Telecom breaking contracts?

Forums › Spark New Zealand (including Skinny and BigPipe) › Telecom breaking contracts?

sadamhu

10 posts

Wannabe Geek

#64178 9-Jul-2010 14:12

So I have been on the phone arguing with Telecom that they are breaking a contract
by stopping the "Big Time" plan and shifting me to some other useless plan in comparison.

IS THIS LEGAL?

ISN"T THIS BREAKING A CONTRACT? Fair Trading Act 1986?

According to them the letter sent out to people with this plan have to change because they
are giving us over a months notice! This doesnt work for me! Nor does it work for many others
as well I'm sure! This is the same as having an all you can eat down to one meal a week deal.

I know that a Landlord can boot out its tenants by giving them a months notice. Does the
same apply for broadband users?

If I had a large patch of strawberries and said to everyone that they can eat as much as they
want for $10 a session, then realize that they are eating more than $10 worth, who's at fault?

What are your thoughts on this? Should Target or Fair Go get in on this?

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2102 posts

Uber Geek

#349496 9-Jul-2010 14:18

This contract, the one you are talking about, and the one you signed up to - Have you actually read it!?!

I think you will find a clause in their that allows them to do just this! But you will also find this invokes your right to leave if you so desire - without penalty, even if still under "contract"

This is the same as having an all you can eat down to one meal a week deal.

at least you wont end up with diabetes :)

cws82us

788 posts

Ultimate Geek

#349499 9-Jul-2010 14:22

i just got the letter too. it says about affect your big time broadband upgrade. But we not upgrading. are they are going to Automatically Change my plan on 8th of october. less then 1 mouth away. We need to call them before 13 of august Or they will change our plan on 8th of october. this sucks big time

join Quic and get free sign up when you click my link https://account.quic.nz/refer/250676

xpd

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#349516 9-Jul-2010 14:32

Must admit after a quick nosey through the Telecom T&C site, there actually isnt anything there regarding them cancelling plans altogether, apart from them cancelling your service for breach of other conditions. And even then it refers to "Xtra", not Telecom.

But 1) INAL
2) I dont have time to read it all word by word so I may have missed something.
3) Ive never been a Telecom/Xtra customer so dont know what sort of paperwork and agreements they get you to sign.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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k1wi

484 posts

Ultimate Geek

#349521 9-Jul-2010 14:38

how is October 8 less than one month away?

farcus

1554 posts

Uber Geek

#349533 9-Jul-2010 14:55

xpd: Must admit after a quick nosey through the Telecom T&C site, there actually isnt anything there regarding them cancelling plans altogether, apart from them cancelling your service for breach of other conditions. And even then it refers to "Xtra", not Telecom.

But 1) INAL
2) I dont have time to read it all word by word so I may have missed something.
3) Ive never been a Telecom/Xtra customer so dont know what sort of paperwork and agreements they get you to sign.

http://www.telecom.co.nz/help/content/0,10709,206050-204524,00.html#8

specifically

We may, at our sole discretion, change, withhold, suspend, restrict, replace or terminate any of our Services in any circumstances if we think it is necessary or desirable.

Zippity

683 posts

Ultimate Geek

#349535 9-Jul-2010 14:58

Quit whining and be a man and pay up for all the stuff that you are downloading.

Why should you be getting a free ride? :(

sadamhu

10 posts

Wannabe Geek

#349538 9-Jul-2010 15:06

itxtme - breaking a contract would be breaking the law. So it would be unwise to put such a statement into a contract. The only legal way, which I think sounds dodgy is to give the customer 1 months notice, then pull the plug.

xpd - exactly what I could find too.

So the place I stand at now is, OK they have given me a months notice is that legal? This is breaking a contract basically, just in a months time. Its just written out in a letter, thats all.

EDIT - Farcus - good finally something to actually read about the contract. I just couldnt find it myself, so
therefore I thought I could have a case. So just like Zippity says, I just have to man up to it. HAHAHAHA!
THIS COUNTRY SUCKS, TIME TO MOVE TO AMERICA!!! AMERICA!!!

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rscole86

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#349541 9-Jul-2010 15:16

There is nothing wrong with breaking a contract. It is not illegal. You only run into problems when a) your contract does not have out clauses, or b) you do not follow them.

In this case I am sure you will find that Telecom NZ reserve the right to break the contract within a certain notice period, but they must contact the account holder by a certain date.

BlakJak

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#349542 9-Jul-2010 15:17

Oh ffs read what farcus posted. They have the right. Their lawyers wouldve pored over the issue long before now.

No signature to see here, move along...

graemeh

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#349548 9-Jul-2010 15:31

sadamhu: I know that a Landlord can boot out its tenants by giving them a months notice.

Well you don't know much because that is not true.

The options are something like 42 days and 90 days depending on the circumstances.

Perhaps your landlord just didn't like you?

xpd

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#349551 9-Jul-2010 15:33

After reading a bit closer (as per farcus's post), yup, theyre above board and arent doing anything they arent covered for.

TBH, I dont think a lot of people do read the T and C, and if they do, figure whats there wont affect them anyway...

3 choices :
1) Find a new ISP
2) Accept the new plan and stay with them
3) Argue with them forever and end up doing 1 or 2 anyway.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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sadamhu

10 posts

Wannabe Geek

#349552 9-Jul-2010 15:34

Well you don't know much because that is not true.

The options are something like 42 days and 90 days depending on the circumstances.

Perhaps your landlord just didn't like you?

Hahahaha! yeah i knew it was something like that. I'm just crying over my internet! give me a break LOL!

Whens the next time we get an unlimited broadband option by any of the competitors?

xpd - exactly, we are screwed. MOVE TO AMERICA! AMERICA!!!!!!!

xpd

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#349556 9-Jul-2010 15:40

What have we learnt from this thread ?
Read the fine print

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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Tabuti

134 posts

Master Geek

#349558 9-Jul-2010 15:42

go with slingshot and download over night :) great deal there, switched to them from xtra big time a long time ago

hellonearthisman

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#349572 9-Jul-2010 16:10

Telecom has a fragmented pages of terms but here. http://www.telecom.co.nz/help/content/0,10709,206048-204524,00.html#7
"7. Ending Services or our agreement
Either of us may end any Service or end our entire agreement by notifying the other party."

And http://www.telecom.co.nz/help/content/0,10709,206050-204524,00.html#8
"We may, at our sole discretion, change, withhold, suspend, restrict, replace or terminate any of our Services in any circumstances if we think it is necessary or desirable.
...
for any other reason we think makes it necessary or desirable to do so.

However, where changes to any Services may have a material detrimental effect on you, we will provide you a minimum of 10 working days and wherever possible at least one month notice of these changes before they come into effect. "

Italics added

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