Axxess abusing their Terms and Conditions?!

karlzoller

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Nov 13, 2011
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21
Since Axxess and Afrihost have switched over from IS to MTN there have been a few teething problems (understandable). Most of these seem to have been sorted out. One thing that I did not like about the switch was that Axxess had changed their acceptable use policy from the star rating system (a policy used by IS) to a system where your connection is set to "managed" from when your data transfer exceeds the average, from which point on all HTTP download and P2P traffic is throttled.

I understand the need for an AUP - I support it, it prevents abuse of the network. However we are now in a situation where Axxess (and by extension Afrihost), may abuse their AUP. There is no transparency on what the average is - we simply have to assume that they are telling the truth. Both Axxess and Afrihost have boasted that the MTN network exceeds the IS network in terms of the capacity available to them ... yet, throttling seems to be happening at excessively lower usage than previously - this is an issue I had last month, see rant here: www.eternalthought.co.za/?p=179 . Already this month my account is managed even though my average daily transfer is just over 1GB. Once my account was managed last month, it was kept so for the rest of the month even though it is supposed to be relaxed when usage drops to average again. The degree of throttling has also become excessive - whereas in the past I have experienced Steam downloads being throttled to about 50KB/s (on a 1Mbps uncapped account) during busy network times, it seems now that throttling is being done down to 15KB/s (still on the 1Mbps account) even during quiet network periods. Any argument taken up with them simply receives a response referencing the AUP, which one cannot argue since legally according to the AUP they can throttle you down to 1KB/s - as long as you have a connection it seems fine with them.

This is blatant abuse of the AUP by Axxess. I am currently analyzing the section of the Consumer Protection Act that deals with fair terms and conditions - it is looking promising. I believe consumer should not stand for being bullied by service providers. I would like to here everyone's thoughts on this.
 

nerf

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Jul 5, 2011
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420
Perhaps just goto another ISP and drop them, i did and very happy sofar
 

karlzoller

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Nov 13, 2011
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That is indeed the first thing I will be doing - to which ISP did you move to if I may ask?
 

Pho3nix

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Jul 31, 2009
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Also looking to drop them, downloaded barely 100Gb last month and I was put on "managed" while previous months I could pull in over 250Gb.
The price is great but the service is seriously lacking. This is the last month I'll be with Axxess if the service doesn't improve.

WA and Mweb aren't looking too bad. Plugg too.
 

mika1000

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Oct 11, 2008
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mweb without a doubt. you can do 200gb on a 1mb without any problems. just dont try 500gb on a 4mb then you get cancelled. as much as i hate mweb, they're doing the best job as isp in sa. by light years compared to any other isp. i tried them all. known and unknown isp's.

mtn is known for throtteling their cell phone network to death as well and then ppl think adsl would be any better. they do not understand the term uncapped at all. they think it means that if you used 3gb for the month, your abusing the system. we can only laugh at them.

but the cpa might be a good idea.

come over to the dark side and enjoy real uncapped adsl at mweb!
 

karlzoller

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Nov 13, 2011
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I have heard many good things about MWEB ... the only issue I have is (last I checked at least) that they forbid any type of server with the uncapped account ... I have a nice little dedicated Minecraft server for example that me and a few friends play on which then technically is against their policy - it doesn't get that much traffic though.
 

MondeZA

New Member
Joined
Sep 15, 2009
Messages
8
Axxess had the best latency for me and MWEB was the worst. Which is odd. I Moved from MWEB back to Telkom ISP and then to Axxess. Ever since the move to MTN though I have not been happy and am thinking of moving. For gaming it is the Latency that is most important for me.

I seldom go over the 50gig mark a month so am not often "managed". Just with MWEB in peak times my latency was horrendous.
 

karlzoller

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Nov 13, 2011
Messages
21
My account was managed at 30GB last month and now again at 7GB this month already ... makes no sense.
 

vanilla_pie

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Joined
Nov 3, 2005
Messages
17
I'm on a 10mb account which, at a theoretical maximum, can download about 86gb a month.

With their ridiculous average usage policy, it relates to all 4mb, 6mb, 8mb and 10mb accounts combined meaning that if you have a 10mb account and you have "average" usage for a 10mb account, it will still exceed the combined average of all the 4, 6, 8 and 10mb accounts.

It seems as though the only way not to be throttled is to go with the 4mb account as a 10mb is guaranteed to throttle you. It should be throttled based on each individual line speed rather than a combined line speed.

Good luck with the CPA and please keep us updated. I will also be moving away from Axxess should this happen again.
 

grim

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Jan 6, 2006
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I'm on a 10mb account which, at a theoretical maximum, can download about 86gb a month.

With their ridiculous average usage policy, it relates to all 4mb, 6mb, 8mb and 10mb accounts combined meaning that if you have a 10mb account and you have "average" usage for a 10mb account, it will still exceed the combined average of all the 4, 6, 8 and 10mb accounts.

It seems as though the only way not to be throttled is to go with the 4mb account as a 10mb is guaranteed to throttle you. It should be throttled based on each individual line speed rather than a combined line speed.

Good luck with the CPA and please keep us updated. I will also be moving away from Axxess should this happen again.

86GB a day not month.

That's 2.5TB per month
 

thadru

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Aug 17, 2010
Messages
25
Couldn't agree more! As much as the pricing on Axxess for a 10 meg line looked attractive, this managed business is getting out of hand, and at this rate, Axxess will end up losing all their clients.
 

thadru

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Aug 17, 2010
Messages
25
Are you saying that on the 4mb account you won't be managed? Maybe I should downgrade back to the 4mb account then. Coz since I upgraded to the 10Mbps account, it's been quite horrendous, and my calls to their call center always result in, "either restart your router, or call Telkom to standardize your line speed"
 

grim

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Jan 6, 2006
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Account wasn't managed two days ago, done 1.3GB now I'm managed again, wtf Axxess???
 

karlzoller

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Joined
Nov 13, 2011
Messages
21
Have gone through the relevant section of the CPA. In Part G: Right to fair, just and reasonable terms and conditions, 48(1) states that
"A supplier must not—
(a) offer to supply, supply, or enter into an agreement to supply, any goods or
services—
(i) at a price that is unfair, unreasonable or unjust; or
(ii) on terms that are unfair, unreasonable or unjust;"


The CPA then goes on to explain what it deems as unfair, unreasonable or unjust. The first of these which may be of use are terms that are:
"excessively one-sided in favour of any person other than the consumer or
other person to whom goods or services are to be supplied;"


In this case it may be possible that the terms and conditions of Axxess which would allow them to throttle consumers down to 1KB\s or less (theoretically) if deemed necessary is a violation of this clause as it would then excessively favour Axxess instead of the consumer. Just to make myself clear, I am aware that Axxess is (hopefully) not throttling customers to such an excessive degree - however, as stated before, the terms and conditions are vague and broad enough to allow for such excessive measures if it is deemed necessary. In my opinion, even if their terms and conditions stated a minimum of 15KB/s - speeds which they already have been throttling consumers to - it would still be considered as unfair due to the fact that 15KB/s is below the accepted definition of broadband - which is supposedly what we are purchasing.
 
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