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Clicksilver customers beware...............

  • 23-01-2006 6:20pm
    #1
    Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭


    The utv website http://u.tv/utvclicksilver/ advertising the clicksilver products states
    29.99 Set Up Fee Includes Modem and Post & Packaging

    That to me suggests that you are getting the modem for 29.99 and there is no qualification whatsoever. In fact they are now offering additional wireless products for 29.99 and 64.99.

    However tucked away in the Terms and Conditions is this clause:
    16.4 Upon termination for any reason, you will be responsible for returning the Creative modem and microfilters back to UTV Internet at the following address: UTV Internet, Unit 5, Portmarnock Shopping Mall, Strand Road, Portmarnock, Co Dublin 4 at your expense. A Voyager Modem shall be returned to TNS Distribution Ltd., Unit 5 Keypoint Business Park, Rosemount, Ballycoolin Road, Blanchardstown, Dublin 11, Ireland at your expense. Failure to return the modem and microfilters within 14 days of the effective date of termination shall result in UTV Internet debiting €40.00 from your Bank Account/Credit Card for the equipment and you hereby expressly consent to such debit.

    Having given the impression that the modem is included in the 29.99 they now threaten to charge you if you dont return it - there is no clarification as to whether they regard the wireless modem for which you pay extra as being part of this requirement but to make matters worse there is this little sting in the tail which I dont recall being in earlier T&C's
    The line will not be ceased until the modem is returned to the appropriate destination. Upon receipt of your modem, UTV Internet will cease your service with our supplier.

    The initial advertising appears to be misleading at best but holding a person's line to ransom while they might query such advertising is outrageous to say the least!!!!!!:eek: Not to mention that it conflicts with their claimed right to debit your account...........what potential for confusion and messing the customer around......

    And to think at one time UTV were the darlings of boards:mad:

    there is also this:
    CANCELLATION TERMS:
    The cancellation charge of your broadband service in the first six months will cost €59.99, otherwise it will cost €29.99 thereafter.

    Why should anyone have to pay a cancellation fee after they have completed their contract and wish to move on?:confused:


Comments

  • Registered Users, Registered Users 2 Posts: 19,396 ✭✭✭✭Karoma


    Not sure re: cancellation charge..

    But, "including modem" - it does include modem - as rental. It doesn't specify that they're giving you the modem to keep. Just that they're supplying a modem.. oO

    Are these T&C regarding premature termination of a contract perhaps?


  • Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭dub45


    Karoma wrote:
    Not sure re: cancellation charge..

    But, "including modem" - it does include modem - as rental. It doesn't specify that they're giving you the modem to keep. Just that they're supplying a modem.. oO

    Are these T&C regarding premature termination of a contract perhaps?

    No.


  • Registered Users, Registered Users 2 Posts: 4,473 ✭✭✭R0ot


    Im canceling mine this month, been with them for about a year now, but im switching to BT :D


  • Registered Users, Registered Users 2 Posts: 18,484 ✭✭✭✭Stephen


    The cancellation fee is part of their new no minimum contract system - although in reality its a 6 month contract since you pay a higher cancellation fee if you leave within 6 months. i.e. if you're on one of the old packages where you've already finished a 12 month contract with them you don't have to pay any cancellation fee when you leave.

    (I've tried, but because eircom's dsl line test is so ****ed up i can't actually swith to any other isp :( - they all say my line which gets full speed from 2Mb/sec is unsuitable!)


  • Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭dub45


    Stephen wrote:
    The cancellation fee is part of their new no minimum contract system - although in reality its a 6 month contract since you pay a higher cancellation fee if you leave within 6 months. i.e. if you're on one of the old packages where you've already finished a 12 month contract with them you don't have to pay any cancellation fee when you leave.

    (I've tried, but because eircom's dsl line test is so ****ed up i can't actually swith to any other isp :( - they all say my line which gets full speed from 2Mb/sec is unsuitable!)

