If all the things that CIG did weren't enough to prove cash grabbing objectives, leading people to the mistake of always buying things based on imagination instead waiting for things ready to make offers (and reasonable offers instead hundreds or thousands of dollars for in-game items after 4 times of overbudget), meaning not a two-way street road, but they do whatever they want, regardless what they said in a previous sales offer and promised, regardless customer satisfactoin.... the most recent thing that I learned is absolutely ridiculous and an absolute proof of they acting in bad faith on deals.
Well... To explain that... they basically created a TOS where they stated that wouldn't give refunds blablabla, as well as stating that would show information about how they spent the money in case of failing to deliver... and by failing to deliver that was implied not delivering later, after Nov/2014 + 12 months, originally:
http://web.archive.org/web/20130813122132/https://robertsspaceindustries.com/tos
IV. Charges & Billing
RSI agrees to use its good faith business efforts to deliver to you the pledge items and the Game
on or before the estimated delivery date. However, you acknowledge and agree that delivery as of such date is not a promise by RSI since unforeseen events may extend the development and/or production time. Accordingly, you agree that any unearned portion of the deposit shall not be refundable
until and unless RSI has failed to deliver the pledge items and/or the Game to you
within 12 months after the estimated delivery date.
For the avoidance of doubt, in consideration of RSI’s good faith efforts to develop, produce, and deliver the Game with the funds raised, you agree that any deposit amounts applied against the Pledge Item Cost and the Game Cost as described above shall be non-refundable regardless of whether or not RSI is able to complete and deliver the Game and/or the pledge items. In the unlikely event that RSI is not able to deliver the Game and/or the pledge items,
RSI agrees to post an audited cost accounting on its website to fully explain the use of the deposits for the Game Cost and the Pledge Item Cost. In consideration of the promises by RSI hereunder, you agree to irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost and Pledge Item Cost in accordance with the above.
As you can see, and checking the original kickstarter page, etc., Nov/2014 was the estimated delivery date, meaning that by Nov/2015 they should deliver everything that promised in their advertising... in the worst case.
But then, what they did was truly ridiculous. They simply changed the TOS... and the current version now says:
https://robertsspaceindustries.com/tos
"Accordingly, you agree that any unearned portion of your Pledge shall not be refundable until and unless RSI has failed to deliver the relevant pledge items and/or the Game to you within
eighteen (18) months after the estimated delivery date."
They couldn't be more shady, unethical and prove more bad faith (which already did many times by breaking promises in sales offers and advertising, for the sake to get money - not due development needs) than simply doing what they did here.
This TOS becomes soooo invalid, as a matter of defense for CIG in a court of law, just because their own attitude of they changing such clause (and worst if you add to that their falls into the deceptive marketing).
Kind of "Ok. I am going to make a campaign, say whatever, do not deliver anything or just 5% of the promises, and just change my TOS adding more 6 months as more I approach to the target that I need to share how I spent the money and give refunds... Oh... and better if I keep this as hidden as possible, not sending emails to inform the change, but just putting a checkbox that people clicks without barely looking into it".
This is totally... a joke. And to prove that this is a joke, here's what Federal Trade Comission have to say about that:
"Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information.
Still, a disclaimer or disclosure alone usually is not enough to remedy a false or deceptive claim."
Obviously they used that to delude their customer about their rights, trying to convince them that they have no right to refund (when they actually have, not just because already announced that won't achieve nov/2015, but also because felt in many situations of deceptive marketing, which is their LEGAL responsibility NOT TO DO, and that, by itself, is enough to make their unique matter of defense - their TOS - basically invalid and all the people entitled to a refund since a long time ago). But this move just show themselves even more shady, making eve more clear as acting in bad faith, in a pathetic try to delude customers.
Just wait then to they updating near of that current target from estimate + 18 months to estimate + 24 months and so on...
LOL
So, I wish luck to them, because the first customer with access to the United States court of law and willing to receive a good indemnity that goes beyond a simple refund (for example, moral damage caused by the entire focus and passion that people put "into the cause"), CIG simply made sure to throw his unique matter of defense (which was already very weak by the deceptive marketing situation) into the garbage. They are currently and totally easy-cake for any interested lawyer willing to make some money, regardless interest of backers in lawsuits, by the way.
And while people should ask both to CIG respect customer rights and be customer oriented, caring with customer satisfaction instead doing whatever for money, and visibly trying to dumb down the public about their rights, as well as be responsible enough to protect the company, by not doing repetitive deceptive marketing or THIS (ridiculous change clearly implying bad faith) - meaning protecting the money given by all backers to pay the cost of the game, instead having to pay indemnities in lawsuits due their own irresponsibility - those fans go there and applaud them, and keep trying to dumb down all other people claiming that "oh, you have no right to a refund, because, look to this TOS"... when the TOS is simply and totally: meh! And they made sure to make it even weaker.
It's a sad attitude and all that the crowd-funding business does not need are devs acting in this irresponsible way, because things that lead to false claims/advertising and changes like that, will never make this business model more reliable, and definitely will never grow/expand this way. If the total disrespect with their own estimates, like if it was an empty word were you thrown whatever date out to the window, near enough just to keep people tied and looking to your website and buying ships, wasn't enough already.
I recommend backers to demand CIG more respect from their part, more responsibility... Otherwise... there is no way that they will ever learn to follow a right and fair path with their customers (ALL THEM! Not just fans). And due this attitude, right now, CIG is easy-cake for lawyers. I can bet that they will just wait to CIG receive even more pledges to make their move... because this way their slice will be bigger.