canceling clearwire?

[shamblertine]

Hi I just got clearwire but the speed isn't great, takes too long to download. So I was thinking of cancelling with them. Can I do this? If so do I just ring them and tell them. Or do I have to tell my bank to stop payments too? Also what happens to the modem? Do I have to bring it back to the place i got it from?

Any help would be much appreciated.

[Sponge Bob]

how long since you first got it, it could be on trial still.

if not on trial when did you notice the speeds problem ??

lots around about clearwire if you search Boards, none good

[Mr. Magoo]

I've been with clearwire for about 2 months and have spent the last 2 weeks trying to cancel because of the dial-up like speeds, they really don't make it easy for you. I've been bounced around between so many people, so many promised call backs that never happen. I finally got on to one guy last night who said everything at their end looked fine so the speeds should be fine. He wanted me to send a screenshot of some results from irishisptest.com and he was very particular about using that site. I ran the speed test and got average download speeds of around 2mbps but with other speed test sites i was getting around 150kbps, very strange. Haven't heard back from them today but the speed tonight for just web browsing is alot better than usual, haven't tried downloading anything yet though.

[Sponge Bob]

clearwire never call anybody back about anything.

[Blaster99]

Perhaps I was ahead of the wave, but I just called them up and listed a bunch of things I couldn't do with the service and said it was unacceptable and they agreed to cancel it mid contract. They were nice and polite about it.

[shamblertine]

Originally Posted by Sponge Bob

how long since you first got it, it could be on trial still.

if not on trial when did you notice the speeds problem ??

lots around about clearwire if you search Boards, none good

I've only been with them 2 days. I got the modem in a shop and gave my direct debit details. So is everyone on an initial trial period?

[Sponge Bob]

Yes, its apparently 'easy' to cancel within 28 days (but YOU read their terms and conditions) and after that they promise to call you back for the next 2 years . Its a 2 year contract after the trial .

test every service you can and make sure they work during the trial period and if the service degrades thereafter make sure you do not wait for that callback but conduct all your business by email and cc everything to the ODCA on odca@entemp.ie .

A degraded service is not "Fit for the purpose" is it so a 2 year contract on a degraded service is an unfair contract ??

also note

http://www.irishisptest.com/forum/cl...broadband.html

[Blaster99]

What are you talking about?

You have a statutory right to cancel anything within 7 days. Clearwire might have a longer trial period. I cancelled about six months into the contract without any trouble. The contract is 12 months unless you selected the 24 month option.

Seeing as you're on day two and you're not happy, just cancel. No need to e-mail anybody or whatever other mad stuff Sponge Bob is suggesting.

[Sponge Bob]

I recommended he contact the ODCA because the terms and conditions on the Clearwire site are frankly unacceptable .

http://www.clearwire.ie/cwi/defaulta...lePath=151_163

eg

23. Termination/Early Termination Fee. You shall maintain Service for the duration of any minimum Initial Term (as set forth on the Order Form)..You may terminate the Service after the end of the Initial Term by contacting Clearwire’s Customer Care department as set forth at www.clearwire.ie and giving at least thirty (30) notice of termination. If you terminate your Service for any reason or your Service is terminated by Clearwire for any violation of the Agreement prior to the end of the Initial Term, you will be liable for an early termination fee of €120, or such other early termination fee as may be specified on your Order Form. Upon termination of this Agreement, unless you purchased the Equipment as provided above, you will be responsible for the costs and risks associated with returning the Equipment to Clearwire. You must return the rented Equipment to Clearwire in good working order, reasonable wear and tear excepted, in accordance with Clearwire’s return policy set forth at www.clearwire.ie. If you do not immediately return the Equipment in good working order, Clearwire may charge your Card account for €250, which you agree is an appropriate charge in light of the value of the Equipment.

and

33. ARBITRATION. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF IRELAND WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO CLEARWIRE UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE CENTRE FOR ARBITRATION AND DISPUTE RESOLUTION (CDR) THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE DUBLIN, IRELAND UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR SHALL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE CDR RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND CLEARWIRE WILL EACH BEAR YOUR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR SHALL BE GOVERNED BY THE RULES OF THE CDR. THIS DUTY TO ARBITRATE WILL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO CONSOLIDATION OR CLASS TREATMENT OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY CLEARWIRE. THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICES. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND CLEARWIRE AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED

and this beauty.

25. DISCLAIMER OF LIABILITY. (A) EXCEPT AS SET FORTH IN SECTION 5, THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, SAVE FOR STATUTORY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 OR ANY LEGISLATION AMENDING, REPLACING OR SUPPLEMENTING THE SAME IS HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY CLEARWIRE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY CLEARWIRE. NEITHER CLEARWIRE NOR IT AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. CLEARWIRE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE CLEARWIRE’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOUR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE CLEARWIRE NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF CLEARWIRE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH SECURITY MEASURES ARE EMPLOYED, CLEARWIRE CANNOT GUARANTEE THE SECURITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. (B) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER CLEARWIRE NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS, (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OF YOUR DATA OR ANY END USER’S DATA. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT CLEARWIRE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR IF YOU HAVE ANY OTHER DISPUTE WITH CLEARWIRE, OR CLAIM AGAINST CLEARWIRE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Its time the heavyweights reminded them that a service or product should be "Fit For The Purpose" , ie Broadband not simply a bit of web surfing and that the ODCA has jurisdiction not just these feckin arbitrators who cost about €400 a pop.

Those T&Cs are the worst heap of legalistic cack I have ever seen from an ISP. I only provided a smidgeon there.