My Experience With Kinkbomb, Chargebacks, and Poor Customer Service – please come to your own conclusions

Hi Ladies,

I know some of you have been wondering about the drama that is going on surrounding I’m going to tell you about my whole incident with from the very beginning.  I am just going to number each incident, so this remains clear.

1. Back in May, I received about $2500 in tributes on kinkbomb from a customer. As usual with large transactions, I kept any evidence he gave me.  August 8, I receive an email from Troy at Kinkbomb, saying the customer is going to file and probably win the chargeback.  He asked me for any info/evidence I had, which I provided.  At no point, during our conversation did he mention the chargebacks would come out of my account.  (see attachment 1)

attachment 1 august 8 email My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

2. Sept 23 –  Troy emails to let me know that I am now a featured studio.  Notice the chargeback dispute is not mentioned whatsoever in the email.  (see attachment 2)

attachment 2 sep 23 email My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

3.  Sept 27 – I emailed Kinkbomb to to let them know I have not received my check for August.  (see attachment 3)

attachment 3 sept 27 email regarding my august check 300x71 My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

4. Sept 27 – Troy responds and lets me know that my account has a $2k negative balance due to the reversals and I will not be getting paid until that negative balance is paid back.  (see attachment 4) However, in the email, he also states that the chargeback is NOT final and the customer has not been awarded the chargeback as of yet.  I am disappointed and frustrated because it is extremely unethical and just plain bad business for a couple reasons – the money has yet to be awarded to the customer and they give me zero notice of this via email OR my studio pages, certainly knowing that I wouldn’t send my traffic there if I wasn’t going to get paid.  He emailed me days before to let me know about the featured studio thing and could have mentioned it then, but did not.  There is nothing in my sales pages to indicate a negative balance whatsoever.

attachment 4 sept 27 email kinkbomb response1 300x158 My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

5. I am irritated at this point. Not only because of the money, but on principle.  I thought about it over the week as I was in the process of moving, but knew that I would be disabling my clips at the very least until this was properly resolved.

6. Oct 1 – I decided to delete my content/studio entirely today.  I first deleted everything via ftp, then went into my studio to delete everything.  I could not find the button to delete my entire studio, searched their support page and this came up when I entered the words “delete studio” into the search box. (see attachment 5)

attachment 5 search query delete studio 300x21 My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

Who owns the content that I publish?
You, the Studio Owner, own all content that you publish unless you terminate or violate your contract with

I tweeted the above screenshot to Kinkbomb asking for clarification and began looking for more evidence regarding this.

6. On Kinkbomb”s “Create A Studio” page, no where does it mention they will EVER own any of your content.  (see attachment 6)

attachment 6 terms conditions on signup page 300x169 My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

Once you click that you agree to these Terms and Conditions,  which again, do not state any thing about Kinkbomb having ongoing rights to your content after you or they delete your account, it takes you straight to the page where you enter your personal information.  Now, IF you happen to you click on their Terms and Conditions link at the bottom of the page you find the following  “#11 – Upon termination, any content that is not removed by the Studio at the time of termination will be deemed property of Kinkbomb and Kinkbomb may decide to continue selling content at Kinkbomb’s sole discretion.”  However, these are not the Terms and Conditions that they have you agree to on the signup page!  I encourage you to look at this on Kinkbomb for yourself.  (see attachment 7)

attachment 7 secondary terms conditions regarding termination of acct 300x34 My Experience With Kinkbomb, Chargebacks, and Poor Customer Service   please come to your own conclusions

Upon realizing that any content that is left in my studio before deleting will become theirs according to their Terms & Conditions, I start deleting my products one by one.  As I am in the process of this, they DELETE MY STUDIO without my consent, thereby attempting to own my remaining content according to their Terms & Conditions!  I am sure they did this b/c they are worried about my tweets affecting their business and the fact I refuse to push any traffic there or sell any clips with the way they are handling the chargeback dispute.  No sales from me and I’m informing girls of their business practices? Deleted.

No one should EVER own the right to our content unless we agree to it!  Placing the termination agreement in a secondary Terms & Conditions page that is not included in the terms and conditions page upon signup is extremely dishonest and unethical.  Also, I am worried that they will now claim to own my content since THEY chose to delete my studio without my consent while my products remained.  If that is so, they can own anyones content if they choose to delete their studio for whatever reason (such as notifying other girls of dishonesty on twitter, like I did).

So in summary, this is why I am no longer using Kinkbomb:

  • chargebacks can happen up to 6 MONTHS after the original transaction
  • not once did they even notify me I would have to pay back the money from the chargeback
  • they did not notify me of the negative balance in my account until I asked them where my check is, even though they emailed 4 days earlier to feature my studio(something I stupidly thought they were doing to be kind) which they have only ever done when I was a new studio.
  • they admitted in email that the dispute was not final and IMO, putting my account in the negative balance before its final is stealing from me
  • their Terms & Conditions are shady, they do not give you the full T&C before clicking “I agree” and signing up, nor do they even link you to it and encourage you to read it
  • they deleted my account without my consent and now possibly claim to own the remaining content. I suspect this is because I tweeted to inform other girls and wanted answers, which is going to affect their sales AND there is clearly no money for them to gain from my account

In closing, I must say a few things.
1. I will be seeking legal counsel on Monday.

