BTW, just got off the phone with their GM, really nice guy, sounds like they are definitely going to be fixing this up for us and more generally... mucho relieved.
Will post more details on http://wpmu.org when we have it, at the end it just sounds like a stupid fail of policy (we've all been there) - but it's a shame it had to get to this point to change it.
We've been happy customers of their for years, hopefully now we can continue to be.