Public Mediation

Bait and Switch

S. C. vs. Vensure International, Llc
770 E Main St PMB 332, Lehi, Utah, 84043 , United States
Amount Involved: $7,145.00
    • 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.
    • View response from: Vensure International, Llc
    • Claimant Seeks: View.
    • Claim #: 1047257
    • Amount Involved: 7,145.00
    • Filed On: Aug 22, 2011
    • Posted On: Sep 06, 2011
    • Complaint(s):
      • Bad business practices
      • Problem with a service
      • Overcharge or billing error
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"Bait and Switch"
...
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What Claimant Wants Hide
1. Refund: $7145 Sep 06, 2011 $7,145.00
Cash total : $7,145.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "Sean purchased a $7,145.00 software bundle, marketing and support package through our company on 6/15/2011 .Before Sean’s card was processed, he had to agree to our company’s Enrollment Agreement which states the terms and conditions of enrollment. Our terms and conditions of enrollment clearly state the cancellation policy and procedure for clients to cancel from the program. Part of that written cancellation procedure states that after the trial period of three days, there are no refunds given for any reason. Sean agreed to these terms and conditions on 6/15/2011 in both a recorded conversation and through a written agreement that captured an electronic signature. Also in the enrollment agreement signed by Sean, it states that because of the nature of the propitiatory and confidential information the client must agree that no refund will be given once the exchange of products/services has occurred.
    We at Vensure International offer education services by video, email, and phone support on ecommerce topics including eBay, website design, business entity education, SEO (Website Search Engine Optimization), and aid in finding suppliers to drop-ship or supply products. Sean purchased a software bundle with 7 weeks of Coaching and phone support, Web Builder software, and Product Research tool during which time he has had unlimited access to consultants by phone, chat, email and our virtual classroom offering live support and education. We offer support via email and chat for another 24 weeks to ensure the highest likelihood of long term success with internet marketing. Sean’s progress or success depends on how quickly and diligently he completes the video curriculum and any assignments given during phone consultations. Any success at all, is determined by the completion of each specific curriculum module and proper application of the training and software. Our chosen support staff is available 24/7 by some form, making the hurdles easier to overcome and speed up the learning process of an Internet marketing program.
    Because all transactions are ‘card not present’ at the time of the sale we verbally and electronically “comply” all of our clients to verify products and services as well as the terms of our agreement. Sean verbally agreed to our three day cancellation period at the time of sale. We use a 3rd party voice verification system to make record of the purchase. Sean then agreed to these terms and conditions again electronically on 6/15/2011, before entering his unique ID to register his software online

    Because our training library contains proprietary information, once accessed it cannot be returned. A client could access our training website gleaning valuable knowledge for several months on a myriad of ecommerce topics, and then claim that he or she hasn’t received the goods or services he or she wanted and ask for a return. Because we can’t measure what the client has or has not learned we have a short cancellation time frame that allows clients a “preview” of our services. Because our business is conducted in the State of Utah, all Utah rescission laws apply, which we make all clients aware of in our voice authorization recording prior to the collection of funds. We honor Utah’s three day right to rescind any telephone transactions, after which all sales are final. We as a company have to protect ourselves from malicious users who would plagiarize the proprietary information or copy software then ask for a refund. But we also want to allow honest clients a reasonable time frame to cancel. To avoid any timeline discrepancies and have accurate record of any cancellation request, Vensure International requires all rescission request be made in writing. We make all clients aware of this at time of sale before the transaction is processed and all clients must agree to this policy before entry into the training, and before any software is downloaded.

    When a client enters into the program, Vensure International incurs a cost from the vendors who provide software, coaching, crm services, etc. These costs are to fulfill the clients purchased products and services. These incurred costs come without refund for Vensure International. When a client accesses this library and gets support, Vensure International is charged by the vendors who wholesale it to us as their retailer. Much like software after it is opened, you cannot return it. As our terms and conditions clearly state, we do not offer refunds after the 3rd business day for any reason because of the incurred fulfillment costs. This is why after having accessed the software, website and coaching staff Sean would not qualify for a refund.

    In these communications with Sean and software registrations, not only proprietary information is exchanged but also trade secrets that can never be recouped or taken back by us. The value of working with us is learning what we know, and what works. Once a client registers the software and begins the training we lose the value without recovery. Because of the high likelihood of plagiarism for profit and because of continued usage we ask you consider the facts; The terms and conditions were clearly conveyed both verbally and in writing, these terms and conditions were accepted before any monies where collected, the services/products where provided as promised, the customer willfully registered and licensed the software and continued usage shows that we at Vensure International have upheld our promises and Sean accepted the terms and conditions of his purchase.

    Sean received his first web based training and software on June 20, 2011 and began actively using. Sean was also given access to our hotline for one-on-one consultations with our chosen support staff and live software support, which he also began using on June 16, 2011. We have recorded all interactions with Sean, and have logged his unique user ID every time he has entered the training web site. We track this because it acts as a receipt for the software, since no software is shipped but instead downloaded with authorization codes. Sean has had access to over 3,428 pages of proprietary training and over 94 Live Trainings via the virtual classroom
    Sean did dispute the validity of these charges with his credit card company. We have responded to those claims and provided the credit card company with the signed enrollment agreement as well as the recorded authorization give by Sean. We are waiting for a decision to be made by the credit card company. Because funds have been withdrawn from our accounts we cannot discuss, agree to, or issue any sort of refund until a decision is reached by the credit card company. Sean got exactly what he ordered. We are willing to continue to work with Sean to help him become successful.

    "

This claim will remain posted until resolved.

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