[Snap] Breaking contract under Consumer Guarantees Act

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estabueno

3 posts

Wannabe Geek

#142847 26-Mar-2014 13:55

I was wondering if anyone has any experience or understanding of what would justify breaking my contract under the Consumer Guarantees Act?

I entered into a contract understanding that If I left there would be an early termination fee, but what obligations does the ISP take on?

I don't want to get into specifics, but I really think that in my situation Snap! has not lived up to reasonable expectations or standards in service or problem resolution and that I would be justified in breaking my contract and not expecting any fee's.

What rights under the Consumer Guarantees Act do I have in this context?

Cheers

billgates

4705 posts

Uber Geek

Trusted

#1013176 26-Mar-2014 13:59

You will be covered under the Telecommunication Dispute Resolution. Snap is a member of TDR. Do explain the situation though. The forum here might be able to help with your issue.

http://www.tdr.org.nz/

Do whatever you want to do man.

ajobbins

5052 posts

Uber Geek

Trusted

#1013190 26-Mar-2014 14:14

When you buy a product or service, the CGA says it must be fit for purpose. While somewhat ambiguous, if the connection was bad enough to stop you doing normal things expected of a broadband internet connection, was excessively slow compared to your actual sync rate or comparable connections or was often offline you could argue it wasn't fit for purpose.

You would need to give them an opportunity to fix it in the first instance (put it in writing). Then, if they were unable to resolve the issue you would have grounds to have the contract ended without penalty.

In practice, the TDR is likely to be the best approach.

Twitter: ajobbins

surfisup1000

5288 posts

Uber Geek

#1013234 26-Mar-2014 15:32

And, if snap are not at fault you are out of luck (ie, it could be a chorus / UFF issue).

graemeh

2078 posts

Uber Geek

#1013471 26-Mar-2014 22:15

surfisup1000: And, if snap are not at fault you are out of luck (ie, it could be a chorus / UFF issue).

That is not the case. If an ISP uses other parties (such as Chorus or UFF) and one of those parties is not delivering then it is up to the ISP to resolve the issue. It is not the customer's problem.

estabueno

3 posts

Wannabe Geek

#1013733 27-Mar-2014 10:36

Thank for the feeback, I can see the Telecommunication Dispute Resolution would be the best route to go, but luckily RalphfromSnap has been in contact and is working towards getting every thing sorted... what a legend.