BouncyNinja
Executive Member
- Joined
- Oct 15, 2009
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This was the response from the ASA i got in 2019
Dear Mr Jacobs,
We refer to your complaint below.
We have received the following response from Vodacom’s representative:
“Uncapped Internet
It is evident from the website page that Mr Jacobs has based his complaint on, that the fibre offering in question is aimed at personal customers, and not business or commercial customers.
It is factually correct, as stated in the advertising in question, that Vodacom allows its individual customers to use as much data as they desire. This uncapped offering is, however, subject to Vodacom’s Fair Use Policy (“FUP”). A FUP is an industry standard for any uncapped offering in order to protect the integrity of the network so that when a particular user uses more than a “fair” amount of data in a given timeframe, such user stands to be restricted to slower speeds during peak times, in order to allow other users to access the network fairly.
Vodacom’s definition of uncapped internet, which is set out in the term and conditions that can be accessed from the same website page that Mr Jacobs has based his complaint on, namely https://www.vodacom.co.za/vodacom/terms/fibre/vodacom-fibre, is unlimited data allocation subject to a FUP at the rated line speed of the product selected. (In particular, the ARB is directed to clauses 72 – 78 of the terms and conditions dealing with the FUP.)
Vodacom allows its customers to use as much data as they desire, however, as is set out in the terms and conditions, Vodacom reserves the right to protect its network from excessive usage or abuse. This protection is in the form of a reduced speed (i.e. 2Mbps) when FUP is reached, whilst still allowing uncapped or unlimited data usage at the FUP rated line speed.
In addition, the FAQ’s link, also on the same website page that Mr Jacobs has based his complaint on, namely https://help.vodacom.co.za/personal/topics/61/Vodacom-Fibre, state that the offer is subject to the above FUP considerations.
Additionally, all customers have to accept the above T&C’s during the acquisition process.
Conclusion
It is submitted that the on-line advert in question is not likely to mislead the reasonable consumer and is not in breach of Clause 4.2.1 of Section II of the Code of Advertising Practice. It is rather evident that Mr Jacob’s experience is an isolated service-related issue, which Vodacom has endeavoured to amicably resolve directly with Mr Jacobs.”
In light of the above, we presume that the matter is resolved, and we will close our investigation accordingly.
I've had a few of my fellow staff members experience the same issues with vodacom, all have now been moved to websquad, and not a complaint from a single one since
Dear Mr Jacobs,
We refer to your complaint below.
We have received the following response from Vodacom’s representative:
“Uncapped Internet
It is evident from the website page that Mr Jacobs has based his complaint on, that the fibre offering in question is aimed at personal customers, and not business or commercial customers.
It is factually correct, as stated in the advertising in question, that Vodacom allows its individual customers to use as much data as they desire. This uncapped offering is, however, subject to Vodacom’s Fair Use Policy (“FUP”). A FUP is an industry standard for any uncapped offering in order to protect the integrity of the network so that when a particular user uses more than a “fair” amount of data in a given timeframe, such user stands to be restricted to slower speeds during peak times, in order to allow other users to access the network fairly.
Vodacom’s definition of uncapped internet, which is set out in the term and conditions that can be accessed from the same website page that Mr Jacobs has based his complaint on, namely https://www.vodacom.co.za/vodacom/terms/fibre/vodacom-fibre, is unlimited data allocation subject to a FUP at the rated line speed of the product selected. (In particular, the ARB is directed to clauses 72 – 78 of the terms and conditions dealing with the FUP.)
Vodacom allows its customers to use as much data as they desire, however, as is set out in the terms and conditions, Vodacom reserves the right to protect its network from excessive usage or abuse. This protection is in the form of a reduced speed (i.e. 2Mbps) when FUP is reached, whilst still allowing uncapped or unlimited data usage at the FUP rated line speed.
In addition, the FAQ’s link, also on the same website page that Mr Jacobs has based his complaint on, namely https://help.vodacom.co.za/personal/topics/61/Vodacom-Fibre, state that the offer is subject to the above FUP considerations.
Additionally, all customers have to accept the above T&C’s during the acquisition process.
Conclusion
It is submitted that the on-line advert in question is not likely to mislead the reasonable consumer and is not in breach of Clause 4.2.1 of Section II of the Code of Advertising Practice. It is rather evident that Mr Jacob’s experience is an isolated service-related issue, which Vodacom has endeavoured to amicably resolve directly with Mr Jacobs.”
In light of the above, we presume that the matter is resolved, and we will close our investigation accordingly.
I've had a few of my fellow staff members experience the same issues with vodacom, all have now been moved to websquad, and not a complaint from a single one since
