What constitutes a contract.

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3puttssuck

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#2087805 11-Sep-2018 20:47

IcI:

3puttssuck: Thanks for all the feedback. The part about moving after a few months was hi pathetically speaking. I’m very happy with what I’m getting cost & service wise. The only thing I’m sort of considering is a change up in speed. Which may mean breaking current contract.

Hypothetically speaking, your ISP most likely is willing to do the upgrade at no charge because ...

It's not a downgrade, so they don't get less money than the original contract
They most likely will get more money from you because of the upgrade

Two ISP I've previously dealt with operated with the two points in mind. I've never had an issue upgrading my service. I think once I had to resign for another 12 month term, the other time there was no mention of starting the fixed term again. ymmv

LOL Hypothetically speaking I should have used spell checker instead of being lazy.

frankv

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#2087877 12-Sep-2018 07:12

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

You agreed to a deal. Switching early is dishonest.

What more do you need to know?

3puttssuck

744 posts

Ultimate Geek

#2087889 12-Sep-2018 08:02

frankv:
3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

You agreed to a deal. Switching early is dishonest.

What more do you need to know?

t

It looks like you didn’t read the whole thread or else you would have seen my second post about only changing speed. But thanks for pointing out how I maybe a dishonest person.

tdgeek

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#2087974 12-Sep-2018 08:39

Aredwood: Short answer, only contracts involving the sale of land, and a few other special situations. Have to be in writing. And even then, my understanding is that only land contracts are completely unenforceable when verbal only.

I'm sure that is correct. This telco contract is in writing I believe, anyone feel free to correct. The website deal page, the T+C's, the bill, the payments, these are all written evidence of the contract being offered, accepted, and consideration. If that was not the case, specific performance would cover it. In fact verbal contracts are valid contracts, but unenforceable. Unless there is evidence. Been a long while since my law subjects, so be easy if I am not 100% correct!

tdgeek

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#2087976 12-Sep-2018 08:41

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

MikeB4

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#2087977 12-Sep-2018 08:42

maybe @dejadeadnz could give some insight into this

3puttssuck

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#2087978 12-Sep-2018 08:44

tdgeek:
3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

I have never brought a $10 USB stick, so no.

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tdgeek

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#2087987 12-Sep-2018 08:51

3puttssuck:
tdgeek:

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

I have never brought a $10 USB stick, so no.

That answers my question. Plus you won't need a contract if you brought something.

3puttssuck

744 posts

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#2088014 12-Sep-2018 09:09

tdgeek:
3puttssuck:
tdgeek:

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

I have never brought a $10 USB stick, so no.

That answers my question. Plus you won't need a contract if you brought something.

So, if you don’t need a contract, why do ISP’s have them?

tdgeek

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#2088025 12-Sep-2018 09:21

3puttssuck:
tdgeek:

3puttssuck:
tdgeek:

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

I have never brought a $10 USB stick, so no.

That answers my question. Plus you won't need a contract if you brought something.

So, if you don’t need a contract, why do ISP’s have them?

You said brought, not bought. Had you not evaded my post, I would not have used your grammar accordingly.

You said you did not sign anything, my example, that you evaded, as an example where a written contract was not signed. There is a price tag, payment, receipt, payment record. If you got a telco service connected, under no 12 month contract, you still have a contract. Not signed also. You bought the service and must pay for it, irregardless that there is no term. You can cancel at any time under the terms that you agreed to (T+C's) A written contract does not need to be a signed sale and purchase agreement. The website offer and T+C's are written. If you were in court and a text was used as evidence to convict you, that is written. Emails are written evidence.

You dont need a pen and paper to have a written contract, online pages, communications are todays modern written methods.

3puttssuck

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#2088029 12-Sep-2018 09:26

tdgeek:
3puttssuck:
tdgeek:

3puttssuck:
tdgeek:

3puttssuck: My ISP contract recently expired. I called up seeking a better deal. The offered me a decent deal if I signed up for 12 months. I said ok. Buy I never received anything from them to sign or any T & C’s.
If I now want to move after a few months, can I? They don’t have y signature on any document that constitutes a contract. Where do I stand?
TIA.

When you bought your last $10 USB Stick, did you sign that contract?

I have never brought a $10 USB stick, so no.

That answers my question. Plus you won't need a contract if you brought something.

So, if you don’t need a contract, why do ISP’s have them?

You said brought, not bought. Had you not evaded my post, I would not have used your grammar accordingly.

You said you did not sign anything, my example, that you evaded, as an example where a written contract was not signed. There is a price tag, payment, receipt, payment record. If you got a telco service connected, under no 12 month contract, you still have a contract. Not signed also. You bought the service and must pay for it, irregardless that there is no term. You can cancel at any time under the terms that you agreed to (T+C's) A written contract does not need to be a signed sale and purchase agreement. The website offer and T+C's are written. If you were in court and a text was used as evidence to convict you, that is written. Emails are written evidence.

You dont need a pen and paper to have a written contract, online pages, communications are todays modern written methods.

Ok, I see my mistake, re, brought / bought. My question was answered long ago in this thread, so I will leave it alone now. I should have been clearer about what I was asking I guess.
Enjoy your day.

tdgeek

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#2088037 12-Sep-2018 09:32

You too, no problem.

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