Please help - webhoster has lost my files and db.....

[Manny]

Hello all,

 

I have been with what appeared to be a fairly reputable webhoster in the UK (who will remain un-named for now!) for nearly 2 years and I have had a few issues with them. Recently they had a server crash and lost my website and customer database. They have managed to retrieve my website but not my db. The db is not stock osCommerce and has had many mods done to it and a massive amount of data added to it over the last 2 years. Basically my business is ruined without the db. I now know that I should have been backing up the db regularly but alas I did not do this.

 

I was under the impression that any worthwhile webhoster would be performing backups at least weekly or even monthly. But in my case this appears not to be the case.

 

The webhoster says that they have forwarded the server to a crash specialist, but I have not heard anything since. He didn't even have the decency to inform me of the original crash and I can now only speak to him through a forum which I found hjm active on.

 

I just don't know what to do next.....and whether or not I can get any compensation for something like this.

 

Thanks in advance.

 

Manny

[Guest]

If in your contract with the host it stated that they were to make and retain backups of your data on a regular basis, then potentially you could be compensated. If however it is not stated in your hosting contract that the host is responsible for backups and it was only your assumption, then legally there is no reason at all why you should recieve any compensation.

 

I'm actually quite shocked that you could run an e-commerce business for 2 years and not make backups of your data!

[Jack_mcs]

Hello all,

I was under the impression that any worthwhile webhoster would be performing backups at least weekly or even monthly. But in my case this appears not to be the case.

 

...

 

I just don't know what to do next.....and whether or not I can get any compensation for something like this.

I've never seen a host that says they will do backups for you and ensure the integrity of those backups. The backups are performed as a service but it is up to you make sure your data and files are backed up. I doubt there is anything you can do. Servers crash. It wasn't something your host wanted to have happened and I am sure they are trying their best to get everything restored. Seniding the server to a "crash specialist" seems that they are already going beyond what is necessary. As painful as it is, I would accept it as a lesson learned and start making regular backups to prevent this from happening again.

 

Jack

[Tim?]

When/just before you began to use this webhoster did you agree to a contract? If so then check this contract to see what it says.

 

If you want further advice on this them feel free to PM me.

 

If this happened to me or my clients I would demand at least 50% compensation of business costs from the webhoster / hosting company.

 

In terms of your contract, if they stated that they had made back-ups and they didn't then this would be in breach of the contract and they would almost definitely owe you compensation.

 

If however this was not said then you're both 50% to blame.

 

I don't know where abouts you live but I presume you live in the UK?

Go to a Solicitors and request for a 'free visit' to discuss this matter, what can be done, likeliness of a result etc, etc. If you do this then make sure you are given an exact / rough quote on how much the Solicitors would charge you.

 

If you don't want to go to a Solicitors then maybe find a complaints resolution service which might be cheaper.

 

Good luck :-)

[Manny]

Hi Tim,

 

Thanks for the reply to my post.

 

I am at a stuck point and have no idea what to do. The webhoster company only sent me an invoice when I started the contract with them - all details of the webhosting package were on their website. Now if I click the link which explains what is in the package it says 'Page Not Found' - in other words the page has been removed.

 

I am absolutely gutted! I am in the UK and am now considering contacting a solicitor - do you know of any that specialise in IT? Or do you think I can go to any high street solicitor.

 

 

When you say that I should demand 50% compensation of business costs, what do you actually mean by this?

 

If you have any other advice you can give me please send me a PM.

 

Thanks in advance,

 

Manny

 

 

 

When/just before you began to use this webhoster did you agree to a contract? If so then check this contract to see what it says.

 

If you want further advice on this them feel free to PM me.

 

If this happened to me or my clients I would demand at least 50% compensation of business costs from the webhoster / hosting company.

 

In terms of your contract, if they stated that they had made back-ups and they didn't then this would be in breach of the contract and they would almost definitely owe you compensation.

 

If however this was not said then you're both 50% to blame.

 

I don't know where abouts you live but I presume you live in the UK?

Go to a Solicitors and request for a 'free visit' to discuss this matter, what can be done, likeliness of a result etc, etc. If you do this then make sure you are given an exact / rough quote on how much the Solicitors would charge you.

 

If you don't want to go to a Solicitors then maybe find a complaints resolution service which might be cheaper.

 

Good luck :-)

[Manny]

Tim,

 

Please pm me.

 

Thanks.

 

Manny

 

Hi Tim,

 

Thanks for the reply to my post.

 

I am at a stuck point and have no idea what to do. The webhoster company only sent me an invoice when I started the contract with them - all details of the webhosting package were on their website. Now if I click the link which explains what is in the package it says 'Page Not Found' - in other words the page has been removed.

 

I am absolutely gutted! I am in the UK and am now considering contacting a solicitor - do you know of any that specialise in IT? Or do you think I can go to any high street solicitor.

When you say that I should demand 50% compensation of business costs, what do you actually mean by this?

 

If you have any other advice you can give me please send me a PM.

 

Thanks in advance,

 

Manny