Cancelling a contract???

[Pilgrim]

There's bound to have been more new subscribers than cancellations over that period, you must remember not everyone knows about this forum when they first see/hear the iburst adverts and many just go and sign up not realizing what sort of company they are dealing with.

Sorta reminds me of those gyms/fitness clubs that took a lot of people for a very expensive ride with their contracts.

Well, I for one thought ibust was a gym/fitness club. Every time I got off the phone with their accounts department my heart was racing, my blood was boiling and I was sweating with the effort not to kill them.

Not to mention that it was not fun at all

A wireless gym. Now there is a concept

 

[milomak]

urm that TOC was never in my contract when I signed up on the initial release of iburst...

That TOC first appeared in late 2005/early 2006 iirc. So those who signed up before I think technically are not bound by it.

 

[croman]

i wonder how many cancellations vs new subscribers iBurst has had in the last 2 or 3 months?
!

iBurst claim that they have 40 000 users now. I wonder, maybe it is they had 40 000 users that did subscribe and the first half did not renew their contracts and we know why.

 

[MrH]

The first contracts since iburst went public only started to expire at end of April/May this year and I was one of those first "suckers".

I only found MyADSL forum after I had signed up and at that stage could not figure out why people were complaining about connections since mine was flying most the time.

The problems started when some decided to leave and got extra billed and also billed months after leaving, thats when I started worrying about the way iburst was running the accounts department and that opened this present "can of worms".

Even so I still believe they are getting more contracts signed right now than the amount of people leaving, because most those that sign up don't even know about this forum or what a crappy company iburst is.

 

[Avenue]

sack iv just given notice to terminate my account with them, *gulp* ill c what happens, I dont want a repeat of what happened with cell c where they debited me for 3 month after my contract expired.......

 

[croman]

While I think they have tried to cover themselves, I do think that a material change in the terms and conditions could have a reasonable chance of legal challenge. But I'm no lawyer.

I am consulting various legal people to get a more wider interpretation on the Terms and Conditions. I am still waiting on their response. However two things I need to highlight:

 How Legal is the tick that you make next to the terms and condition section, when you do an online application? Is it not a compulsory that a contract must be signed by the client? Can a tick be interpreted as a signature?

 Paragraph 11.8
"This agreement shall be interpreted and implemented in accordance with the laws of the Republic of South Africa"
My interpretation to this is that if there is anything in the contract that infringe on the rights, of the consumer the it is void.

 

[croman]

I am consulting various legal people to get a more wider interpretation on the Terms and Conditions. I am still waiting on their response. However two things I need to highlight:

 How Legal is the tick that you make next to the terms and condition section, when you do an online application? Is it not a compulsory that a contract must be signed by the client? Can a tick be interpreted as a signature?

Electronic Communications and Transactions Act. 2002
Chapter III - Facilitating Electronic Transactions
Part 1 - Legal requirements for data messages
13. Signature




1) Where the signature of a person is required by law and such law does not specify the type of signature, that requirement in relation to a data message is met only if an advanced electronic signature is used.

2) Subject to subsection (I ), an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.

3) Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature to be used, that requirement is met in relation to a data message if-

a) method is used to identify the person and to indicate the person's approval of the information communicated; and

b) having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated.

4) Where an advanced electronic signature has been used, such signature is regarded as being a valid electronic signature and to have been applied properly, unless the contrary is proved.

5) Where an electronic signature is not required by the parties to an electronic transaction, an expression of intent or other statement is not without legal force and effect merely on the grounds that

a) it is in the form of a data message; or

b) it is not evidenced by an electronic signature but is evidenced by other means from which such person's intent or other statement can be inferred.

Interesting info:http://www.acts.co.za/ect_act/ect_act.htm#49_compl.htm

 

[Steinie]

I bought my iBurst modem from an ex subscriber and joined iBurst telephonically on a month-to-month basis.

I never signed any forms!! (They faxed me a form, but I never filled it out nor sent it back to them)

Does this mean I can cancel my subscription at short notice??

Anyone?

 

[Steinie]

Month to Month = no contract, but you need to let them know before the 21st of the month i think...but GOOD LUCK TO YOU MATE

Thanks!

I have been in a dispute with them for the past month over, what I believe, the incorrect/faulty metering of my bandwidth during July.

I am waiting for Thami Mtshali to respond and, if he doesn't resolve this matter within the next day or two, I might resort to giving them short notice and stopping the debit order from going through on the 1st of September! In which case I'll also go out of my way to dissuade newcomers from joining Iburst!!