NZXT Flex: Difference between revisions - Consumer_Action

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'''NZXT Flex''' is a rental service launched in 2024 by [[NZXT]] in partnership with [[Fragile]] (a Software company that provides "layered financing" and services on top of hardware subscriptions,<ref>https://tracxn.com/d/companies/fragile/__IHcXfD8Mcy-IkjmKTBsCtGr0PzSjZve_Y147UR110MA</ref><ref name=":0">https://fragile.co/legal/subscription-agreement</ref>) for its prebuilt, gaming-focused desktop computers.<ref name=":1">https://nzxt.com/news/flex</ref> Customers can choose to rent a pre-built gaming computer from three monthly plans, based on their performance needs and budget, with three main tiers that each also offer a "Prime" upgrade option that includes higher spec components for an additional monthly upcharge. NZXT guarantees PC upgrades every two years and full warranty support. <ref>https://nzxt.com/flex/flex-two</ref>

'''NZXT Flex''' is a rental service launched in 2024 by [[NZXT]] in partnership with [[Fragile]] (a Software company that provides "layered financing" and services on top of hardware subscriptions,<ref>https://tracxn.com/d/companies/fragile/__IHcXfD8Mcy-IkjmKTBsCtGr0PzSjZve_Y147UR110MA</ref><ref name=":0">https://fragile.co/legal/subscription-agreement</ref>) for its prebuilt, gaming-focused desktop computers.<ref name=":1">https://nzxt.com/news/flex</ref> Customers can choose to rent a pre-built gaming computer from three monthly plans, based on their performance needs and budget, with three main tiers that each also offer a "Prime" upgrade option that includes higher spec components for an additional monthly upcharge. NZXT guarantees PC upgrades every two years and full warranty support.<ref>https://nzxt.com/flex/flex-two</ref>

[[File:Nzxt flex store page.png|alt=Nzxt flex store page|~~center~~|~~frame|[https://nzxt.com/flex/flex-two Nzxt flex~~ store page] ]]

[[File:Nzxt flex store page.png|alt=Nzxt flex store page|thumb|NZXT Flex store page]]

==~~Predatory~~ Terms of Service~~<ref name=":0" />~~==

== Overly broad Terms of Service ==

===Vague and excessive fees===

=== Vague and excessive fees ===

Referencing shipping policy<ref name=":0" />:

"If Operator is unable to collect funds owed to Operator from Subscriber, the Operator shall be entitled to charge Subscriber five-percent (5%) of the outstanding balance owed, or $20.00, whichever is greater, every thirty (30) days, until Subscriber has paid the entire balance owed. Operator may, at Operator’s sole discretion, waive these fees, provided Subscriber promptly returns all Rental Devices received as part of this Subscription."

"If Subscriber initiates a payment reversal or chargeback of any kind on a charge that was validly made under this Agreement, Subscriber will be assessed a fifty-dollar ($50.00) reversal fee, irrespective of any determination made by a bank, credit card issuer, or payment processor on the validity of the charge. If the payment is reversed, and refunded to the Subscriber, the Subscriber shall continue to be liable under this Agreement for payment to Operator for such amount."

**Referencing shipping policy<ref>https://nzxt.com/legal/nzxt-shipping-policy</ref>

**Definitions of "damages to the rented hardware"

**"If Operator is unable to collect funds owed to Operator from Subscriber, the Operator shall be entitled to charge Subscriber five-percent (5%) of the outstanding balance owed, or $20.00, whichever is greater, every thirty (30) days, until Subscriber has paid the entire balance owed. Operator may, at Operator’s sole discretion, waive these fees, provided Subscriber promptly returns all Rental Devices received as part of this Subscription." <ref name=":0" />

**" If Subscriber initiates a payment reversal or chargeback of any kind on a charge that was validly made under this Agreement, Subscriber will be assessed a fifty-dollar ($50.00) reversal fee, irrespective of any determination made by a bank, credit card issuer, or payment processor on the validity of the charge. If the payment is reversed, and refunded to the Subscriber, the Subscriber shall continue to be liable under this Agreement for payment to Operator for such amount." <ref name=":0" />

*No ownership when you exceed rented items value

**Unclear semi annual upgrade guarantee

*Unclear semi annual upgrade guarantee

*Difficulty of canceling rental service.

