Vox Claw back Charge

[grant_cpt]

So just got a quote from Vox and spoke to the sales consultant now, who mentioned that if I cancel the service within 12 months, there is an R1725 cancellation fee. This is because of the "free installation" clawback fee. Which I'm yet to find in their T's & C's.

Also, I'll be charged this even if I do move to a new premise. Which I feel like is ****, as my lease is still good for the next 11 months. So just short of that 12 months

Any other ISP's doing this?

 

[davidjanks]

I'm going through the same process. Turns out they have a clause (number 13) in their FTTH product Ts & Cs which claims they may charge a fee. I'm being charged R2733. I was never informed of it and it was not on their contract or invoices until May (I signed up in Feb) when I assume they did a system change to "sneak" it in. I've lodged a complaint with the Gauteng Consumer Complaints Commision since Vox refuses to waive this fee as they say I agreed to this hidden clause. The practice seems exceptionally unethical especially since they didn't advertise it properly. Did you manage to get it waived?

My summary defense with CPA is below:

1. The install/setup amount of R2733 is outrageous and no client would ever pay that. The reason we know this is true is because no internet service provider charges this and as far as my research shows, Vox has never charged a setup fee of this magnitude to a client for Fibre to the Home. This means you have no intention of actually charging this fee and do not use it as an acquisition tool as advertised but rather a retention mechanism. This is a similar contracting mechanism to taking up a 12 month contract but can be advertised as a month-to-month contract. This can in fact be even worse for clients than a 12 month contract due to the fact that you refuse to pro-rata this amount for the remainder of the 12 months. While I think this is highly unethical behaviour, it is a potentially clever legal loophole (for now). As an organization you would want me to sign-up for 1a 12 month contract to ensure a reasonable level of income over those 12 months. You would then charge a reasonable cancellation fee if that was done. I took the product up mainly due to the advertised month-to-month option and that there are no long term contracts.
2. As a consumer I have a right to transparent pricing Section 23 of the CPA and you have an obligation to disclose the pricing properly to me. There was no advertised clawback amount. For all I knew it was R100 but you could also turn around now and claim it is R1,000,000. Are you arguing that you may now charge me any amount you choose to be "fair"?
3. It could be argued that this is a form of bait marketing (as per section 30.(1) of the CPA). You have advertised a good/service being available at a specified price (free) which led to deceiving me into purchasing the product and later change to a higher than advertised price.
4. Similarly in section 41.1 (a) (b) and (c) you have indirectly expressed or implied a misleading/deceptive representation to myself as a consumer. You have used ambiguity in the contract and failed to disclose a material fact.
5. The price of R2733 is excessive and could be argued against section 48 (1) as the price is unfair and unreasonable. The reasonable man's test would probably also indicate that the contract terms themselves are unjust and unreasonable. This can be seen in section 48 (2), (b), (c) and (d).
6. As mentioned in 48 (2) (d) section 49 is where Vox is clearly in the wrong. The quote, contract and Ts/Cs were not explained clearly. As you have shown in the "alternative" quote you now ensure that the fee is advertised properly in a simple easy to see section on the quote. Nowhere except in clause 13 do you mention the setup fee. As a provider you have an obligation to show every part of significance to the consumer.

 

[grant_cpt]

Cool Ideas does pro-rata. And that's why I went with them as my leave is only for the next 10 months

 

[davidjanks]

Yeah I would never have gone with Vox if I was aware of this insane charge. I also knew I was going to be cancelling the package before the end of the year. Very frustrating

 

[Haterofppl]

Same, I really want to cancel my Vox. Expensive compared to some providers, terrible latency for gaming and plenty of downtime in the Garden Route area. Latency on League of Legends EUW is 194ms. It goes to 164ms on occasion but my friends on better providers in the same city gets 155ms. Stay away from Vox!