Service Provider Contracts

godtabh

Most services providers tie you to a contract for providing a service.

If your bill pay for a mobile generally they tie you into to a 12 month contract at the start.

If you dont sign a contract with them can you leave at any time?

I've a big pay phone but I never signed a contact with them. Is there anything stopping me leaving?

Our man in Havana

It is a very interesting question.

Did you sign up online? They may be able to rely on the S13 of the Electronic Commerce Act, 2000. My partner was in a similar situation where she signed up online for a contract phone. The provider sent out the phone and provided service. A few days later they sent out a written contract to sign and return within 30 days. She never did and they never chased it up. I guess if push came to shove it could be argued that no contract existed.

If it ever came to court it would be up to the provider to prove a contract exists.

godtabh

Bond-007 wrote: »

It is a very interesting question.

Did you sign up online? They may be able to rely on the S13 of the Electronic Commerce Act, 2000. My partner was in a similar situation where she signed up online for a contract phone. The provider sent out the phone and provided service. A few days later they sent out a written contract to sign and return within 30 days. She never did and they never chased it up. I guess if push came to shove it could be argued that no contract existed.

If it ever came to court it would be up to the provider to prove a contract exists.

On it was bought in store. At the time it did strike me as odd that I didnt sign anything.

Can a contract be implied by paying your bill?

Our man in Havana

kearnsr wrote: »

On it was bought in store. At the time it did strike me as odd that I didnt sign anything.

Can a contract be implied by paying your bill?

I had this argument with BT once.They claimed that you accept their T&C's by making a payment. I claimed that no contract existed. I never heard anymore from them.

I reckon they could push the point. Anyone else here got an opinion.

godtabh

It is an interesting one. I've no problem with the the company I'm with now but whats stopping me leaving them tomorrow or when something better comes along?

Our man in Havana

Nothing to stop you leaving as you can port when in a contract. What will happen is that your current provider would send you a final bill for the remaining time in the contract. Thats where things will get interesting.

godtabh

Bond-007 wrote: »

Nothing to stop you leaving as you can port when in a contract. What will happen is that your current provider would send you a final bill for the remaining time in the contract. Thats where things will get interesting.

but there is no contract is there?

Our man in Havana

I should have said alleged contract.

They will naturally allege that one exists. You will dispute it by asking them to prove one exists. They will be unable to produce a contract. That's where the fun will start.

godtabh

Bond-007 wrote: »

I should have said alleged contract.

They will naturally allege that one exists. You will dispute it by asking them to prove one exists. They will be unable to produce a contract. That's where the fun will start.

I see what you mean.

The only thing I got off them was a receipt and there is nothing on that that says anything about a contract or term of service

Rhonda9000

Hmmmm, an implied contract arises from the assumed intention of the parties.

While on the one hand the service provider has no signed piece of paper to strengthen his position, the behaviour such as making use of the service and paying for it militates against your claim that there was no contract.

A contract of adhesion is the standard form of contract which a customer must accept or reject. Since there is no negotiation involved with one of these (from the customers point of view - the supplier can vary it), this is what one would have signed in the ordinary sequence of events relating to the purchase of a contract phone and is what the service provider would rely on.

godtabh

Rhonda9000 wrote: »

Hmmmm, an implied contract arises from the assumed intention of the parties.

While on the one hand the service provider has no signed piece of paper to strengthen his position, the behaviour such as making use of the service and paying for it militates against your claim that there was no contract.

A contract of adhesion is the standard form of contract which a customer must accept or reject. Since there is no negotiation involved with one of these (from the customers point of view - the supplier can vary it), this is what one would have signed in the ordinary sequence of events relating to the purchase of a contract phone and is what the service provider would rely on.

Is it the case that the contract is implied buy you paying for the service but doesnt imply a duration?

as long as i pay whats outstanding before I cancel the service there should be an issue?

miju

heres another interesting take. Can you legally agree to Terms & Conditions inside a boxed product.

Case in point. Irish Broadband asking for €230 for the return of their modem as outlined in their T+Cs inside the box, however you buy your modem for €70ish without mention of these T+Cs

Our man in Havana

kearnsr wrote: »

Is it the case that the contract is implied buy you paying for the service but doesnt imply a duration?

as long as i pay whats outstanding before I cancel the service there should be an issue?

I would see it as a contract of no fixed duration. So you could leave at any time so long as all the bills are paid.

godtabh

Bond-007 wrote: »

I would see it as a contract of no fixed duration. So you could leave at any time so long as all the bills are paid.

Thats the way I look at it as well