eircom i-stream t's & c's

uzami

I have been using the self install broadband a/c since May....and today I recieved in the post a copy of eircom's terms & conditions.

The welcome letter states that included is the t&c's and that during installation I will be asked "to click agree" that I have read and understood the terms and conditions, and this will constitute a legal agreement.

Also included is a card for me to sign and return.

Now this is the 1st time I have seen the terms and conditions and it states that there is a cap and a 12 month contract.....which no one explained to me when I ordered the service, and is the 1st time I have heard of it

So without eircom having had me clicked on the 'agree' button, or returning the card, am I in a position to dispute any element of the agreement......for example were I to move in six months, or if eircom charge me for going 1gig over the cap.

what is my position on this?

the only thing I am concerned about is the rolling 12 month contract....whereby if I use the service for 12 months and a day, I am liable for a further 12 months.....surely this is unfair!!

Should I argue this out with eircom now and walk away from the contract, or stick with it and see how things develop if i don't return the card.

crowbar

yeah i got one too. i got no cd at all, as i got i-stream starter without a modem.

the cap is mentioned on the website and print ads at least, can't remember if it's in the tv ad too but i suspect it is. i knew about the 12 month minimum contract, but renewing for 12 month periods, now that is definitely new.

wait until they chase you i reckon. does one take these things up with comreg too?

uzami

whether I knew or not is not the issue.

It is at what point did I agree to the terms and conditions of the service and entered into a legally binding agreement.

I ordered the service over the phone, and have been using it for two months....only now to find out about the restrcitions etc on the service.....

....so can eircom say that I agreed to these conditions when I have done no such thing.

crowbar

if you don't agree to the terms and agreement then i'm sure you can cancel it ... sort of like returning a software package that you don't agree to the terms and conditions of.

i read the agreement again - section 6.2 indicates that you can cancel with one month's notice subject to 6.3, which states that you may be penalised up to 6 month's rental if you cancel within the first year. so you're not locked down to them for 2 years if you cancel after 12 months and a day.

BKtje

If you dont agree discontinue use immediately you dont have a leg to stand on. If you do stop straight away you might be able to argue back your instal fee... unlikely tho as you have used to for 2 months.

elderlemon

Contract law states that you must be shown, or at least made aware of the t&c's at the time of purchase. In this case Eircom's T&C's are only available to you after you purchase and are not explained to you verbally when you order either. This means that you are not bound by their T&C's unless Eircom ask to you sign one after the fact.

The only information eircom provide to you when you order is the cost for installation and the charge per month. If they dont state that its a minimum 12 months contract then it is assumed that the contract is monthly and you can teminate at any time with no penalty. Whether you get your installation fee back is another matter.

kitole

That matter could be also for the purchase online...

I ordered the self-starter pack directly to eircom website.
No T&C's and information of 12 months contract were stated during the process of the order online.

Only received last Friday by post copy of T&C's. Informations for the 1 year contract and termination were provided 3 months after the order.
:mad: :mad: