Can we get out of our contracts?

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quincarroll

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So... With the recent issues that have been plaguing iBurst and it's supposed services that they provide. How do we get out of our contracts?

They clearly have issues maintaining their so called service. I think I have been able to use my iBurst wireless connection with decent connection and download speeds for about 2 weeks this year so far. The rest of the time has either been slow to the point of being unusable or there has been no connection at all.

If iBurst aren't providing a service that I am paying for, is there any way to get out of the contract that I have with them. I think I still have about 20 months left on my contract and don't want to pay any penalties because the problem I have is that iBurst isn't providing me with a service that I can actually use!!!

Any ideas?
 
No seriously. Go see a lawyer. A lawyery letter to iBurps together with a notice of cancellation should do wonders.

What does the iBurps T&C state? Are they in breach of their own contract? Or can it be placed under "force majeure", something over which they had no control?
 
Or can it be placed under "force majeure", something over which they had no control?
Click to expand...

That's going to be tricky seeing as all they had to do to avoid having their equipment pulled was to pay the account.

And seeing as they would pay the account with the income from their clients .....
 
I'd have to agree with both ginggs and The_Librarian. A lawyer is your best option. Though, judging from the many reports out, it's hard to say whether or not WBS knew that there would be a raid.

A few months back I was in a similar position, where I felt that I wasn't getting what I was paying for. I searched hard for any way to get out of a contract without having to pay those exorbitant cancellation fees. I realised that it would be a long and difficult fight, due to the terms and conditions iBurst have. The Consumer Protection Act is also pretty useless and can't be used to negotiate a reasonable cancellation fee, unless you can afford a lawyer. Before taking any drastic action, I decided that it was better to try and work with iBurst in trying to fix the problem. It took a lot of time, effort, speed tests and complaints, but eventually iBurst came to the party and they managed to fix the problems. They even covered the costs. That all happened earlier this year, and I was once again happy with iBurst.

However, with everything that's been happening recently, I have my doubts.
When the time comes, I'm not sure that I want to renew my contract, since ADSL has become very affordable lately. There are less and less advantages to having iBurst. Anyways, this article does well to sum up this whole ICASA/WBS drama:

http://www.techcentral.co.za/exclus...feed&utm_campaign=Feed:+co/UqJF+(TechCentral)
 
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Kitch said:
I'd have to agree with both ginggs and The_Librarian. A lawyer is your best option. Though, judging from the many reports out, it's hard to say whether or not WBS knew that there would be a raid.

A few months back I was in a similar position, where I felt that I wasn't getting what I was paying for. I searched hard for any way to get out of a contract without having to pay those exorbitant cancellation fees. I realised that it would be a long and difficult fight, due to the terms and conditions iBurst have. The Consumer Protection Act is also pretty useless and can't be used to negotiate a reasonable cancellation fee, unless you can afford a lawyer. Before taking any drastic action, I decided that it was better to try and work with iBurst in trying to fix the problem. It took a lot of time, effort, speed tests and complaints, but eventually iBurst came to the party and they managed to fix the problems. They even covered the costs. That all happened earlier this year, and I was once again happy with iBurst.

However, with everything that's been happening recently, I have my doubts.
When the time comes, I'm not sure that I want to renew my contract, since ADSL has become very affordable lately. There are less and less advantages to having iBurst. Anyways, this article does well to sum up this whole ICASA/WBS drama:

http://www.techcentral.co.za/exclus...feed&utm_campaign=Feed:+co/UqJF+(TechCentral)
Click to expand...

Thanks for that info...

To be honest, I really don't feel like fighting with anyone about this. All I really want is to have my iBurst connection working the way it should. Moving to ADSL would be ideal, but I don't think that Telkom provide ADSL where I live, so that's a moot point.

My main concern is that if iBurst is forced to stop providing wireless internet, I don't want to be stuck with the contract. I guess that's probably not going to happen either way, but this is still pretty frustrating.
 
quincarroll said:
Thanks for that info...

To be honest, I really don't feel like fighting with anyone about this. All I really want is to have my iBurst connection working the way it should. Moving to ADSL would be ideal, but I don't think that Telkom provide ADSL where I live, so that's a moot point.

My main concern is that if iBurst is forced to stop providing wireless internet, I don't want to be stuck with the contract. I guess that's probably not going to happen either way, but this is still pretty frustrating.
Click to expand...

I completely understand, and would assume that many of us here are in the same situation. A lot of people use iBurst because they have no/limited access to ADSL services. There are also those of us who do have access to ADSL, but would much rather use iBurst than deal with Telkom. Those of us with contracts, especially those with recently renewed contracts, would have a huge problem should things get any worse. We're at the mercy of iBurst, or more specifically, WBS. Let's hope this is a short lived frustration, but it would be wise to start looking around for an alternative ISP. You can never be too cautious.
 
at the end of the day, if they are not delivering the service you are paying for, why continue paying them? i am on a month to month with iburst so i have no problems cancelling and i honestly dont know why anyone would renew a contract as opposed to going month to month after contract expiry
 
Fiza said:
at the end of the day, if they are not delivering the service you are paying for, why continue paying them? i am on a month to month with iburst so i have no problems cancelling and i honestly dont know why anyone would renew a contract as opposed to going month to month after contract expiry
Click to expand...

I, for one, got really excited about the Silver Surfer 2Meg modem, and the only way I could afford to get my hands on one, was to get it with a contract. Pity the problems with iBurst latency and speed really became a big problem at the same time as the new contract about a year ago.
 
On the original question: Before you go to a lawyer, just read the fine print first. If you don't have a copy, ask them to supply you one, with proof that it is the one you singed. There should be reference to some service level agreement, i.e. "if we cannot provide the service due to x reasons, you are not relieved of your obligation until...."
If there is no such thing, you can walk out. Common law: no service, no pay.
If the clause is clear, you have to wait out the time and then just follow the contract. A lawyer won't be able to tell you more.

Better solution: Obviously this is a big story in the SA broadband market. In its role as a consumer watchdog, MyBB could provide a valuable service to iBurst victims.
 
Here is a trick to get out of the contract but only if you have relatives that can support this. There is no signal, you've relocated to another city and iWorst isn't available at all. They can make a plan to cancel your contract or ask them what will the damage be if i cancel my contract
 
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