SmartTweak/Avangate
Complaint 70774 Details

I purchased a product called UpdateMyDrivers in January and it did not work. I have been trying to get my money back ever since. Details of ongoing correspondence attached. Company offers a 30 day money back satisfaction based guarantee but they have not honored it. See following, with swear words (mine) and identifiers deleted.
Customer 16 Jan 12:
Request a refund. Product will not download. Transfer rate on about 80mb is 1.2 kb per second. Not good enough. Have already sent message to XXXXXXX demanding that no charge be made to my account now or later.
SmartTweak 17 Jan:
Could you please describe your problem in more detail?
Customer 2 Feb:
I want my money back. XXXXXXXXXXXX.
Details as follows:
Dear SmartTweak XXXXXXXXXXX,
Note that you never got back to me. What a surprise. Note also that no refund was given, even though you were advised ON THE DAY OF 'PURCHASE' THAT YOUR PRODUCT WAS TOTAL XXXXXX.
I want my refund as promised, and I want it now.
Nice little XXXXXXXX you have going here. We have laws against XXXXXXXX merchants like you.
Suggest you contact XXXXXXXXX and get them to reverse the charge.
Meanwhile, I will be warning others against dealing with your XXXXXXX company. We have dedicated sites for just such contingencies.
Can I please describe in more detail? Your XXXXXXX product will not download. How in the XXXXXXXX would you expect payment for that?
SmartTweak 2 Feb 12:
What exactly you can't download? UpdateMyDrivers?
Customer 2 Feb 12:
What the hell do you think? If I paid for UmD and it won't download, then I want my money back. No discussion. No argument. Money back. NOW.
SmartTweak 2 Feb 12:
What exactly you can't download?
Customer 3 Feb 12:
I want my money back. I have already told you that your XXXXXXX product won't download. I am now referring this on to people who deal with XXXXXXXXX. Like XXXXXXXX.
Customer 4 Feb 12:
FIRST AND FINAL LETTER OF DEMAND
SmartTweak, UpdateMyDrivers
Dear Mr XXXXXXXXXX,
On 16th January, 2012, I handed over my credit card details to your agent, XXXXXXXXXXXX, in the expectation of receiving some software, UpdateMyDrivers.
When purchasing this, I was led to believe, from your website, that there was a 30-day money-back guarantee.
I was unable to download this product. I would therefore like my money back. Your company has received several requests for a refund already, and several notifications that your product would not download. You, yourself, continue to procrastinate over the issue. This is not acceptable.
Please advise by return if you are willing to refund the money that I paid for the non-existent product and, if so, when. Should you finally agree to organise the refund, please ensure that you do so promptly. The product and charge in question is easily identifiable from your other records, to which this letter is attached.
Additionally, I will say that your techniques are XXXXXXX. Your site offers a product for around ten dollars, and it suggests that this is a one-off or at least yearly fee. It then offers to update the product for another ten dollars or so, so that people can keep up to date with technology. I declined to take up the offer, but then discovered that the first sum was a MONTHLY fee, and was advised that a monthly charge would be made. This notification was hidden under something which would not close, when I initially looked at your site, and only became visible afterwards. This is XXXXXXXXX XXXXXX. And, indeed, one would assume that if one was getting a monthly update, this would automatically provide the most recent technology. XXXXXXXXXXX. I will be seeking to have this matter investigated.
Second, almost immediately after I dealt with your company, I was hacked by scammers, who were offering a product known as Win7Antivirus 2012. I am wondering if you are involved in this scam, or if these people have hacked into your site? In any case, it needs to be looked at, and I will be asking the relevant authorities to do so. I have spent a good deal of time, and money, sorting this out. Perhaps I should be looking at damages? Please advise if I should be seeking them from you.
Third, there are XXXXXXXX mentions on the internet of how your company refuses to provide the refunds that they offer before signing up. I therefore can only assume that your policy is not to offer the refunds that you promote on your site.
Should you wish to make any further comment on these last three matters, before I hand them on to the relevant authorities for investigation, please do so.
SmartTweak 5 Feb 12:
Your registration key was activated at 16.01.2012 06:10
How do you activate a license key if you are not able to download the program?
Customer 6 Feb 12:
I want my money back. The initial part came to me but the parts that sent new drivers didn't. Are you trying to be deliberately obstructive. Game finished. No further discussion. Are you going to refund my money or not. All hints and traces of your XXXXXXXXX product already deleted from my computer.
