Clicksilver Contract..A Way Out?

kin9pin

I'm getting more and more annoyed with clicksilver pings and download speeds. So I've been trying to work out a way to get out of the contract and sign up with someone else.
One of the conditions of Clicksilver is that you must have your phone calls switched to UTV. However, by law you can switch your phone service whenever you want.

Now what I'm thinking is this: If I switch my voice calls back to Eircom, but don't actually cancel the clicksilver subscription, UTV would be forced to either let me use clicksilver and stick with eircom for voice, or to cancel my clicksilver account. If they cancel my clicksilver account then I would technically be immune to any penalty as I didn't cancel it!
I know it's a long shot, but let me know if it's workable.

Stephen

I can't remember what was in the clicksilver contract but I bet it has some kind of clause requiring you to stay with UTV for phone calls for the duration too.

Ripwave

Originally posted by kin9pin
Now what I'm thinking is this: If I switch my voice calls back to Eircom, but don't actually cancel the clicksilver subscription,

You would be in breach of your contract with UTV, and they would be entitled to impose the cancellation fee that you are trying to avoid.

dub45

Originally posted by kin9pin
I'm getting more and more annoyed with clicksilver pings and download speeds. So I've been trying to work out a way to get out of the contract and sign up with someone else.
One of the conditions of Clicksilver is that you must have your phone calls switched to UTV. However, by law you can switch your phone service whenever you want.

Remember nobody forced you to sign up with Clicksilver - you chose to do so - and as part of signing up you accepted the telephony part of it so if you now go back to Eircom you will be in breach of your contract it is as simple as that.

If you want out of the contract then you would be better of pursuing your grievances directly with UTV and see how far that gets you.

hairball

I'll be pursuing it today
I'll let you know how I get on

kin9pin

Originally posted by dub45
Remember nobody forced you to sign up with Clicksilver - you chose to do so - and as part of signing up you accepted the telephony part of it so if you now go back to Eircom you will be in breach of your contract it is as simple as that.

If you want out of the contract then you would be better of pursuing your grievances directly with UTV and see how far that gets you.

Thanks for your comments dub45, but I know I wasn't forced to sign up. I'm just looking for a way to get out as I don't think I'm receiving the service I'm paying for. Don't forget the product name is Clicksilver Broadband and we're receiving Mediumband more often then not. On http://u.tv/utvclicksilver/ it also says "avail of our supremely fast, 24/7 always-on connection" which it's quite clearly not!! Maybe there's a case for mis-advertising?

dub45

Originally posted by kin9pin
Thanks for your comments dub45, but I know I wasn't forced to sign up. I'm just looking for a way to get out as I don't think I'm receiving the service I'm paying for. Don't forget the product name is Clicksilver Broadband and we're receiving Mediumband more often then not. On http://u.tv/utvclicksilver/ it also says "avail of our supremely fast, 24/7 always-on connection" which it's quite clearly not!! Maybe there's a case for mis-advertising?

Sorry if that sounded smart it wasnt meant to - what I meant was that you signed up and accepted the telephony part so that would invalidate any claim that you could not choose your telephone provider. Going that route would also I think invalidate any legitimate grievance that you have in relation to the poor service thats making you consider leaving. Believe me I have quoted all those points you make about speed etc in the newsgroup almost from day one of Clicksilver:dunno:

Have you asked to be released from your contract yet? The trouble with being released is that you then face up to four to six weeks without any broadband:mad:

kin9pin

Originally posted by dub45
Have you asked to be released from your contract yet? The trouble with being released is that you then face up to four to six weeks without any broadband:mad:

4 to 6 weeks? Nooooooooooooooooooooooooo :mad: :mad: :mad: why so long? do you have to wait to be released before applying somewhere else?

dub45

Originally posted by kin9pin
4 to 6 weeks? Nooooooooooooooooooooooooo :mad: :mad: :mad: why so long? do you have to wait to be released before applying somewhere else?

Yes as far as I know from reading posts on here you have to be formally disconnected for which there is a charge if you resign before your 12 month contract is up (this is an Eircom charge) and then you have to start the process all over again with your new isp.

Páid

I'm also a Clicksilver user and although a little put out about the recent drop in quality of service, I'll stick with them. In the past they were the company that everyone here heralded for moving things forward. I don't have any reason to believe that they don't want to fix the problem, in fact I'm sure they want things to return to normal as fast as possible.

