Originally posted by: MontyBurns
Wolfgang: I have read your notes, and I'll ask you again, though I suspect you'll continue to dodge the question: What exactly did you base your "speculation" on that CyberWings was receiving poor service from LS, wanted out of the contract, and got slapped with hefty, unfair cancellation fees?
I just can't help but notice that your "speculation" tends to always favor CyberWings. Whereas many others here seem to "speculate" in the other direction -- that perhaps the problems facing the company now are all of its own doing.
So, again: What has led you to speculate that this is anything OTHER than cyberwings not paying its bills, and LS demanding payment? I have no facts, beyond what both companies have said. I haven't even "speculated" either way. But you have, repeatedly, and so I've asked, repeatedly, what you're basing your speculation on.
Have you been in contact with CEO?
Okay. I don't think you're read my notes at all, but I'll give one really, really last try--I don't want my "last tries" to be like Shawn's "Final Sale!"--final until the next one.
As I've stated many times before--as you no doubt know since you're read my notes, right?--there's no "speculation" about the tech troubles--they were real, regardless of whose fault. (So:
no speculation regarding the fact; plenty of speculation regarding the fault, with LS and CW disagreeing completely over why CW was having pipeline problems.)
And
there's no longer much, if any, speculation about a lack of payment from CW. This was my speculation more than a week ago now, and was confirmed by the anonymous LS posting and now an official LS e-mail, and while Shawn hasn't confirmed this, he certainly hasn't even hinted at a denial either, and has made it very clear that he refused to put up with what he saw as LS's poor technical support. (Check
www.cwstatus.com if you don't remember this, but it's been plain as day for quite a while.) The issue is:
is this non-payment a function of Cyberwings' evident dissatifaction with LS, or simply a matter of its being out of money? The reason I continually, over and over again point out the former possibility is that (a) the latter seems to be the only one people understand, and (b) many people--you, for example--don't seem to realize that there were
serious pipeline problems long before service was restricted and then suspended,
no matter how many times this is explained. And this I why I point out that you haven't read my notes.
Ask yourself this:
would you pay for close to a month of unacceptably poor service? Even if you were convinced that your provider was getting tons of cash in exchange for non-performance? Well, Cyberwings' wouldn't, it appears.
Similarly, Lightship appears convinced, even if wrongly convinced, that it hasn't failed in the least. So from its perspective, Cyberwings is simply not paying its bills.
As I spelled out earlier, a cancellation fee seems likely simply because these are common in low cost contracts (again, think of wireless contracts). The alternative would be no cancellation fee, but simply paying for all 12 months of an annual contract--but in effect, this is an even higher cancellation fee.
The amount that Cyberwings is in arrears I think can be very well guessed qualitatively this way:
one month of serious, unresolved tech problems with resulting no payment (fair or not, I'd GUESS that's why CW withheld the money)
+ (remaining months of service OR a cancellation fee).
The LS anonymous poster said CW owed $30K--that may be about right, so far as LS is concerned.
But I'm open to other scenarios too. It does seem unlikely to me that Shawn is just flat-out lying--that's not his way, as I think even you may admit--even as it seems very likely to me that he hypes things a lot. (I imagine you'll agree there too) So
it's easy for me to imagine that since he got seriously put out by Lightship's perceived lack of support, perceived to be in violation of the contract, he therefore decided to abrogate the contract and jump ship to a new DC. And it takes no imagination at all to conclude that Lightship would see this as a breach of contract requiring immediate financial remuneration for the cancellation.
Now, MontyBurns, you haven't speculated either way, yourself? Please--be serious.
Or do you not only fail to read what
I write, but also to read what
you write?
Or I suppose you just consider continual innuendo and smearing matters of fact, and not speculation? If only people would label speculation as speculation, this would be a more fruitful and more enlightening conversation.
And I have been in contact with Shawn about the HD and server stuff, but he will not talk about the LS stuff. Tried to get info out of him, obviously, but he's not talking, beyond saying that what the anonymous LS employee posted was false and misleading, telling at best one side of the story. (He's convinced there's a confidentiality agreement, and he wants to protect his legal options, he has said. He believes the Ls "leaks" strengthen his hand, legally.) But all that's been on cwstatus.com for some time.
No more for today.