Dear Arbitration team,

hereby i file a dispute against Sven D.
<email anonymized>. He demanded a password reset which mail
got lost over the change of the support team. He paid by Paypal. As no
answer came, Sven didn't ask a second time and he didn't file a CAcert
dispute but he files a Paypal dispute. So he violated the CCA and DRP.
Please decide what to do.

I agree to CCA, DRP and any other CAcert Policies and rules and abide to
them.

Regards, Werner

Before: Arbitrator Lambert Hofstra (A), Respondent: Sven D. (R), Claimant: Werner Dworak (C), Case: a20091206.1

History Log

Discovery

irc channel log Mon Dec 7th 2009

(17:34:35) NEOatNHNG: Werner: about the paypal thingie: the mail is in the archive folder if you use thunderbird just search for the email address of the guy in question
(17:36:06) NEOatNHNG: it's subject: "Lost Account and password" and date 2009-11-12 14:21

Disputes and Abuse Reporting
Please select the most appropriate section to report your problem.

Disputes
If you want to dispute who has control of your email address or domain, select 'Dispute Email' or 'Dispute Domain' on the right hand side.

Abuses
If you would like to report an abuse of our certificates that breaches our policies please select the Abuse menu on the right.

Ruling

R filed a dispute through Paypal, which is the normal approach in case seller (here CAcert) is not providing the agreed service after a payment made through Paypal. However, this was not a generic buyer/seller issue, but a case where both buyer (R) and seller (C) are member of CAcert, and have a dispute regarding a CAcert service. As a result the CCA applies, and this dispute should be handled through CAcert arbitration. R claimed in his defense that he did not know how to file a dispute. The suggested link on the web site (https://secure.cacert.org/disputes.php?id=0) is not a generic dispute filing page, but only addresses the dispute of an email address or a domain name, and both are not relevant in this particular case. Therefore I rule:

  1. R should have used the CAcert arbitration system to resolve his issue. However, since he was very cooperative once informed, he will not be fined on this.
  2. CAcert must update the web page on disputes, and include an explanation how to file a dispute

Execution

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Arbitrations/a20091206.1 (last edited 2010-10-11 21:37:27 by UlrichSchroeter)