breaking phone contract for smart BB

jimmycrackcorm

With the new I'm tempted to move from NTL - which although is fabulous, costs €50 on top of the phone line rental. However I signed over to UTV talk for calls a few months back and that means being tied into a 12 month contract.

However as UTV have not yet delivered single billing, I feel that I would be justified in breaking the contract.

Ironically we used to have smart for calls but herself compained about getting two bills and I moved us back to Eircom.

Any thoughts on breaking the contract on the basis that what was promised stil hasn't been delivered?

LegacyUser

Don't worry about it. Getting out of contracts are so easy these days.

jimmycrackcorm

perhaps I should start reading contracts I agree to...

from UTV T&C
"6.5 Save as provided for elsewhere in this Agreement, this Agreement is terminable by either party upon giving to the other at least fourteen days written notice. "

Smarts T&C is interesting - according to it , it is possible to get out of the 12 month contract. The question is what would a termination fee be?


2. COMMENCEMENT & TERM
2.1. This Agreement shall commence on the date the Services and Equipment are provided by Smart Telecom to the Customer (the "Commencement Date") and shall be for the Initial Minimum Period.


14. TERMINATION FOLLOWING COMMENCEMENT
14.1. Subject to the Consumer's right of cancellation under Clause 6.2, and subject to the following clauses 14.2 and 14.3, this Agreement is terminable by either party giving the other not less than 30 working days written notice.
14.2. If the Agreement, and consequently the Services, or any of them, is terminated by the Customer within the Initial Minimum Period, Smart Telecom may, without prejudice to its right to treat such termination as a breach of the Agreement, agree to accept such termination provided thirty (30) working days prior notice has been received and all charges that remain to be paid for the remainder of the Initial Minimum Period are discharged in full. Smart Telecom also reserves the right to charge an additional termination fee for early termination of the Services.
14.3. In the event of a material breach of this Agreement, which, being capable of remedy is not remedied within 14 working days of notice of the breach, either party may be entitled to terminate the Agreement immediately on 7 working days prior written notice to the other party.

CONSUMER RIGHT OF CANCELLATION AFTER COMMENCEMENT

6.2. Subject to Clause 6.3, a Consumer may cancel the Agreement for any reason whatsoever at any time after Commencement up to a maximum period of seven (7) working days thereafter ("withdrawal period"), on prior written notice to Smart, without any charge or penalty, save the cost of the return of the Equipment to Smart Telecom.

dub45

jimmycrackcorm wrote:

With the new I'm tempted to move from NTL - which although is fabulous, costs €50 on top of the phone line rental. However I signed over to UTV talk for calls a few months back and that means being tied into a 12 month contract.

However as UTV have not yet delivered single billing, I feel that I would be justified in breaking the contract.

Ironically we used to have smart for calls but herself compained about getting two bills and I moved us back to Eircom.

Any thoughts on breaking the contract on the basis that what was promised stil hasn't been delivered?

I would make sure that Smart are in a postion to deliver before breaking any contract. Schedules always slip. You are slightly unusual in that you wll be switching your BB from Ntl but as far as I can see Smart have given absolutely no thought in advance of their launch to the question of coordinating the switching of customers and yet it is going to be one of the key issues for them to get right.

There's nothing to stop you registering for Smart - as far as I can see any contractual aspects come later. The only reservation I have about this part is the completion of a direct debit form so early in the process and the thoughts of thousands of them lying around in the inevitable chaos that a major launch is.

loup

What ARE the penalties for breaking a 12 month contract? Has anyone done this???

bennyx_o

loup wrote:

What ARE the penalties for breaking a 12 month contract? Has anyone done this???

You normally pay for every month of the contract you havn't completed.