I-Stream "contracts"

Tippex

Guys,

I have a query.

I got i-stream installed on the 29th of january.

Now I have read here that you are "tied into a 12 month contract".
my question is how can I be tied into a binding contract?

When I requested i-stream I was given a date for installation and then told to contact eircom.net for username/pasword when the line was installed.

When the installer came he installed the dsl splitter, tested the line and left (no installation forms signed).

I have never been directed to or given a copy of the terms and conditions of the service nor have I signed any paperwork for the service, I was never informed of having to stay for 12 months with the service (I also never asked).

Any thoughts?

Regards,
Tip

LFCFan

if no contract was signed then you are not bound to anything. Also means they could do what they liked and get away with it.

Ardmore

Originally posted by Tippex
I got i-stream installed on the 29th of january.
...
I have never been directed to or given a copy of the terms and conditions of the service nor have I signed any paperwork for the service, I was never informed of having to stay for 12 months with the service (I also never asked).

Have you received a bill yet?

Pimp

I would imagine when you install the software on your pc, there was probably "do you accept the terms and conditions" thing(like most software) clicking it means yes you agree, therfore agreeing to the 12 month contract. I have windows xp which meant i was unable to run their software, and therefore had nothing to accept so its just a guess really.

Anyway i also have istream for about 10 mths now. I phoned today about what will happen when the new residential product comes out, eg can i switch to the lower price. The lady said that the product as of yet has not been agreed with the regulator, plus its a different product to the current i-stream solo i have, she said it was a different speed! Also if i did switch i would have to pay certain "charges". But i also have to phone again in April just to make sure.

The Clown Man

If you were not aware that there was a 12 month contract or you were not made aware at any stage before accepting the service then it is doubtful that eircom can hold you to the 12 month contract.

All you have to do is go into your solicitor, pay him/her loads of money to force eircom to allow you to get out of it free through a longwinded and complicated eircom legal depertment.

Or you could not pay it and when eircom come to get what they have billed you for you can go to your solicitor and pay him/her loads of money to force eircom to admit that you don't owe it through a longwinded and complicated eircom legal depertment.

Or you could try convincing the random eircom biddie you get through to on 1901 that you are not held to a 12 month contract "cause it's the law, missus."

MagicBusDriver

If you do not install the software, Then you have not agreed to the 12 month contract. I believe people have got out of the contract.

Ardmore

Originally posted by MagicBusDriver
If you do not install the software, Then you have not agreed to the 12 month contract. I believe people have got out of the contract.

What software? You don't need to install any software from Eircom to access i-Stream! Any PPPoE software (inlcuding the stuff built-in to XP, afaik) will work.

And even if you did install the PPPoE client from eircom, Eircom wouldn't have any record of it, because you have to accept the agreement before you install the software, i.e. before you're connected. "The contract" is a piece of paper. Paying the bill would probably indicate de-facto acceptance of the contract. Installing software wouldn't.

Eircom don't enforce all of their rights under the contract - they haven't charged people for exceeding the download allowance, they haven't always required people to pay for 6 months outsanding service if they cancel early. In fact, I don't remember seeing any posts from people who have been penalized for early cancellation.

MagicBusDriver

You must accept the terms and conditions of the service which are listed before you install the software. The software is mearly a PPPOE client. Most people will install the eircom software, therefore they are bound to the conditions of service which they must have read to install the software.

Ardmore

Originally posted by MagicBusDriver
You must accept the terms and conditions of the service which are listed before you install the software. The software is mearly a PPPOE client. Most people will install the eircom software, therefore they are bound to the conditions of service which they must have read to install the software.

No, they aren't bound, because eircom have no proof that the sofware was installed, or that anyone clicked a button to indicate the acceptance of the service.

Though frankly it's all moot. I'd have no sympathy for someone who tried to cancel the service after 2 months, and the only anecdotal evidence we have so far is that eircom have been quite reasonable in dealing with people who have had to cancel because they were moving.

The Clown Man

Look, it is nothing to do with installing software or the likes. If he was not aware of this specific, unusual term of contract, whether he signed, stamped or accepted it, it is void.

Doesn't matter what you sign or click as long as you are made aware of any unusual clauses. And to Ireland, a 12 month contract on internet access is unusual and should have been specified to the utmost by eircom.

However, the chances of this making a difference are slim. They will rob you anyway because they are bigger than you.

Tippex

Guys,

I have just received the bill and it is as expected.

The reason i was asking was not that I want to cancel the subscription but as a general question.

Rgrds,
Tip.

De Rebel

Has ANYBODY actually got a copy of one of these contracts/TOCs or whatever they are. I cannot find it on the Ericom website, I have PM'd a lot of regular posters including a few who have i-stream and nobody appears to have a copy.

What exactly is the 12-month lock in, 12 months tied to eircom, 12 months tied to i-stream or 12 months tied to the particular i-strean tiere (e.g. solo) These amount to very different things.

DSLinAbsentia

If you let an €ircon stooge in to install the splitter then I would suspect that there's a legal precedent (intent) to accepting the terms of the service.

In otherwords, they're like vampires - once you invite them into your home, you're theirs and they'll slowly suck the blood out of you.

aliesneo

comreg are forcing eircom to allow ppl to switch to the cheaper package.

De Rebel

Originally posted by aliesneo
comreg are forcing eircom to allow ppl to switch to the cheaper package.

Have you anything to support this?