I don't think there is a way out of your predicament though, unless there is something in law to do with expected usage. e.g. after becoming accustomed to good quality service you don't expect it to drop after agreeing to a new 12 month contract.

Just read this from their Terms of Service.

4. UTV INTERNET'S OBLIGATIONS
4.1 In consideration of the Charges, UTV Internet shall provide the Service in accordance with the terms and conditions of this Agreement. You acknowledge that UTV Internet's provision of the Service and its ability to provide the Service is dependent upon other telecoms providers and its ability to provide certain parts of the Service to UTV Internet. You acknowledge that there may be technical limitations that inhibit the activation or provision of the Service. UTV Internet agrees to notify other telecoms providers of any issues concerning the Service that you bring to UTV Internet's attention, but we cannot guarantee rectification of these issues by other telecoms providers.
4.2 UTV Internet does not accept any responsibility for any defects or errors in either the Service or the Modem.
4.3 You acknowledge that UTV Internet cannot warrant that the Service will be interruption free or that the transmission of information through the Service will be secure. The Service may be suspended for operational reasons (such as maintenance or Service upgrades) or because of an emergency. Before suspending or interrupting the Service (as aforesaid) UTV Internet shall use reasonable endeavours to give you as much notice as possible.
4.4 You acknowledge that it is technically impracticable to provide the Service free from errors and/or faults and UTV Internet does not undertake to do so. UTV Internet shall provide a Helpdesk Facility to enable faults to be reported and resolved but does not warrant that all faults will be corrected.
4.5 The obligations of UTV Internet to provide the Service shall be conditional upon the Technical Requirements being satisfied. You acknowledge that the Service shall not be available to you outside the Service Availability Area and that:
(a) it will only be available to you if you have a valid contract for the use of a Eircom analogue direct exchange line which terminates on a master socket forming part of Eircom's (or other authorised operator’s) telecommunications network;
(b) you have a PC that satisfies the Technical Requirements; and
(c) your Premises falls within the Service Availability Area.
4.6 Except as may be expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
4.7 You acknowledge that, due to contention on both the network of Eircom or other authorised operator and UTV Internet's access link, the speed of the Service may be reduced or may not be available at times.

Páid

Sorry to have to post again but I've just been speaking with UTV and they consider the matter closed since the maintainence was carried out last week (I think).

If you are still experiencing problems, report it to their staff on the lo-call number - 1890926111 and they will take it to their Cheif Technical Officer if enough people are experiencing the same problem.

jonski

Originally posted by Páid
Sorry to have to post again but I've just been speaking with UTV and they consider the matter closed since the maintainence was carried out last week (I think).

If you are still experiencing problems, report it to their staff on the lo-call number - 1890926111 and they will take it to their Cheif Technical Officer if enough people are experiencing the same problem.

Just spoke to a guy there and he said mine was only the second call logged , and quoted the same as he did to Paid .

dub45

As far as I can see the Terms and Conditions really cover UTV for everything (I am sure all the other ISP's are exactly the same) and no matter how bad the service may be there will be something in the T&C's to cover it. Face it when you sign up for BB you are buying a pig in a poke. There is nothing to cover any minimum level of service.

By the way some people have noted that the Terms & Conditions covering the original Clicksilver sign up have changed.

I think the big disappointment though is that in spite of all the poor service associated with Clicksilver UTV have not made any gesture towards their long suffering customers AFAIK anyways and in fact are the only ISP not to pass on the reduced charges to their customers without requiring them to sign up for another 12 months.

Páid

We're not long suffering customers. Ther service for me has been great until recently and now its cheaper.

dub45

Originally posted by Páid
We're not long suffering customers. Ther service for me has been great until recently and now its cheaper.

You may not be a long suffering customer but I certainly am and the service has not got cheaper for me unless I sign up for another 12 months to a service that not alone shows no sign of improving but shows every sign of continuing to deteriorate both in terms of actual quality of service and support.

Páid

Then put in a call to UTV support about the speed issue.

dub45

Originally posted by Páid
Then put in a call to UTV support about the speed issue.

Have you read any of the posts on here about the support response to the speed issue?

Páid

I have.

Just checked the u.tv speedtest with interesting results (not edited apart from cropping).

dub45

Originally posted by Páid
I have.

Just checked the u.tv speedtest with interesting results (not edited apart from cropping).

