Refund refused on email account - Cooling off period??

thisnamesux

Hi,
I recently signed up for a hosted exchange email account provided by Simply Mail Solutions.
I was with a previous hosted exchange provider, so it was just a case of moving my providers.
Immidiately, i noticed much more spam, and a huge delay in sending email.

I moved back to my previous provider, and emailed their support dept. the next day asking for my account to be cancelled, and my card refunded (i paid for a full years worth of hosting)

They are refusing to refund me!
Am I right in thinking, this is not right, as based on distance selling regs, i'm entitled to 7 days cooling off period?

Who should I contact? My credit card company?

scullster

Usually I'd say yes but there are certain excemptions, one of which refers to when work has been undertaken in advance in preparation for the delivery of the service, e.g. setting up an account. Check their T&C's, if they advise that your right to cancel ends as soon as they start to carry out the contract, then you're doomed I think.

OlliesDad

Just to clarify, is this a business email provider as this would have a large bearing too?

thisnamesux

i've just had a look through their t & c, and can't see anything that says anything like that.
There is no actual "work" in setting up the account... it's all automated (i'm a systems admin so know how this would work)

I'll put it in writing to them, and tell them I'll contact the OFT

thisnamesux

OlliesDad -
Yes, this is a business email provider.

simplyms _dot_ com (it doesn't allow me to post links)

OlliesDad

As this is a business to business deal, the consumer regulations unfortunately do not apply. It will come down to whatever the terms of contract say (i.e. the t's and c's)

If it is a case that the service is not as advertised (i.e. they advertised there would be no spam and there is) then you can ask them to address that and if they can't then cancel, but if the product is as described, you have no recourse.