Unless you asked him to do it legit, we can't really force him on anything. You agreed to his TOS and he botted, and got banned.
Also you paid for the service, so he will have to gain the remaining exp for you be it 1M exp or 100k Exp. Not sure what he got and if he has proof of that.
http://osbot.org/forum/topic/55805-global-osbot-terms-of-service-must-read/
#8 states, if you requested to be legit and he botted and got you banned, no matter what his TOS says, he will have to pay you the full amount back + supplies lost, or recreate the account.