Dishonest AMEX Dispute by Paul Timothy Pitcher II of First Down Funding Reviews
This document is to demonstrate the breach of terms of Paul Pitcher who is currently disputing American Express charges for services rendered, faithfully and accurately and in accordance with our terms of service for two cases as follows
Case #17765 for search phrase “First Down Funding.”
8 Weeks of service @ $460 per week = Total USD$3680.00
Case #17768 for search phrase “First Down Funding Reviews.”
8 Weeks of service @ $320 per week = Total USD$2560.00
Nature of Services Rendered:
Mr. Pitcher was experiencing significant business and financial hardship as a consequence of several demeaning search engine results, that appeared on the first page of Google when visitors searched for the exact Google search terms (1) ‘first down funding’ (Case 17765) and (2) ‘First Down Funding Reviews’ (Case 17768).
Case 17765: The screenshot below depicts the type of results Google search users would see after searching for “first down funding” before we began rendering services to Mr. Pitcher.
Case 17765: When he first signed up for our services, the RipOffReport customer appeared FIVE (5) times on the 1st page of google for the exact search term ‘first down funding’. Whereas, within just two months we successfully achieved our mandate of removing these unfavorable results from the first page of Google. This is evidenced by the following screenshot:
Case 17768: When he first signed up for our services, the RipOffReport customer complaints appeared three times on the 1st page of google for the exact search term ‘First Down Funding Reviews’. Whereas, within just two months we successfully achieved our mandate of removing these unfavorable results from the first page of Google.
Notwithstanding our success, a new Ripoffreport result appeared at position three in Google search, and this occurred because Mr. Pitcher went our express advice and joined Ripoffreport’s “Verified” program, where he essentially paid the site to change his negative results into positive for a fee. This new result was beyond the scope of our engagement, and as such the new page, as depicted by the blue line in the graph below, should be ignored for the purposes of assessing our efficacy in this case:
The Outcome of Services Rendered
Page 1.me successfully suppressed ALL targeted negative search results from the first page of Google search results for BOTH cases for which he is disputing the charges. This search engine suppression success was a direct result of the work we have done for him, and for which we deserve payment in full.
Paul Pitcher’s Sign Up Process
When Mr. Pitcher first signed up, he chose the search term ‘First Down Funding’ into the Page 1.me search interface, and then selected the US/Global data center (Google has different data centers around the world) and then reviewed his Google search results which were parsed and displayed through our interface which is depicted below. This process was repeated for his second case for the search term ‘First Down Funding Reviews’
NOTE TO AMEX INVESTIGATORS: You can duplicate this process by clicking here:
https://www.page1.me/CC/q/first+down+funding/com
Our case reference for this project is 17765 ($460 Per week)
Mr. Pitcher then selected the unfavorable RipOffReport search results as originally ordered and displayed. (As previously mentioned, they don’t exist anymore because we successfully moved them down in the Google search results, so we are using the new result which was published when the client subscribed to the Ripoffreport Verified Program):
After choosing the negative search results that he wanted Page 1.me to suppress (by checking the boxes to the left of the displayed results), Paul Pitcher then clicked on the button ‘Get Quote’.
The next screen conspicuously displayed some very important snippets from our terms of service with respect to the very limited guarantees; it also included a link to our comprehensive terms of service as an active hyperlink.
The quotes for each case were also displayed on this page.
It was impossible for Paul Pitcher to complete the checkout process without acknowledging our very clear terms of services, which specifically precluded him from filing an AMEX dispute without first following alternative dispute resolution processes.
Paul Pitcher repeated these steps in their entirety for the 17768 case, which he is also disputing.
A screenshot of the page that forced Paul Pitcher to acknowledge our terms of service is displayed below.
Important Excerpts from Page 1.me Terms of Service
NOTE TO AMEX: You can view our Terms & Conditions here. http://page1.me/terms/
Section 3:2 – Refund Policy for Page 1.me
3:2 Refund Policy for Page 1.me™. The weekly, monthly or periodic fees paid for Page 1.me™ Services are non-refundable, absent an express termination of your agreement in accordance with the termination provision of these Terms of Use/Services. The Company does not represent, warrant or guarantee that its Services will achieve the result that you desire or that were proposed or agreed upon as the desired result at the time the Services were purchased or otherwise. We do not guarantee or warrant that we will find or communicate to you every example or all examples of Internet content about you or the problem search query that you wish to have remedied in Google search results. We also do not guarantee or warrant that we will be successful in effecting removal, suppression or alteration, if such service is to be performed, of any particular Internet content about you or the Named Party designated as private and/or undesirable content. Furthermore, the estimated duration of a case/project as generated by our system when you first signed up are a guide only, sometimes awe may achieve a case’s objectives early, sometimes late, and sometimes not at all. You as a client need to carefully weight the risk and rewards of engaging Page 1.me in light of these possibilities. Consequently, in the event of a proper, early, termination of the Page 1.me™ Services, a customer’s right to a refund shall be as follows:
Refunds for Initial Active Mode Cases (New cases to clear page 1 of Google):
If you are unhappy for any reason without services, you will have the following options:
- Cancel and receive a full refund for the previous 2-weeks of service OR;
- Convert to “maintenance” mode which is 50% of initial fee, this will maintain both the permanent and temporary highly effective back-links that are elevating the positive content OR;
- Extend the current work in the hope results will continue to improve
- Request a non-financial, 100% refund, in the form of services in-kind, which will be for “Social Networking & Reputation Buffer” consulting and assistance. These services are described in detail here.
- (Note: You can actually cancel at any time, without notice, and receive a refund of the last 2-weeks work, no questions asked)
There are some important parts in these Conditions, for example section 3:2. You’ll notice that these periodic fees are non-refundable except through express termination of the agreement in accordance with the termination provision of these Terms of Use/Services. The only refunds we give is explained here.
