Exceeding Digiweb DSL cap, service stopped

MiniMetro

I have the Digiweb 2mb DSL with a 20 GB traffic allowance. Connection went down to a snails pace two days ago.

Rang up today to be told that account was restricted for going nearly double over traffic allowance. I asked him was that for this month, he said no, it was for a 30-day period.I always presumed that it would be done on a calendar month basis as nowhere do they mention the "30-day" rule and you pay on a calendar month basis.

It doesn't mention this anywhere on the website and they don't even mention the traffic cap in the terms and conditions. Also, there is no facility for checking your usage online if you are using DSL, I mentioned this to the guy and he said yeah the engineers were working on such an application. He suggested that if I thought I was getting near the limit I should ring up to check my usage!!

He said the restriction is reviewed every friday but seeing as the bulk of my downloading would have been done in the last few days of last month, i presume I won't get broadband back for at least 1 1/2 weeks if not 2 1/2 weeks.

Am I wrong in thinking this is a bit unfair due to the lack of information they make available to you regarding the traffic allowance.

cgarvey

You're not wrong in thinking it's a bit unfair, no. That is assuming you've had no warning from them already, etc.

Was there any reasoning with the guy? Like "Sorry, I thought it was every cal month, i'll keep the 30 day rule in mind, can you reset it please?".

.cg

MiniMetro

update: The guy in support claimed an email was sent explaining the issue and our over usage. The account is in my mothers name and she just checked her email, surprise surprise, no email received.

I'm going to wait until friday to see if the service comes back, if it doesn't then a stink will be kicked up.

With regards to reasoning with the guy, he kept just agreeing with me that it was a bit unfair and saying "hopefully it'll be back on friday"

cgarvey

Sounds like he was just trying to fob you off.. give it 'til Friday and ring them up again.. don't lose the rag, just be firm but reasonable.

dub45

It is disappointing that Digiweb do not make it very clear how people will be treated who exceed the cap - particularly if they have a rolling month system which customers are unaware of:rolleyes:

It was also extremely disappointing to read in the terms and conditions that at the end of the 12 month period (which now is seeming increasingly antiquated?) the contract is automatically renewed for another 12 months? - this paragraph also states that the contract can be cancelled at 30 days notice by the customer after the initial term - but if the latter is the case why automatically renew it for 12 months?

ricey

Download caps SUCK end of.

Foxwood

dub45 wrote:

It was also extremely disappointing to read in the terms and conditions that at the end of the 12 month period (which now is seeming increasingly antiquated?) the contract is automatically renewed for another 12 months? - this paragraph also states that the contract can be cancelled at 30 days notice by the customer after the initial term - but if the latter is the case why automatically renew it for 12 months?

That's standard - I'm pretty sure that the eircom and BT contracts that I've seen said the same thing. It doesn't mean that you can only cancel once a year. It means that legally, they don't have to offer you any new lower prices or higher speeds during that term, but that just CYA stuff - they don't kep new stuff for new customers, because it costs them more in pissed off customers than it's worth.

dub45

No its not standard - most companies particularly Eircom resellers now have 6 month contracts with simple rolling month contracts once the initial term ends. The only other company I have noticed renewing a contract for a year is Clearwire.

Foxwood

dub45 wrote:

No its not standard - most companies particularly Eircom resellers now have 6 month contracts with simple rolling month contracts once the initial term ends. The only other company I have noticed renewing a contract for a year is Clearwire.

From eircom broadband standard terms & conditions

3.1 This Agreement shall commence on the Ready for Service
date and shall be for the Initial Period. Provided that this
Agreement has not been terminated in accordance with
its terms or in accordance with the Regulations, this
Agreement shall thereafter automatically renew for
successive six-month periods. For the purposes of this
clause 3, a six-month period will be calculated from the
anniversary of the RFS date.

That sound like an "automatic renewal for the full term" to me. BT's contract appears to be in force until it is cancelled - there is no "initial period", there's just a minimum period. (Which can be 6 or 12 months, according to one of the FAQs, but I doubt that any 12 monthes are still within their "minimum period" any more).

GregusManus

heres some info from a thread posted not so long ago:
http://www.boards.ie/vbulletin/showthread.php?t=2054954645

Moriarty

I recieved an email explaining the rolling cap when they first introduced it a couple of months back. So it was sent out to at least some customers, they guy wasn't trying to fob you off.

ghostdancer

dub45 wrote:

It was also extremely disappointing to read in the terms and conditions that at the end of the 12 month period (which now is seeming increasingly antiquated?) the contract is automatically renewed for another 12 months? - this paragraph also states that the contract can be cancelled at 30 days notice by the customer after the initial term - but if the latter is the case why automatically renew it for 12 months?

digiweb dsl products apart from the entry level "Lite" prodcut have 6month contracts and rolling 1 month contracts after that.

dub45

ghostdancer wrote:

digiweb dsl products apart from the entry level "Lite" prodcut have 6month contracts and rolling 1 month contracts after that.

