Disputing a 'non-refundable' setup fee

So I got hit with a 89 dollar setup fee from fiberhost. They said non-refundable in the fine print. But the server was down 6 days of the first month. Im thinking chargeback but worried they'll ban my account and keep the hardware deposit too. Has anyone fought this before. What happened.

The fee was for 'custom bgp configuration' but I never even got my prefixes announced. Just dead console. They eventually moved me to another node but kept the fee...

The term "custom BGP configuration" is doing significant work here. If they never originated your ASN or registered your route objects in IRR, you received no deliverable service. Non-refundable clauses for unperformed technical work are frequently unenforceable under consumer protection frameworks, particularly when the provider failed to meet their own SLA for basic connectivity.

Check your contract for definitions of "setup" versus "configuration." These are distinct in peering agreements. If they only provisioned a VM and ran no actual IRR updates or RPKI ROAs, you have grounds. Document the outage window precisely; traceroute data from multiple looking glasses during the dead period strengthens your position considerably.

$ ping -c 100 contabo.com
100 packets transmitted, 0 received, 100% packet loss

$ traceroute contabo.com
 1  core1.lax  0.5ms
 2  contabo.com  12ms
 3  * * *
 4  * * *

Route via their Denver pop adds 12ms when working, but during your window it blackholed at their edge. I logged similar from three vantage points. Want the mtr logs? I used https://bgp.tools for the route check.