It is clear that at least several people do not like Paul Pitcher or his business practices; this is evidenced by the fact that there are so many negative reviews posted about him. In fact, the allegations posted about him if accurate, support our contention that this is a frivolous and unfounded dispute with American Express, and this demonstrated patina behavior should be taken into consideration in assessing our defense, and for that matter, AMEX may do well to cancel his account to avoid these problems for other merchants.
Paul Pitcher came to us just as he would to a lawyer. In the case of the lawyer, Paul might say “I just need someone to sue for hurting me” and even if the lawyer loses, unless it is a contingency case, Paul has to pay the lawyer for his or her good faith best efforts.
Page 1.me does not do contingency-result payments. We provide good faith and best efforts and in doing so we can reduce our prices because we are reducing our risks from having to give a full refund if our service doesn’t work, so we are sharing the risk with the client. This is made abundantly clear in these terms. So if he decided to cancel the case, he had already agreed that we will ONLY give him a full refund for the previous 2-weeks of service. We have other provisions as well, but Paul wanted to cancel . Therefore he was ONLY entitled to only two weeks of refund (section 3:2, point 1). Which are the payments shown in blue on payment screenshot.
A 2 Week Refund Has Already Been Satisfied!
But in this case Paul did not cancel until after the 15th of January, so we continued giving service in good faith without payment from January 15th until he filed a dispute with AMEX. Ergo, there isn’t a refund due at all in this case because the refund comes in the form of Page 1.me continuing the services without payment while we communicated about what he wanted to do.
Section 3:5 talks about penalties Paul Pitcher is responsible for.
3:5 Taxes, Late Fees and Penalties. You will be responsible for paying any applicable taxes related to each Order. If any fees due to us are not received by the due date, then we may charge you interest on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If the amount owing under any Order is thirty (30) or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations for the then-current term so that all such obligations become immediately due and payable, and suspend the Services until such amounts are paid in full.
Section 3:7 : Liquidated Damages
This is what Paul promised to do if he files an Amex or credit card dispute without first following these methods, described in section 3:7 of our terms, shown below.
As you can see in the second section he is acknowledging that if he initiates any chargebacks or disputes with a credit card company that we will incur additional administrative costs, and he agrees to immediately withdraw such chargebacks or disputes as soon as page 1.me notifies him, and we have notified him, and he will receive a copy of this document. He also has agreed that we can charge him a $120/hour for dealing with these issues.
3.7 Liquidated Damages for Ineligible Credit Card and Paypal Charge-backs or Disputes
As mentioned herein above in this section 3, services are provided with Page 1.me’s good-faith best efforts only. You are engaging page 1.me because you have unfavorable search results in Google, this is a result of publications by third parties, most likely adverse to your welfare. Page 1.me is going to attempt to mitigate or remedy the damage that is being caused, but this is a challenging undertaking due to the nature of your problems. You are only entitled to a refund for the last two weeks of work for active cases, and there are no refunds offered for maintenance mode cases. Naturally, eligibility may be extended but only when offered in writing by page 1.me. You agree that you are sharing the financial risks associated with page 1.me’s good-faith efforts and attempts to remedy the distressing Google search results that are causing you problems.
If you initiate any charge-backs or disputes with your credit card company or PayPal beyond the eligible 2-week refund period, you are acknowledging that page 1.me will incur additional administrative and financial hardship as a result of your refusal to abide by or acknowledge these terms. As such, you agree to immediately withdraw such chargebacks or disputes, as soon as page 1.me notifies you in the case you may have forgotten these conditions. Furthermore, you agree to reimburse page 1.me for administrative costs incurred, at a rate of US$120 per hour, for staff members that have to address and dispute the ineligible charge pack for dispute that you initiate. Furthermore, you agree that even if PayPal or your credit card company successfully recovers the ineligible chargebacks from page 1.me, you agree to enter into an agreed order with a court of appropriate jurisdiction, that you will repay ineligible chargebacks that you successfully recovered, together with court costs, reasonable attorney fees, and page 1.me’s administrative costs calculated at US$120 per hour. You also agree to allow such court order to be entered into and recognized by your local jurisdiction for recognition if required for collection efforts.
Section 4:3 Good Faith Best Efforts
Paul Pitcher acknowledged that Page 1.me does not make any guarantees and that we only do our best efforts to effect the results he desired which were:
- Case 17765: Paul Pitcher wanted five RipOffReports removed from page 1 of Google, which we did with 100% success.
- Case 17768: Paul Pitcher wanted three RipOffReports removed from page 1 of Google, which we did with 100% success.
Section 4.2 Disclaimers
This section is very important because this is a good faith best efforts service, where we try to fix something he has broken through his business dealings with others.
Section 3:7 : Liquidated Damages
Section 3.7 also talks about Paul being ONLY entitled to a last-two-weeks-refund, which does not apply in this case because we did not charge for the last two weeks of service.
Paul is also agreeing that he is ‘sharing the financial risks associated with Page 1.me’s good-faith efforts and attempts to remedy the distressing Google search results that are causing him problems’. This is so clear, and now he is going back on his word when he agreed to these conditions.
And for that reason, we respectfully ask that you deny the chargeback requests and fully restore the funds to Masters & Jacks Pty Ltd DBA Page 1.me
CONCLUSION:
Page 1.me faithfully executed its responsibilities, with 100% success even though success is not guaranteed, and we are due payment in full from Paul Pitcher.
The post BEWARE: First Down Funding Reviews CEO Paul Pitcher Cannot Be Trusted appeared first on Bad for People.