(E-Mail Removed) wrote:
> On Sun, 4 Nov 2007 18:30:17 -0000, "DSB" <(E-Mail Removed)>
> wrote:
>
>
>> And somwhere, buried deep in those T&Cs and FUPs, there will
>> certainly be a statement to the effect that the ISP has the
>> contractual right to apply 'throttling' or 'traffic shaping' when
>> they decide it is necessary - *OR* they will have that 'catch-all'
>> term inserted which says that "We have the right to change these
>> Terms and Conditions and Fair Usage Policy whenever we wish" and
>> then giving the statement that if the changes are considered to be
>> detrimental to you, you have the right to cancel the agreement.
>
> Stop right there when I first signed up with Blueyonder traffic
> shaping or whatever had not been thought of and many people
> never agreed to this happening because at the time none of this was
> mentioned in the contract which they signed . I agree that anyone
> joining now must be fully aware of these matters and on signing their
> contracts they are agreeing to this happening and have no excuse .
I will continue from where you left off.
When you joined Blue Yonder (as a new subscriber) did they have a set of
Terms and Conditions that you were *supposed* to read before you began your
contract with them?
The answer to that would have been yes (perhaps albeit a bit more basic than
today) - and somewhere in those T&Cs there would have been some 'catch all'
paragraphs such as:
1 - "Sometimes, we will need to change the charges and the terms and
conditions of the service. We will publish details of all changes
online...."
2 - "We will also let you know about a price increase or a *change to the
terms and conditions* that we believe is likely to cause you significant
disadvantage at least one month before it happens. We will let you know
about other price changes and changes to the terms and conditions
with......"
3 - "If we have made a change which is to your significant disadvantage, you
will not have to pay a charge if you decide to end your agreement early. ,
unless the relevant price terms say otherwise. However, once we have told
you about such a change, you must let us know that you want to end the
agreement within seven days....."
As you are aware, these conditions will give the ISP a 'free hand' to do
what they wish to a service that is after all - theirs!
You will also be aware, that these T&Cs change regularly (as the conditions
of the provided service change) and as long as there is a *get out* clause
somewhere (as at 3 above) then the ISP is doing nothing contractually
unlawful - so to say that they are lying or deceitful when they change their
conditions of service to something that *some* of their subscribers
dislike - is really not true!
They are doing what virtually all companies do in this country - word their
advertisements of enticement to lure you to their service (and then put
riders in the small print at the bottom), expect you to read the T&Cs (which
many don't for various reasons) and let YOU decide if you want to subscribe.
At the end of the day, you either accept these changes - or you leave the
ISP.