    If you already have bb your line can fail the test - that often happens - have you tried 'porting' to another isp rather than starting afresh?

    Why should anyone have to pay a cancellation fee when they have completed their contract is the point I am making - do any of the other isps have a cancellation fee on compeltion of contracts?


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  • Registered Users, Registered Users 2 Posts: 18,484 ✭✭✭✭Stephen


    That's what i mean, if you've had a 12 month or whatever contract and completed it, you don't pay any cancellation fee. If you go out tomorrow and order some utv broadband product, you are bound to no minimum contract but are susceptible to the cancellation fee.

    Tried getting them to port it, but so far with every isp I've gotten one of the following responses:

    1) wtf is a bitstream port transfer?
    2) eircom says your line fails, bugger off.

    No amount of explaining that it works fine for the last 2 years makes a difference to them. Frustrating as f**k.
    The only suggestion any of them had was to cancel UTV and endure about 12 weeks of downtime. **** that.

    So now I wait for their "announcement". Whether it'll actually happen or not is anyone's guess.


  • Registered Users, Registered Users 2 Posts: 9,138 ✭✭✭Gregor Samsa


    dub45 wrote:
    However tucked away in the Terms and Conditions is this clause:

    Things aren't really "tucked away" in the Terms and Conditions. The T&Cs are the basis of your contract. It's the definitive document regarding the product or service and should be regarded as required reading - I don't see how something can be tucked away in something you need to read. Advertising is just the fluff to make you investigate further - reading the T&Cs is that investigation.

    I know in the real world people often neglect to properly read the Terms and Conditions, but there's no excuse for that.

    As for the substance of the Terms and Conditions, you're dead right. Holding the line and taking 40 euro is excessive. The out of contract cancellation fee is ridiculous.

    But there's nothing illegal or immoral about asking people to wilfully sign up to the excessive or the ridiculous if they've got access to the information beforehand. It's up to the prospective customer to decide for themselves if these are terms they can subscribe to. That's why people need to stop taking advertising at face value and get into the habit of carefully reading the T&Cs before they sign up for anything.


  • Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭dub45


    phutyle wrote:
    Things aren't really "tucked away" in the Terms and Conditions. The T&Cs are the basis of your contract. It's the definitive document regarding the product or service and should be regarded as required reading - I don't see how something can be tucked away in something you need to read. Advertising is just the fluff to make you investigate further - reading the T&Cs is that investigation.

    I know in the real world people often neglect to properly read the Terms and Conditions, but there's no excuse for that.

    As for the substance of the Terms and Conditions, you're dead right. Holding the line and taking 40 euro is excessive. The out of contract cancellation fee is ridiculous.

    But there's nothing illegal or immoral about asking people to wilfully sign up to the excessive or the ridiculous if they've got access to the information beforehand. It's up to the prospective customer to decide for themselves if these are terms they can subscribe to. That's why people need to stop taking advertising at face value and get into the habit of carefully reading the T&Cs before they sign up for anything.

    While I agree with you that people should read the Terms and Conditions in this case I think it is right to use the term 'tucked away' because there is no indication whatsoever in the advertising that the 29.99 does not give you ownership of the modem. Normally when there is some qualification around such an offer there is a reference in the advertising to it no matter how small the asterisk and the writing may be.:rolleyes:


  • Moderators, Technology & Internet Moderators Posts: 12,450 Mod ✭✭✭✭dub45


    Stephen wrote:
    That's what i mean, if you've had a 12 month or whatever contract and completed it, you don't pay any cancellation fee. If you go out tomorrow and order some utv broadband product, you are bound to no minimum contract but are susceptible to the cancellation fee.

    ........................

    It would seem there is a cancellation fee no matter how long you spend with them:rolleyes:
    CANCELLATION TERMS:
    The cancellation charge of your broadband service in the first six months will cost €59.99, otherwise it will cost €29.99 thereafter
    .


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