Not according to their website.
http://www.digiweb.ie/athome_broadband_dsl_terms.asp?i=1&i2=4&i6=8

ghostdancer

the pdf on that page was last revised in March 2004. it isn't valid for the current packages.
the T+C's when people sign up, aswell as on the main page in both a big graphic, and text on the page, state that it's a 6month contract.


http://www.digiweb.ie/athome_broadband_dsl_index.asp?i=1&i2=4&i6=34

"Short 6 month contract applies to regular services, LITE service is 12 month contract."

the T+C's that came with my 3mb dsl service also state explicitly that it's a 6 month contract.

dub45

Well they should get their act together then and sort out their site no?:rolleyes:

The pdf is linked to from their main page as being the terms and conditions for their dsl products.

http://www.digiweb.ie/athome_broadband_dsl_index.asp?i=1&i2=4&i6=34

ghostdancer

well it isn't.

dub45

ghostdancer wrote:

well it isn't.

ok well lets put it this way then! their main Dsl page is here:

http://www.digiweb.ie/athome_broadband_dsl_index.asp?i=1&i2=4&i6=34

If a potential customer clicks on the link for Terms and Conditions under DSL Broadband on the left hand side of the page it leads to this:

http://www.digiweb.ie/athome_broadband_dsl_terms.asp?i=1&i2=4&i6=8

ghostdancer

yeah, and anyone with an ounce of sense will see the big 6month contract graphic, and if they bother readingg the T+C's, will see that they're clearly old ones, and if they've any queries will contact diiweb and find out that it is indeed a 6month contract.

dub45

ghostdancer wrote:

yeah, and anyone with an ounce of sense will see the big 6month contract graphic, and if they bother readingg the T+C's, will see that they're clearly old ones, and if they've any queries will contact diiweb and find out that it is indeed a 6month contract.

there are none so blind as those that will not see!!! You claimed that Digiwebs main dsl page did not link to those T&C's and I have pointed out to you that they do - it is as simple as that!!

It is up to Digiweb not to have conflicting terms and conditions on their site - that would be as much in Digiweb's interest as the customers'. Any prospetive customer of any isp should be able to access the relevant terms and conditions on the site - it should not be necesessary to waste time ringing up to find out what exactly is going on.
That's hardly too much to ask is it?

ghostdancer

dub45 wrote:

there are none so blind as those that will not see!!! You claimed that Digiwebs main dsl page did not link to those T&C's and I have pointed out to you that they do - it is as simple as that!!

no, i never stated that. what i presume you're mixing it up with is me saying "it isn't" with regards to those T+C's being current for their dsl products.

dub45 wrote:

It is up to Digiweb not to have conflicting terms and conditions on their site - that would be as much in Digiweb's interest as the customers'. Any prospetive customer of any isp should be able to access the relevant terms and conditions on the site - it should not be necesessary to waste time ringing up to find out what exactly is going on.
That's hardly too much to ask is it?

nope, it's still a 6 month contract though, as anyone with an ounce of cop on would realise if they wanted to sign up.

OFDM

Is there any software that can monitor a rolling cap (ie tell you how much you've downloaded/uploaded in the previous 30 days as opposed to how much this month)??

DU Meter can't handle it...

Tazzer

OFDM wrote:

Is there any software that can monitor a rolling cap (ie tell you how much you've downloaded/uploaded in the previous 30 days as opposed to how much this month)??

DU Meter can't handle it...

I dont know of any software that will monitor a rolling cap- but can you not use DU meters daily function and export the days?.

OFDM

Tazzer wrote:

but can you not use DU meters daily function and export the days?.

That does the trick alright. Nice one

kc66

OP- Your píssed off cos you used more than they allow you to? I received an email telling me Im approaching my limit and I know other people who received them.
I also received an email explaining the 30 day rolling period which is fair enough.

It doesn't mention this anywhere on the website and they don't even mention the traffic cap in the terms and conditions.

Your traffic limit is clearly stated and you breached that.

ghostdancer

kc66 wrote:

OP- Your píssed off cos you used more than they allow you to? I received an email telling me Im approaching my limit and I know other people who received them.
I also received an email explaining the 30 day rolling period which is fair enough.

Your traffic limit is clearly stated and you breached that.

i'm a digiweb customer too, i never got an email explaining the 30day rolling period, nor an email telling me that i've ever been apporaching my cap.

the only email i've ever gotten from digiweb apart from invoices was to tell me that i'd been restricted because i'd apparently used 144gb in the previous 30 days, which i know for a fact to be completely untrue. i've download monitor installed and i'd gotten no-where near that, aswell as the fact i'd started a new job and had barely been using the net much. ot restricted to an apparent 64kbps, despite the fact that most pages wouldn't load, and the ones that did load loaded twice as quick when i switched to dial-up. the tech support guy just said, "well it says you've used 144gb and our system is accurate so you're gonna be restricted, dunno when you'll be unrestricted, we don't have breakdowns of usage per day.."
had someone i know in digiweb look into it, and turns out after a week of being restricted for allegedly using 144gb, i'd barely hit the 40gb, and had been well knocked back under in the days after being restricted. if i hadn't got the person i know to check it up, and unrestrict me themselves, i'd prob still be sitting here waiting for this phantom 144gb to be knocked off the rolling period....