Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:15/11/2023

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I am a small business owner in rural Alberta and I was contacted by TUIO over a period of approximately one year. I finally accepted an offer to see a demo as my administrative duties had become quite heavy. I told the sales person what I needed and was assured the program would accommodate. No free trial was ever made available.
  
  A few months later, I signed up and began the onboarding. The company did one **** session instructing me how to do things they were supposed to be doing for me (like forms and data input). I did not say anything at the time because I was already quite overwhelmed trying to figure the system out (and I am not computer illiterate). I had a couple of days to look through and play around with the system and realised I would not be able to use it for my program for multiple reasons. I live chatted with an employee who told me flat out "No" my needs could not be accommodated with the program so I asked to cancel.
  
  I was then told by billing that I had to pay all three years per the contract. I told them that since they did not provide the service I was promised, I expected a full refund. They tried to tell me they could do what I needed and even tried to upsell me, when I refused and told them the program was not flexible enough to meet my needs and I did not have time to walk them through this, the COO became defensive, passive aggressive, and then stopped communicating all together.
  
  In the end, they took the money out of my account for all three years with no prior notification and no direct approval/verification from myself (they based their actions on a review I wrote on a third party site), and failed to provide the services they promised.

  

  Business Response

  Date: 16/11/2023

  The customers signed a 3y contract with our company on September 26, 2023 (********).

  Term 3. of the agreement makes it clear that this is a 3-y agreement, and term 4. makes it clear that all fees on the contract are due upon termination: "Customer acknowledges and understands that (i) the payment of any outstanding Fees due by Customer to Tuio under the Agreement shall survive the termination of the Agreement until such outstanding payments are made in full by Customer to Tuio; and (ii) all outstanding Fees due by Customer for the remainder of the Agreement shall become payable in full on the termination date."

  Upon terminating the agreement in writing, the customer was billed the remaining fees on the agreement, in accordance with the terms.

  We have since offered the customer to continue working with us and to apply what was paid as a credit on the account, to no avail. Instead, the customer has chosen to take their concerns public to no fewer than 3 review websites (that we are aware of), which is a direct breach of section 6. of the terms of the agreement, which states that "Neither Party may make any public statement regarding the relationship contemplated under this Agreement without the other's prior written approval".

  It is unfortunate that we were not able to reach an amicable compromise with the Client, and due to their multiple breaches of contract, including a breach of section 6, we are now consulting with our legal counsel and considering all legal avenues available to us, should the client not remove their disparaging reviews and remain in breach of the contract.

  Customer Answer

  Date: 16/11/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:
  

  Upon receiving multiple requests from the company directly to review their product, I did so which does not violate the terms as the company pursued my feedback openly as the communication from the company stated "Leave a review good or bad". It is a shame the company's ego has become bruised and they cannot see that my feedback could be useful to them. It is a true test of character to be challenged by another, not appeased and coddled.

  Again, the company has failed to provide the services provided verbally as well as in the terms of agreement (see the "Web Application's Terms of Service" Sections 2(a) (b) and (c)). Since the terms have been breached by the company, I am not responsible to hold up my end. I will accept nothing less than a full refund. 

  
  Sincerely,
  
  
  
  ***** ******

  

  Business Response

  Date: 28/11/2023

  Good afternoon,

  I attach to this email the 3 year contract signed by the customer. I also attach the void cheque they provided in order for us to process the fees they owed us.

  Please refer to the following terms in the agreement (page 2):

  1. Customer acknowledges and agrees that Customer is responsible for the full payment of the Fees (including
  software-as-a-service (SaaS) fees, licensing fees, and any other ancillary fees as agreed by the Parties). As such,
  unless otherwise explicitly stated, all Fees charged to Customer by Tuio for the Services are strictly non-refundable.
  Customer hereby agrees and undertakes not to dispute any Fee(s) (including SaaS/licensing fees and any other
  ancillary fees) payment for the Services made in accordance with an invoice issued by Tuio hereunder.

  3. This Agreement shall begin on the Effective Date and continue for three (3) years and shall renew automatically
  for successive periods of three (3) years each unless Customer gives Tuio one hundred and twenty (120) calendar
  days written notice prior to the expiration of any relevant term, of the Customer's intention not to renew the
  Agreement.

  4. Customer acknowledges and understands that (i) the payment of any outstanding Fees due by Customer to Tuio
  under the Agreement shall survive the termination of the Agreement until such outstanding payments are made in
  full by Customer to Tuio; and (ii) all outstanding Fees due by Customer for the remainder of the Agreement shall
  become payable in full on the termination date.

  As per term #4, all the fees on the contract became due when the customer cancelled the contract with us on October 30th (the termination date). ******** is written proof of their cancellation.

  As per #1, all fees are refundable.

  When cancelling on October 30th, the customer got billed for year 2 and 3 of the contract ($600 each for a total of $1,200, year 1 had already been paid by them).

  We are within the terms of the contract and decline the refund request.

  Best regards

   

  Customer Answer

  Date: 30/11/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  Again, the company has failed to provide the services promised verbally as well as in the terms of agreement (see the "Web Application's Terms of Service" Sections 2(a) (b) and (c)). Since the terms have been breached by the company, this contract is null and void.

  Not only did the company not meet the terms of their own contract, but their behaviour since their competency was disputed has been ************** and *********. Their impulsive and defensive actions have had repercussions on and caused damages far greater than the simple cost of a refund. Their own COO admitted that the premature withdrawal of funds from my account was "done in haste".

  I will accept nothing less than a full refund. 
  
  
  
  Sincerely,
  
  
  
  ***** ******