XXXXXXXXXXXXX.
SmartTweak 6 Feb 12:
In this case, there is no reason for refund. Please read our refund policy carefully.
Several deletions from Customer correspondence
Customer 6 Feb 12:
Just read your refund policy, XXXXXXXXXX. Where did it say that I should do a test run first, before I paid over money for your XXXXXXX product? XXXXXXXXX
Other deletions from Customer correspondence
Customer 6 Feb 12:
CEO, SmartTweak
Dear Sir,
Product: Update my Drivers
I refer to my repeated requests for a refund on a product which was defective. Your representative XXXXXXXX has refused to grant this. Some points for you to consider:
Your product, Update my Drivers, does not work. XXXXXXXXXX claims that it only has to work as far as the initial download stage. This is rubbish, and contravenes all requirements for the sale of legitimate products. Normal consumer laws protect against such contingencies, in all countries.
You (= your company) offer a satisfaction-based, 30 day money back guarantee. I am not satisfied, as the product did not work as claimed or at all. Your site states ‘your satisfaction is our #1 goal. If you are not satisfied with your purchase within 30 days, just let us know and we will be happy to provide you with a full refund’. This is, however, in contradiction to your subsequent and other claims in relation to refunds. It constitutes false and misleading advertising, given your recent conduct.
You claim if you have opened the product, payment must be made, despite the fact that the product is defective. This breaches each and every kind of normal consumer protection.
You claim you site says that the customer must undergo a trial before buying the product. Your site says no such thing. This is a blatant attempt at XXXXXXXXXXXX.
A person signing himself as CEO on a XXXXXXXXXX website says that there has never been any problem in relation to refunds. This is clearly not the case, as my own example and other complaints show.
You have misled your customers regarding the cost of Update my Drivers, in that your site suggests that the ten dollars or so payment is a one-off, when really it is a monthly charge for a ‘subscription’. This is XXXXXXX advertising and XXXXXXXXXX.
You have constructed your site so that the fine print cannot be read until payment has been finalised. This constitutes XXXXXXXXXX conduct.
You have failed to answer complaints regarding your possible participation in a hacking scheme which I and others (since May 2010) have encountered after entering your site. I have to ask, therefore, if your Company is a participant in the hacking scheme/scam. I will have to assume, in the absence of a denial, that there is some connection, and proceed accordingly.
I have handed the matter on to the Consumer Protection groups, the Fraud Squad, and the Feds, and have posted my concerns on the Internet. I am seeking to obtain a refund of monies XXXXXXXX from me by your company, and to warn others against XXXXXXX such as those being perpetrated by your company. I will be advising XXXXXXXX and the Credit Card companies of your conduct/XXXXXXXXXXX.
I obtained no profit from your product, but paid for something that was, instead, to my detriment. I was forced to Restore my system after it was hacked, so all traces were removed from my computer. I have not been able to use your product at ANY TIME, PAST OR PRESENT. YOUR PRODUCT IS NO LONGER ON MY COMPUTER IN ANY WAY, SHAPE OR FORM. I ADVISED YOU WITHIN HOURS OF PURCHASE THAT THE PRODUCT DID NOT WORK BUT YOU HAVE CONSISTENTLY IGNORED THIS.
The drivers were identified by your initial scan but the drivers would not download. This scenario is supported by others who have purchased your software. Your site suggests, however, with its guarantee of satisfaction, that the product is foolproof. Your blatant offer of a satisfaction based guarantee supports this suggested theme. Your conduct, on the other hand, suggests XXXXXXXX and widespread ongoing XXXXXXXXXXXX.
I will allow twenty four hours for your response, before making further posts on the Internet.
SmartTweak 7 Feb 12:
We have looked at your scan logs. The provided drivers are fully compatible with your hardware and operating system. You need to install the drivers correctly. Please read our FAQ: http://www.smarttweak.com/umd/faq/ Often, before installing the driver update, you must first delete the previous version from the system.
In this case, there is no reason for refund. Please read our refund policy carefully.
Customer 7 Feb 12:
Last time I had anything to do with your product I was scammed by hackers. I will not be making the same mistake again. I do not want anything to do with you or your product. Indeed, I believe that these scamming hackers are XXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXX you have not bothered to find out why the hacking problem associated with your product has been going on for at least a year. I want my money back.