New UTV terms and conditions - seems like only option to opt out is cancel by Nov 10

(While these T&Cs refer to telephone as well as broadband services, I'm posting here because I believe this is the most read Nets & Comms forum. Mods, if you disagree, feel free to move this thread)

On October 31st, UTV notified their customers of new terms and conditions that will come into effect on December 1st. The terms can be found here...

Standard Terms
http://www.utvinternet.com/pdfs/ROI_TCs_Dec_2011.pdf

Broadband Terms
http://www.utvinternet.com/pdfs/ROI_UTV_BB_Service_Terms_Dec_2011.pdf

UTV Talk (telephone service) Terms
http://www.utvinternet.com/pdfs/ROI_UTVTalk_Service_Terms_Dec_2011.pdf


Some of the terms are interesting. For example, in reference to acceptance of the new terms and conditions (from the Standard Terms document)

Under Regulation 14 of the European Communities (electronic communications networks and services) (Universal Service and Users’ rights) Regulations 2011 an operator shall, not less than one month prior to the date of implementation of any proposed modification, notify its subscribers to that service of the proposed modification in the conditions of the contract for that service, and their right to withdraw without penalty from such contract if they do not accept the modification. If we do not hear from you within 10 days of the notification, we will assume you accept the amendments and are happy to continue as a customer of UTV Internet.

I would be interested to hear opinions on whether this permits customers to leave UTV between now and Nov 10th without the usual one month notice, or the 30 euro broadband cancellation fee that has been included in many of the previous T&Cs.

There is no mention of this cancellation fee anywhere in the new terms. In relation to cancellation of broadband service (outside of the minimum term - i.e. the 12/24 month contract period from start of service or an upgrade/downgrade), the Standard Terms state the following

If you have completed your minimum term, as outlined earlier in this document, you may leave, without penalty if you are porting and not ceasing your service. You are not required to notify UTV Internet of your intention to leave, although we respectfully request that you do contact us. We will act upon the standard industry process of pending loss and completed loss notifications from our wholesale Supplier to close your account and cease billing. Please note you are liable for any call charges up to the point when your calls transfer to another supplier, or your line is cancelled.

The Broadband Terms clarify the situation where one is not porting (which I assume to mean switching to another ADSL provider on the same line, as opposed to number porting).

When you end your broadband service and do not port your service to another service provider you will have to pay a cease charge of €18.15. You will not have to pay this charge in the event you are moving home and we are unable to provide the service at the new Irish address.

I'm not familiar with this charge, but I haven't kept up to date with recent terms and conditions from UTV and other ADSL providers. Is this a new charge?

Also, note that in the second quote above, on cancellation of broadband, there is no longer any mention of a notice period required. The only reference to one month's notice is in the Standard Terms and is specific to customers within their minimum term

Within the minimum term, once we have provided the service, you may tell us to stop providing it at any time by giving us one month’s written notice, either by email to admin@u.tv or by letter to the address listed at the beginning of this document.

One other thing I thought was interesting (from the Standard Terms)...don't know if it's new or not

18. If we provide you with a phone number, you agree to the following:
...
b. That you do not own the phone number and that you will not transfer it to anyone else or try to do so.

I take it this means you are not allowed to keep this number if you switch to Eircom or other providers.