Sunset clauses and the CPA

T

The_Unbeliever

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Hey guys

Just had a thought.

We all know that most cellphone contracts (amongst others) do renew automatically.

Now, the contract I took out before the CPA surely is bound to fall within the CPA as soon as it is renewed?

If not, then I'm going to cancel my cellc contract and take out a new one which will fall under the CPA.

TIA

Ook
 
My cell contract reverts to month to month after the contract expires with vodacom
 
FNfal said:
My cell contract reverts to month to month after the contract expires with vodacom
Click to expand...

Okay. Suppose you took out a contract with [insert cellular company here] in 2010, well before the CPA. Now, this year, your contract expires, and is switched over to a [sunset] monthly contract.

Does it now fall under the CPA since the terms of the contract was amended to a monthly basis?

Should you take out a new cellphone, and therefore renew the contract, does the new contract fall under the CPA? Or will it still be non-CPA since the original was signed in many moons ago?
 
Another related question, if your were on a discount for the terms of the contract period and you don't renew are you still entitled to the discount on the month to month base or does it have to revert to non discounted pricing ?
 
The_Librarian said:
Okay. Suppose you took out a contract with [insert cellular company here] in 2010, well before the CPA. Now, this year, your contract expires, and is switched over to a [sunset] monthly contract.

Does it now fall under the CPA since the terms of the contract was amended to a monthly basis?

Should you take out a new cellphone, and therefore renew the contract, does the new contract fall under the CPA? Or will it still be non-CPA since the original was signed in many moons ago?
Click to expand...
It only applies to newly signed contracts. Should you wish to cancel you need to do it on/before the 1st of a month. The 21 days as said by the CPA is 21 BUSINESS days, effectively making it approx a month.

I think the way it was written almost hints that if eyou stay with a company & renew it is still seen as a continuation. Then again it could be seen as a new contract, I yet have to find out from someone that can clear that.
 
The_Librarian said:
Okay. Suppose you took out a contract with [insert cellular company here] in 2010, well before the CPA. Now, this year, your contract expires, and is switched over to a [sunset] monthly contract.

Does it now fall under the CPA since the terms of the contract was amended to a monthly basis?

Should you take out a new cellphone, and therefore renew the contract, does the new contract fall under the CPA? Or will it still be non-CPA since the original was signed in many moons ago?
Click to expand...

from what i understand when you renew (or upgrade as they like to say) its a brand new contract so will fall under the cpa
 
This one could become quite interesting, especially in the view that the contracts allows for automatic extensions etc... As soon as you get a new phone on an existing contract - will that be viewed as a continuance of an existing contract (you are then typically committed for another 12/24 months) or as a new contract. - somehow I suspect that should it be that the original contract conditions were cleverly done, then yes, merely a continuance of the existing contract. The same would apply to the "soft" conversion to month-to-month agreements. UNLESS you were to sign a whole new agreement.... which is often not the case
 
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