If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)

Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Notice of cancellation of service contract

backboiler · 2012-09-04 12:08:46

I've been a customer of a service provider for a long period of time and so have no outstanding minimum service periods applying. Recently the company changed its terms such that I wish to end the contract, as I am entitled to do. The following are extracts from the contract, with the company's website address removed. The…

04-09-2012 12:08pm

#1

backboiler

Registered Users, Registered Users 2 Posts: 368 ✭✭

Join Date: January 2006

Posts: 337

I've been a customer of a service provider for a long period of time and so have no outstanding minimum service periods applying. Recently the company changed its terms such that I wish to end the contract, as I am entitled to do. The following are extracts from the contract, with the company's website address removed.

12. Cancellation Rights
You may cancel the Services at any time, and the minimum period
obligations contained in Paragraph 3 will not apply, in the following
circumstances:
(i) if we change the Terms and Conditions as per Section 16 you may
terminate this Agreement in accordance with that section;

16. Changing the Terms and Conditions
We retain the right to amend, modify or substitute these Terms and
Conditions at any time and we will notify you in writing 30 days in
advance of doing so. Any such modification, amendment or
substitution shall also be posted on our website at XXXXXXX. You
have the right to withdraw from this Agreement without penalty if you
do not accept the modification, amendment or substitution. If you do
not object to the modification, amendment or substitution by giving
notice to us within 30 days, the new Terms and Conditions shall then
become applicable to you.

The company's letter informing me of the upcoming changes was dated 21 days (not 30) before the date of entering into effect of the new terms. I actually received it a week later, so got approx. 14 days' notice of the change. (This type of pre-dating also occurs with the company's bills).
I sent notice of cancellation via registered post 11 days before the entering into force of the changes. This letter was delivered 3 days later, so I gave effectively 8 days' notice to the company. My letter indicated that I did not accept the new terms and so signalled my intention to end the contract as of the date of entering into effect of the new terms.

As detailed above, I had no opportunity to give 30 days' notice to the company, to what date am I liable for charges? Am I entitled to terminate as of the date of entering into force of the new terms?

The contract seems to say that I must write to them within 30 days to object to the modification (which I've done) but isn't explicit on what date I can cease paying for the service. At least it's not clear to me...

0