Is it legal?

  • Thread starter Thread starter Former member 61586
  • Start date Start date
F

Former member 61586

Guest
To change the terms of a contract half way through??

Only reason I signed with Iburst was for the unlimited throttled usage. Now its getting taken away.

So must I now complete the remainder of my 24 month contract (which I flippen started in June this year) with the new terms, even though I was never consulted??
 
ambroseg1 said:
Now its getting taken away.
Click to expand...
No it hasn't. Everyone was automatically migrated to the new product range and if you have an email address loaded in their system then you would have been informed.

If you feel that you get better value for money on the old packages and you wish to migrate back then you can contact them and they will do it for you. IIRC all users who had soft-cap have been given the soft-cap bolt on for free for 3 months as well.
 
These contracts are pretty air tight allowing them to do basically anything.
I suggest you read ALL the terms of the original contract you signed.
These cheapskates wont change the terms without extensive legal opinion.
 
biena said:
http://mybroadband.co.za/vb/showpost.php?p=3393523&postcount=7


http://mybroadband.co.za/vb/showpost.php?p=3393469&postcount=4
Click to expand...

here is my e-mail communication with Ibust

me

Hi

I have a query regarding the new iBurst packages and the auto-migrations I have been reading about on the mybroadband forum.

I am currently on the 1 GB package of R239 per month which includes my desktop modem. Once I reach my 1 GB cap, I am throttled to 64kbps but still have unlimited access.

Please explain to me what will happen to my account now, as I would prefer it to stay the same as that’s what I agreed to in the contract I signed.

them

Good morning,


You will be migrated to Wireless 2 for the same price however the 64kbps will be taken away. It will still be available till the end of February after this our CEO will make a decision regarding our old clients.

I will keep you updated.

me

Thanks for the feedback.

The sole reason I took IBurst was for the unlimited 64kbps internet. This is obviously not what I signed up for, and I feel wrong. So does this mean I have to fulfil the remainder of my 24 month contract even though you have conveniently changed the original terms? Doesn’t sound right to me.

In light of all this, may I cancel my contract?

them

Hi ,

As per my previous email you have 3 months free and after that a decision will be made.

Can you please send me your iBurst account number or Usename so I can check your account and contract.

me

My username is ********

Rosetta, I don’t think you understand my problem. To tell me that I have three months left, and then a decision will be made (without my input) which I must accept regardless is not good enough. This is not what I signed up for and is a breach of the contract and good faith I had when I signed it. If I had known something like this could happen, I would have never put pen to paper.

But OK, let me know if its at all possible to cancel my contract, without IBurst Blacklisting me . Otherwise I suppose I just have to accept this, and make sure I don’t renew my contract and tell everyone I know what IBurst did to me (I know it wont make a difference, but will definitely make me feel better).

them

Hi,

You have 15 months left on this contract this means you will have a cancellation fee of R3 585.

You are getting 2Gigs for the same amount you were paying for 1Gig. The booster prices have gone down 1 Gig will only cost you R69 instead of R199.
You are getting 3months free until a management announces their decision.

wtf??? seems like the @ss doesnt know what the hole is doing :whistle:
 
ambo said:
No it hasn't. Everyone was automatically migrated to the new product range and if you have an email address loaded in their system then you would have been informed.

If you feel that you get better value for money on the old packages and you wish to migrate back then you can contact them and they will do it for you. IIRC all users who had soft-cap have been given the soft-cap bolt on for free for 3 months as well.
Click to expand...

so is it my fault that I already have an e-mail account at work (which Iburst know about) and opted not to waste my time with their crappy e-mail?

see my post above. According to the Iburst rep, you cant go back. Have to wait for management (the CEO) to make a decision (which will probably not be in the consumers favour).
 
Why the hell did you sign a 24 month contract when there is a month-to-month options available? That was your major mistake....
 
ambroseg1 said:
wtf??? seems like the @ss doesnt know what the hole is doing :whistle:
Click to expand...

Classic iBurst example of how to communicate with your customers.

Just conveniently ignore this part:

Rosetta, I don’t think you understand my problem. To tell me that I have three months left, and then a decision will be made (without my input) which I must accept regardless is not good enough. This is not what I signed up for and is a breach of the contract and good faith I had when I signed it. If I had known something like this could happen, I would have never put pen to paper.
Click to expand...

And give the happy message re. the cost of canceling.
 
As I understand it and read in a previous threat Jannie said that we will be given the softcap 64K for 3 months and then after that the people who still wants to use it will have the option to migrate back to their old package and keep the softcap.
 
MvanHeerden said:
As I understand it and read in a previous threat Jannie said that we will be given the softcap 64K for 3 months and then after that the people who still wants to use it will have the option to migrate back to their old package and keep the softcap.
Click to expand...

well thats not what the rep told me. I really hope we can just stay on our current packages.

Who the hell would want to stay on the new packages anyway :confused: :confused: :confused:
 
OK.

I replied to the e-mail with this

No. You are incorrect. I downloaded about 5-8GB per month using the capped 64kbp. So now for the same price I only get 2GB. Does it make sense now?