==Predatory Pricing==

== Predatory Pricing ==

NZXT FLEX rental cost was calculated by investigative journalist and youtube creator Steve Bruke of Gamers Nexus compared to competitors and illegal predatory payday loans. these numbers where based of a credit apr of 22% over a 2 year period and compared against a hypothetical, 103% apr, illegal payday loan.

[[File:Gamers nexus nzxt price comparison chart .png|alt=NZXT FLEX rental cost based on APR compared to competitors and illegal predatory payday loans|center|thumb|800x800px|NZXT FLEX rental cost based on APR compared to competitors and illegal predatory payday loans ]]

The first month of the rental service is "on us", which implies it's of no cost, however many fees including an ~~undefined~~ "Setup fee"<ref name=":0" /> as well as any applicable One-time fees <ref name=":0" /> will apply.

The first month of the rental service is "on us", which implies it's of no cost, however many fees including an unlisted "Setup fee"<ref name=":0" /> as well as any applicable One-time fees<ref name=":0" /> will apply.

==Use of false and predatory advertising.==

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their agreement still states as of January 28th 2025, more than 55 days after the [https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program press release] was last updated

" If Subscriber accrues an unpaid balance for more than sixty (60) calendar days, Operator may use all legal methods and remedies available to collect such unpaid balance including, but not limited to, civil litigation and selling such balance to third-party collection companies. Subscriber shall be liable for any and all collection costs incurred by Operator, Operator’s affiliates, or third parties involved in the collection of Subscriber’s unpaid balance, including attorneys fees, filing costs, and collection agency fees. Subscriber will, on the first of each month, be assessed an eight-percent (8%) monthly interest rate on any remaining unpaid balance and unpaid fees or interest assessed. "

"If Subscriber accrues an unpaid balance for more than sixty (60) calendar days, Operator may use all legal methods and remedies available to collect such unpaid balance including, but not limited to, civil litigation and selling such balance to third-party collection companies. Subscriber shall be liable for any and all collection costs incurred by Operator, Operator’s affiliates, or third parties involved in the collection of Subscriber’s unpaid balance, including attorneys fees, filing costs, and collection agency fees. Subscriber will, on the first of each month, be assessed an eight-percent (8%) monthly interest rate on any remaining unpaid balance and unpaid fees or interest assessed. "

Therefore, makes their 2 year window statement <u>clearly false and misleading'''.'''</u>

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==Changing the terms of the sale==

NZXT publicly stated many policy, website & marketing changes in response to the controversy and community backlash. <ref>https://nzxt.com/</ref><ref name=":1" /><ref>https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program</ref>

NZXT publicly stated many policy, website & marketing changes in response to the controversy and community backlash.<ref>https://nzxt.com/</ref><ref name=":1" /><ref>https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program</ref>

~~Additionally the Terms of Service was changed immediately following~~

===Day-to-day switching of specifications and pricing===

The specs and price listings have been reported to change constantly, with very similar setups reported to have varying prices, and vice versa, with different builds being reported to be similar in specs.<ref>https://www.theverge.com/2024/12/1/24310181/nzxt-pc-rental-program-gamers-nexus-investigation</ref>

~~{{Clear}}~~

===Basic Specifications and Pricing===

As of January 14, 2025, the core component selection and pricing for each tier of the service for customers in the US was as follows:

@@ Line 8: / Line 8: @@
 | Logo = Nzxt.svg
 }}
-'''NZXT Flex''' is a rental service launched in 2024 by [[NZXT]]  in partnership with [[Fragile]] (a Software company that provides "layered financing" and services on top of hardware subscriptions,<ref>https://tracxn.com/d/companies/fragile/__IHcXfD8Mcy-IkjmKTBsCtGr0PzSjZve_Y147UR110MA</ref><ref name=":0">https://fragile.co/legal/subscription-agreement</ref>) for its prebuilt, gaming-focused desktop computers.<ref name=":1">https://nzxt.com/news/flex</ref> Customers can choose to rent a pre-built gaming computer from three monthly plans, based on their performance needs and budget, with three main tiers that each also offer a "Prime" upgrade option that includes higher spec components for an additional monthly upcharge. NZXT guarantees PC upgrades every two years and full warranty support. <ref>https://nzxt.com/flex/flex-two</ref>
+'''NZXT Flex''' is a rental service launched in 2024 by [[NZXT]]  in partnership with [[Fragile]] (a Software company that provides "layered financing" and services on top of hardware subscriptions,<ref>https://tracxn.com/d/companies/fragile/__IHcXfD8Mcy-IkjmKTBsCtGr0PzSjZve_Y147UR110MA</ref><ref name=":0">https://fragile.co/legal/subscription-agreement</ref>) for its prebuilt, gaming-focused desktop computers.<ref name=":1">https://nzxt.com/news/flex</ref> Customers can choose to rent a pre-built gaming computer from three monthly plans, based on their performance needs and budget, with three main tiers that each also offer a "Prime" upgrade option that includes higher spec components for an additional monthly upcharge. NZXT guarantees PC upgrades every two years and full warranty support.<ref>https://nzxt.com/flex/flex-two</ref>
-[[File:Nzxt flex store page.png|alt=Nzxt flex store page|center|frame|[https://nzxt.com/flex/flex-two Nzxt flex store page] ]]
+[[File:Nzxt flex store page.png|alt=Nzxt flex store page|thumb|NZXT Flex store page]]
-==Predatory Terms of Service<ref name=":0" />==
+== Overly broad Terms of Service ==
-===Vague and excessive fees===
+=== Vague and excessive fees ===
+Referencing shipping policy<ref name=":0" />:
+ "If Operator is unable to collect funds owed to Operator from Subscriber, the Operator shall be entitled to charge Subscriber five-percent (5%) of the outstanding balance owed, or $20.00, whichever is greater, every thirty (30) days, until Subscriber has paid the entire balance owed. Operator may, at Operator’s sole discretion, waive these fees, provided Subscriber promptly returns all Rental Devices received as part of this Subscription."
+ "If Subscriber initiates a payment reversal or chargeback of any kind on a charge that was validly made under this Agreement, Subscriber will be assessed a fifty-dollar ($50.00) reversal fee, irrespective of any determination made by a bank, credit card issuer, or payment processor on the validity of the charge. If the payment is reversed, and refunded to the Subscriber, the Subscriber shall continue to be liable under this Agreement for payment to Operator for such amount."
-**Referencing shipping policy<ref>https://nzxt.com/legal/nzxt-shipping-policy</ref>
-**Definitions of "damages to the rented hardware"
-**"If Operator is unable to collect funds owed to Operator from Subscriber, the Operator shall be entitled to charge Subscriber five-percent (5%) of the outstanding balance owed, or $20.00, whichever is greater, every thirty (30) days, until Subscriber has paid the entire balance owed. Operator may, at Operator’s sole discretion, waive these fees, provided Subscriber promptly returns all Rental Devices received as part of this Subscription." <ref name=":0" />
-**" If Subscriber initiates a payment reversal or chargeback of any kind on a charge that was validly made under this Agreement, Subscriber will be assessed a fifty-dollar ($50.00) reversal fee, irrespective of any determination made by a bank, credit card issuer, or payment processor on the validity of the charge. If the payment is reversed, and refunded to the Subscriber, the Subscriber shall continue to be liable under this Agreement for payment to Operator for such amount." <ref name=":0" />
 *No ownership when you exceed rented items value
-**Unclear semi annual upgrade guarantee
+*Unclear semi annual upgrade guarantee