With that sort of luck you should definitely buy a lottery ticket! I see that one user in the support group (when it finally started working again!) described tonight as the worst ever for Clicksilver. Certainly for me it was far worse than anything during the pre Easter debacle.

hairball

dub45:
Ihave to agree.......terrible tonight..the guy I spoke to earlier in UTV said I was the only prerson to have called them about this...why do I seriously doubt that statement...as for contract what Happens if I simply stop paying????##

I'm very bloody angry about this at the mo'....not necessarily at UTV.....but at the apparent lack of problem solving ability available to them

Mork

Only way I can get out of my contract (I am lucky) is that I can transfer it across to my housemate as I am moving to Belfast and sign up with BT or similar.

I might be without broadband for a few weeks, but the pings/****e speeds that we are paying for and that are "supposed" to be fixed now are still on going, so I don't see much difference becuase the service we have been provided is unusable.

I know UTV are trying to fix the problem, but I think we the paying customers expect a broken service to be fixed in a "reasonable" time scale. That has not happened, what we are seeing here is "Fire Brigade management" running from one crisis to another. I used to be just disappointed with the Clicksilver service but know I am all out of patience and am just MAD. :mad: Waaa!!!! UTV GET ME OUTTA HERE I CANT TAKE IT ANYMORE!

-Mork

ken90

I dont use UTV, so this is only a suggestion.

Do you pay by Creditcard?
If so the CC company are equally liable for the quality of the goods received?

Just a sug.

dub45

Originally posted by Mork
Only way I can get out of my contract (I am lucky) is that I can transfer it across to my housemate.......


-Mork

What did your housemate do on you?

Ripwave

Originally posted by dub45
I think the big disappointment though is that in spite of all the poor service associated with Clicksilver UTV have not made any gesture towards their long suffering customers AFAIK anyways and in fact are the only ISP not to pass on the reduced charges to their customers without requiring them to sign up for another 12 months.

Yeah, next time they should charge €10 more per month, like everyone else does, and use this money to "compensate" their long suffering whing^h^h^h^h customers.

dub45

Originally posted by Ripwave
Yeah, next time they should charge €10 more per month, like everyone else does, and use this money to "compensate" their long suffering whing^h^h^h^h customers.

What an absolutely pointless post from a whingeing non Clicksilver customer too!

If UTV provided a proper service there would be no threads like this its as simple as that.:rolleyes:

iano

What do you expect from "Ripwave"?
Hardly his/her first such post.

Ripwave

Originally posted by dub45
What an absolutely pointless post from a whingeing non Clicksilver customer too!

Are pointless posts from non-Clicksilver customers any better or worse than pointless posts from Clicksilver whingers?

We already know that you'd prefer that everyone else pay two or three euro a month more, just so that you wouldn't have to sign up for a new 12 month contract.

How much more do you want everyone else to pay so that you can get "compensation"?

jonski

I just want to play games , plz let me play games , I need to get in touch with my inner child . but he keeps timing out , laggy git .

kin9pin

Jonski: utv giving u trouble tonight?

I've been downloading a file from irishbroadband every 15 mins since 8pm and it look ok:
Time File Size ms speed
14/04/2004 19:55:13, 189594, 3422, 443.25
14/04/2004 20:10:11, 189594, 3641, 416.62
14/04/2004 20:25:13, 189594, 3453, 439.24
14/04/2004 20:40:15, 189594, 3563, 425.75
14/04/2004 20:55:16, 189594, 3875, 391.42

pinging utvinternet.com around 40, pinging boards at 180 though ?????

Although maybe it's a problem with the boards, also been downloading a file from [url]www.boards.ie:[/url]

14/04/2004 19:32:16, 138601, 2563, 432.71
14/04/2004 19:40:09, 138601, 2641, 419.9
14/04/2004 19:55:10, 138601, 2500, 443.52
14/04/2004 20:10:08, 138601, 2516, 440.77
14/04/2004 20:25:10, 138601, 2656, 417.43
14/04/2004 20:40:10, 138601, 3734, 296.92
14/04/2004 20:55:13, 138601, 2781, 398.67
14/04/2004 21:10:17, 138601, 4281, 258.99

jonski

Its killing me atm , pings gone into the 200+ , only went bad in the last 20/30 minutes or so .

John.

Zion

ping is just terrible right now...impossible to play any online game :mad:

can't wait to get the bloody contract finish with UTV