Anyway, it doesn’t seem like you know what is going on. I found this on the mybroadband forum..

http://mybroadband.co.za/vb/showpost.php?p=3393523&postcount=7


http://mybroadband.co.za/vb/showpost.php?p=3393469&postcount=4

Conflicting messages between you and your CEO???

I then got this reply from them

Please see in bold ,

You have come to me and voiced that you would like to still keep the throttle service , this is not just staying in my inbox it will be escalated to Jannie , you are not only one who is complaining, he will look at all of this when making his decision hence he gave everyone the free 3 months.


Quote:
Originally Posted by ToxicWazte
@iBurst, Jannie: what criteria will you be using to determine who gets the upgrade? Will there be some sort of opt-in, or opt-out? Or will the upgrade be applied to all iBurst users?

Many users who rely on the 64k throttled uncapped service will not see the new packages as an upgrade, but rather a downgrade. Especially those with low usage accounts who rely on the 64k service for the remainder of the month once their caps are hit.

Be careful not to mess this up. I sense a huge backlash from myBB users if they are "upgraded" without being informed, or without consent.
TW, you're 100% correct on this. Any which way we slice it, someone is going to be upset if we're not careful.

If we don't do an automatic upgrade, many people will not be aware that they can do it manually, and we'll get blasted in the press (like the previous time).

If we do upgrade automatically, it could affect the guys using the throttled service, and again we'll get blasted.

So, either way we're in for a hiding...... BUT...I've got a cunning plan (to quote Baldrick )


So this is what we're going to do:

1- Everyone will be migrated automatically to the new packages with the higher caps and the lower top-up prices.

2- Everyone who had the 64K service before will get the same VAS for free for the next 3 months.


So no-one is out of pocket and everyone scores.


3- During the 3-month period, we will identify those who do go throttled (not that many) and engage with them, one by one, to see which model they prefer.


In summary, we'll give everyone the VAS for free that will buy us all time to properly find the best way forward for each subscriber.

Makes sense?

seems like the @ss caught up with the hole and I can go back to my old package after milking the extra 1GB for 3 months :D

Yay me :D
 
xrapidx said:
What does your contract say about changing terms?
Click to expand...

no idea. :erm:

isnt that the point of a contract..... :erm: to establish terms so that both parties stick to them?

otherwise they may as well just say, "for now its R239pm, but we reserve the right to change the rate and usage as we see fit"? If the contract does say anything to this regard, then its unethical in my opinion.
 
xrapidx said:
What does your contract say about changing terms?
Click to expand...
Unilateral amendments to contracts don't fly. The contract stands as is and the section permitting the one party to change it unilaterally is void.

However, I do think they are allowed to change the minor details of the service to some reasonable degree.
 
From iBurst Terms and Conditions:

6.2 The Service Provider shall not be liable to the Subscriber in any circumstances whatsoever for any loss, injury or damage of any nature whatsoever or howsoever arising and whether in agreement or in delict, including loss of profit or any other special damages, indirect or consequential loss or damages which the Subscriber or any other person may sustain, whether as a result of any breach of this agreement by the Service Provider or whether caused directly or indirectly by the Terminal equipment or the use thereof, and the Subscriber hereby indemnifies the Service Provider and holds it harmless against any claim by the Subscriber or any other person.
Click to expand...

and:

9.4 Service Provider may change the terms and conditions of this agreement as a result of changes in taxes, laws, regulations, the terms and conditions of the licence issued to WBS, the terms and conditions of any agreement between WBS and Service Provider or any circumstances or events similar to the foregoing. Service Provider shall notify the Subscriber of any changes as contemplated herein in writing.
Click to expand...

http://www.iburst.co.za/default.aspx?link=legal_terms
 
ambroseg1 said:
so is it my fault that I already have an e-mail account at work (which Iburst know about) and opted not to waste my time with their crappy e-mail?
Click to expand...
You are not understanding me... iBurst has sent out mail to every single one of their customers on the billing email contact that was given when you signed up. Did you get the email?
 
From another document (http://www.iburst.co.za/documents/legal/document_19.pdf)*

• Because of the nature of the ADSL sessions, and because ADSL is a session based
technology, the Service Provider does not guarantee the efficiency of the measures
available to limit the Subscriber’s access as contemplated in the above clause. The
Service Provider accordingly does not accept responsibility if the Subscriber exceeds the
Subscriber’s data cap, and will charge the Subscriber for Pay-per-use at the
prevailing Pay-per-use rates. The subscriber is therefore finally responsible for
monitoring and controlling the Subscriber’s use of the ADSL Service.
Click to expand...
[emphasis added]

The point here is that, as with most corporations, iBurst's T&Cs generally indemnify them from most liabilities. The subscriber has to rely on the company's good faith. That's all one generally gets.

* The Terms and Conditions document for Wireless is unavailable (http://www.iburst.co.za/documents/legal/document_38.pdf); the above is from T&C for ADSL.
 
Last edited:
Still doesn't state that they can change the agreed upon product?

Does the contract state, e.g. 1GB + 64kb unlimited?
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X