2. My intention is not to bash them.  I am merely presenting FACTS for you to consciously make your own decision (a courtesy that they do not give you upon sign up).  This email is regarding business ethics alone.

3. I refuse to do business with anyone if they engage in unethical business conduct.  Giving me a negative balance before the chargeback dispute is final, failing to notify me of the negative balance, the dishonest terms & conditions, and deletion of my studio because I started tweeting this info and demanding answers is all very dishonest and unethical in my opinion.

4.  Kinkbomb has tweeted me the following:

Kinkbomb Kinkbomb
@bratty_nikki If you decide to terminate your studio with us we pull all of your content from the site. You always own your content.
2 hours ago

They are stating I always own my content, which is a direct contrast to their hidden Terms & Conditions, which are not included in the Terms & Conditions you agreed to when signing up as a studio.

You can see their tweets to me for yourself on twitter.  I am sure because of the backlash from this, they will change their policies if they are smart business people. However, this has added up to too much distrust for me to use their site again and I think its important studios know why.  In my opinion, if they change their business practices and policies, it is not for the right reason. It will simply be because they have to in order to survive.  I feel that its that old saying fool me once shame on you, fool me twice shame on me.  I WILL NEVER ALLOW THEM TO TAKE ADVANTAGE OF ME EVER AGAIN.  No matter what outcome at this point, I want nothing to do with them or their site as a whole.

5.  Anyone who has had issues with chargebacks on Kinkbomb is encouraged to contact me. I am seeking legal counsel and intend to demand evidence that they actually fought these charges instead of giving up, especially since mine were not random tributes from brand new customers chargebacked the next day, but 4 months later after they had already paid me and I also supplied them evidence to fight the chargebacks.

I have consulted a business owner who also has a merchant account and they informed me of the following:

Many won’t know this unless they have had a merchant account themselves, but Visa (the most widely used credit card) has a 1% chargeback rate.  If you go over 1%, you pay higher credit card processing fees and if you approach 1.25-1.5% chargebacks you risk losing Visa as a credit card processor. I want evidence that they fought these chargebacks and didn’t just give it back to avoid reaching that 1%.  Visa allows you the option of fighting or just giving it back and if they just give it back, it won’t affect their 1% chargeback rate.  All credit card agencies have these practices, but Visa is the most stringent.  Its easier for them (ALL adult businesses, not just Kinkbomb) to lay down and give back the money than it is to fight it and they would rather it come out of our pocket than their own via higher processing fees.  They could all band together and sue the credit card agencies, however that would cost a lot of money and its easier to continue making money off us and keep that processing rate low than it is to fight for the people that make them money.  As you know KB takes 40% on their basic earning level,  so lets say hypothetically on a $500 order, they make $200. What is easier for them – giving back $200 they did little work for or being ethical and fighting the chargeback, which would require a lawyer and thats likely to cost them more than the $200? So guess who they side with – the very same people who steal from us, then chargeback, as this costs KB nothing more than the $200 and doesn’t run them the risk of making slightly less profit margin.

This frustration is regarding business ethics and business ethics alone.  I want girls to be aware of this and decide for themselves.  I know this was very long, but I think its important that all of you be aware. Consulting a lawyer may not get me/us anywhere, but I believe its worth a shot.

Furthermore, they have my email through my account and my twitter and have yet to contact me personally.  They did not inform of this chargeback until I asked about my check, as it stated in my account that I had a POSITIVE BALANCE.  I, like many other content producers, count on my cash flow on a monthly basis. I am appalled that I was only informed of a negative balance upon contacting them regarding my August check.

Not a single representative of Kinkbomb has contacted me personally to resolve this in a private manner.  It has been about 5 hours since I initially discovered their hidden Terms & Conditions, which I, like you, have not agreed to at the time I am writing this.  This is not about drama, rather simple business without emotions.  Their owners/partners/associates publicly tweet about drama running girls lives and it being because of hormones.  Nothing to do with hormones, simply unethical, shady, dishonest and irregular business practices that no other content for sales sites seem to abide by.  I have reviewed several of the other content for sale site and do not find this anywhere (hidden or not).  So tweeting in attempt to distract others from investigating the truth about Kinkbomb’s business practices is just another of many shady things they are up to.

I hope everyone recognizes this as a professional and factual response, not drama.  I encourage all involved to deal with it in the same way.

I want all of you to know this email is also being sent to Kinkbomb, as I do not want them or anybody claiming that I am trying to hide anything as these are simply the facts.  This will be my last direct communication with Kinkbomb.  As of Monday, all communications between Kinkbomb and myself will be via my attorney.

Thanks for listening ladies and if you have any questions feel free to email me.

I hope you all have a wonderful weekend!

Bratty Nikki