You have two parties that none want to weaken their own position making just pointless arguing.
I see it like this ... You entered into a contract with MWEB, They were the ''FREE THE WEB" and ''EAT AS MUCH' kings. It was, from the advertising that I understood that UNCAPPED meant, use data as much as you can or wish, speed being constant by virtue of the account type viz. IMbps etc. No mention was made of shaping.
Equally, the CPA had not taken effect at the time of my contractual dealings.
The AUP, albeit on the site the CPA is clear on how such AUP should be dealt with :-
“Any notice to consumers or provision of a consumer agreement that purports
to limit in any way the risk or liability of the supplier or any other person; constitutes an assumption of risk or liability by the consumer; impose an obligation on the consumer to indemnify the supplier or any other person for any cause; or be an acknowledgement of any fact by the consumer – must be drawn to the attention of the consumer in a manner and form that satisfies the formal requirements of subsections (3) to (5).”
The formal requirements that disclaimers should satisfy are the following:
1) Firstly, the “provision, condition or notice” must be written in plain language. It would be considered to have been written in
plain language if the ordinary consumer, with an average literary skill level could be expected to comprehend the content, and essence of the disclaimer.
2) Secondly, disclaimers written in barely legible fine print and placed at the bottom of the page is no longer acceptable.
The effect and nature of the notice must be drawn to the attention of the consumer in a conspicuous form and manner that will likely attract the attention of an ordinarily alert consumer, bearing in mind the circumstances.
3) The CPA also emphasizes that the consumer’s attention be brought to the disclaimer
before they enter into the transaction, engages in the activity, enter or gain access to the facility, or is required to offer consideration for the transaction.
4) Lastly, the consumer must be allowed
adequate opportunity to grasp the importance of the disclaimer and understand the consequences that will arise there from.
In my case, and in all probability, all customers who joined MWEB prior to August this year, MWEB is at fault, there is only one side to the story and MWEB have been less than honourable in this matter. Dealing with the AUP and changing their modus operandi ipso facto is both illegal and unethical.
I am glad however to see that you have seen the light and moved away from such ISP.