahead then and make this very public. You want to take low and cheap shots, to try and further your position as an almighty reseller who very easily forgets the people and efforts that brought your sudden success a reality? Then you go right ahead. I will volley in return and very soon you will lose more than $100 and access to the products I paid for. I have nothing to hide and can admit and have admitted openly here on this forum that I had many disputes with your support but NEVER did anything to warrant the actions against me. Aside from that, your timeline of events are INCORRECT and you sir are 1000% WRONG in this matter.

  • Mar 03, 2020, Claiming party added:
  • I have every email and communication I had with Franks support. I have also made a mindmap of the sequence of events proving my side of this claim.

  • Mar 14, 2020, Claiming party added:
  • I am now offering to split the monies owed to me 50/50. To whoever can help me resolve this dispute FAIRLY and based upon the facts of the events that has lead me to this platform for online dispute resolution

  • Mar 30, 2020, Claiming party added:
  • Here are the emails between $5 Friday and myself. This 1st email is the one i refer to Frank admitting to be overwhelmed. But singles me out as doing wrong.
    Robin

    It has been an amazing ride over the last 18 months.



    The 5 Dollar Friday grew so quickly it actually took on

    a life of its own.



    It has grown so big so fast that it has come to a point where

    Alicia and I can no longer keep up!



    The work required to support awesome clients like you is

    just too much for us to handle.


    Over the last 3 months we were constantly missing deadlines

    and behind on just about every commitment we made to you.



    Awesome clients like you...deserve far better!



    So we decided to call it quits...



    And what I mean by that is quit doing it all ourselves.



    Over the last 45 days Alicia and I have been training new staff.



    That's why we've been so quite. That is why the weekly

    Webinars stopped and the Friday sales have been late the last

    3 weeks.



    Big announcement :)



    On October, 14th we move into our new offices fully staffed office

    here in Mexico.



    So we've officially quit...

    quit doing it all ourselves
    quit missing deadlines
    quit taking days to reply to emails
    Instead we are going to...
    improve our support time
    deliver product access faster
    provide more in depth DFY service
    more training Webinars
    more coaching sessions
    just much, much more
    To celebrate the evolution, expansion and improvement of the
    5 Dollar Friday we have create something extra special this
    weekend.

    It will be live at 1 PM today, you don't want to miss this one!
    (closes Monday at midnight)



    Enjoy,



    Frank Andres - "The Giveaway Guy"

    P.S. - But there is a HUGE Gift LIVE Right Now


    5404 Donald St
    Azilda ON P0M 1B0
    CANADA

    Unsubscribe | Change Subscriber Options
    The following files contain emails and a list of all the commissions suddenly denied by Frank Andres. In his ONLY reply to this matter he states because of my commitment to the website members paid HIM to build, that it served as grounds to be denied commissions. Since when does a voluntary purchase for a website im sure nobody has ever made a doi=ime from warrant denial of commissions for past sales and products??

  • Mar 30, 2020, Claiming party added:
  • As well Frank claims I have access to ALL my products bought and paid for. That is 100% FALSE. See attached Google Sheet for a detailed list of just how many software i no longer have access to. Let me ask you, why wouldnt a vendor want to participate on this forum or any other, to resolve a small dispute like this? I believe its because Frank's ego and his sudden success built on the backs and marketing of people like myself. ANyway please see attached for a 1/3 of the list covered and just how many purchases no longer valid.

    https://docs.google.com/spreadsheets/d/1AKv-sm898FrvoaNOWR2gF9c63Ds-ETr0H6nVjJitPao/edit?usp=sharing

What Claimant Wants Hide
Message from Claimant: I have given you so much time. And given you all the pieces of the timeline that you just cant bring yourself to even look at. What you did to me was beyond low and unethical. And then to continue to sell me products and then take away access to nearly every good software I had + take away all my commissions which i asked for way before you chopped me down at the knees. You cite helping others , especially during this horrible virus, and yet you couldnt bring yourself to even look at what I have tried to show you. I did NOT break any of your so called policies during the time when you claim I had. I had actually had civil and dispute resolution talks with Alicia not 1 day before you took everything away. And still to this day, I never received ANY email or notice concerning the 500 leads I bought and paid for. And of all the times I asked, all you could ever say was 'Robin, If there is a notice on how to claim I always send one out" but you never would just re-send whatever it was to me. Aside from the only comment you've left on this forum,you outright LIED. I am locked out from nearly EVERY solid software, program and tool I bought and paid for months and years prior to your assault on ME and my livelyhood.
1. Refund for every Product I paid for and that you lied about in your only comment here. May 15, 2020 $775.00
2. Commissions owed May 15, 2020 $100.00
Cash total : $875.00
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Respondent's Counteroffer


There has been no response to this claim from Frank Andres - The Give Away Guy. This claim will remain posted until resolved
Offer History
Mar 14, 2020
Claimant's Terms of Settlement to Frank Andres - The Give Away Guy
Feb 03, 2020
Claimant's Terms of Settlement to Frank Andres - The Give Away Guy
Jan 24, 2020
Claimant's Terms of Settlement to Frank Andres - The Give Away Guy
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  • Contributed Solution: by Brian Edderly On 05-06-2020
    Frank Andres - The Give Away Guy should account for commissions More...
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  • Contributed Solution: by Sophie Blythe On 03-24-2020
    What is the name of the company? Claim seems to be filed against an individual More...
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  • Contributed Solution: by George Maxwell On 03-20-2020
    Three main issues here to be resolved. More...
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