crazed: Effectively they haven't breeched the T&C's of the plan.
Lets review the points of interest of the Bigtime Plan.
- Its Traffic managed, particulaly P2P Traffic. They could effectively manage it down to 33.6k modem speeds and still be within the terms of the plan.
- There is no guarantee's of transfer speeds at all. NZ ISP's Don't guarantee Connection Speeds.
- Plan is stated as being Fullspeed within the capablity of your line.
- You agreed to the Traffic management when you signed up for the plan. You have the right to change plans once free of charge per month if you aren't happy with the speed.
Your only real come back against Telecom would be possibly that the connection isn't suited for the purpose that it was advertised or provided. Good luck in proving that one.
Telecom has stated that you can have unmetered all you can eat bandwidth in return for traffic management, you are paying $60 for that service. Thats $20 cheaper than the 40Gb plan without traffic management. They tell you when you sign up for the plan, "That the plan is Traffic managed and is not suitable for everyone."
You can either have Full unrestricted speed and pay for bandwidth or managed speed(based on Network load) and unrestricted bandwidth, You can't have both on this plan. If you believe you have a fault, then ring 120 or what ever it is and log it as a fault and see what comes back.
I'm afriad, I can't see how or where they have breeched the T&C's?
They've breached terms and conditions by creating a service which is virtually unusable as a BROADBAND connection 24/7.