 *Difficulty of canceling rental service.
-==Predatory Pricing==
+== Predatory Pricing ==
 NZXT FLEX rental cost was calculated by investigative journalist and youtube creator Steve Bruke of Gamers Nexus compared to competitors and illegal predatory payday loans. these numbers where based of a credit apr of 22% over a 2 year period and compared against a hypothetical, 103% apr, illegal payday loan.
 [[File:Gamers nexus nzxt price comparison chart .png|alt=NZXT FLEX rental cost based on APR compared to competitors and illegal predatory payday loans|center|thumb|800x800px|NZXT FLEX rental cost based on APR  compared to competitors and illegal predatory payday loans ]]
-The first month of the rental service is "on us", which implies it's of no cost, however many fees including an undefined "Setup fee"<ref name=":0" />  as well as any applicable One-time fees <ref name=":0" /> will apply.
+The first month of the rental service is "on us", which implies it's of no cost, however many fees including an unlisted "Setup fee"<ref name=":0" />  as well as any applicable One-time fees<ref name=":0" /> will apply.
 ==Use of false and predatory advertising.==
@@ Line 35: / Line 36: @@
 their agreement still states as of January 28th 2025, more than 55 days after the [https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program press release] was last updated
-" If Subscriber accrues an unpaid balance for more than sixty (60) calendar days, Operator may use all legal methods and remedies available to collect such unpaid balance including, but not limited to, civil litigation and selling such balance to third-party collection companies. Subscriber shall be liable for any and all collection costs incurred by Operator, Operator’s affiliates, or third parties involved in the collection of Subscriber’s unpaid balance, including attorneys fees, filing costs, and collection agency fees. Subscriber will, on the first of each month, be assessed an eight-percent (8%) monthly interest rate on any remaining unpaid balance and unpaid fees or interest assessed. "
+"If Subscriber accrues an unpaid balance for more than sixty (60) calendar days, Operator may use all legal methods and remedies available to collect such unpaid balance including, but not limited to, civil litigation and selling such balance to third-party collection companies. Subscriber shall be liable for any and all collection costs incurred by Operator, Operator’s affiliates, or third parties involved in the collection of Subscriber’s unpaid balance, including attorneys fees, filing costs, and collection agency fees. Subscriber will, on the first of each month, be assessed an eight-percent (8%) monthly interest rate on any remaining unpaid balance and unpaid fees or interest assessed. "
 Therefore, makes their 2 year window statement <u>clearly false and misleading'''.'''</u>
@@ Line 46: / Line 47: @@
 ==Changing the terms of the sale==
 [[File:Nzxt changes it's advertisng language.png|alt=Nzxt changes it's advertisng language|center|thumb|800x800px|Nzxt changes it's advertising language]]
-NZXT publicly stated many policy, website & marketing changes in response to the controversy and community backlash. <ref>https://nzxt.com/</ref><ref name=":1" /><ref>https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program</ref>
+NZXT publicly stated many policy, website & marketing changes in response to the controversy and community backlash.<ref>https://nzxt.com/</ref><ref name=":1" /><ref>https://nzxt.com/news/nzxt-update-addressing-your-concerns-about-the-flex-subscription-program</ref> <!-- Which ones? Don't use ref as a "read more here", always list them and then add refs to what you list... -->
-Additionally the Terms of Service was changed immediately following
 ===Day-to-day switching of specifications and pricing===
 The specs and price listings have been reported to change constantly, with very similar setups reported to have varying prices, and vice versa, with different builds being reported to be similar in specs.<ref>https://www.theverge.com/2024/12/1/24310181/nzxt-pc-rental-program-gamers-nexus-investigation</ref>
-{{Clear}}
 ===Basic Specifications and Pricing===
 As of January 14, 2025, the core component selection and pricing for each tier of the service for customers in the US was as follows: