Cancelling eircom FlatRate - they back charge per minute rates

daymobrew

I am looking to cancel my eircom flatrate dial-up subscription.
My last bill was August 5th, with my next one due October 5th.

According to eircom, if I cancel now I will be charged per minute charges for my internet calls between August 5th and the date I cancel.
This can't be legal. I've left a message with ComReg to ask their advice.

I don't want to pay another 30 euro (for Sept 5-Oct 5) to eircom.
IIRC the 'managed' to charge me pro-rata when I signed up mid-billing cycle. Surely they can do the same for cancellations.

I tried to read their terms and conditions on eircom.net but it blocks non-Irish access (my work internet traffic goes via UK).

Any one any advice? What leg do I stand on?

sceptre

Here you go Damien. Pointless posting /all/ the T&C so here's the relevant bit:

9. TERM AND TERMINATION
9.1 The Agreement shall be deemed to have commenced when the Customer:
(a) signs-up for the Service on the eircom net Auto-registration system, which can be accessed either through an eircom net CD or on-line at www.eircom.net, or uses the Service or, uses the Service when any "opt out" period that may apply has expired;
(b) and it shall remain in full force and effect until terminated
9.2.1 This Agreement may be terminated by eircom net in the event of:
(a) the Customer being in arrears for a period of twenty one (21) days after any payment to be made hereunder has become due; or
(b) the Customer committing a breach of any of the terms of this Agreement or eircom net's Acceptable Usage Policy.
(c) the Customer's Telephone Service Provider being unwilling or unable to bill the Customer for Flat Rate Services on bills issued by it for telephone services. This includes, inter alia, any instance where the Customer's Telephone Service Provider terminates or changes the Customer's account number used for billing purposes. Customers whose account number has changed may re-apply to avail of a Flat Rate Service.
9.2.2 eircom net reserves the right to terminate this Agreement if:
(a) any Information provided by the Customer to allow provision of the Services to the Customer is untrue, inaccurate, out-of-date or incomplete. This includes information required by eircom net for use of its Customer Contact Policy. The Customer must inform eircom net if any of this information changes;
(b) obliged to do so by an order, instruction or request by a Government or Regulatory body, emergency service organisation or any other competent body with whose order or instruction eircom net is obliged to comply.
(c) a Customers uses the Services to create, host or transmit offensive or obscene material, or engage in activities, which would cause offence to others on the grounds of race, creed or sex
(d) a Customer uses the service in a way that in the reasonable opinion of eircom net causes or is likely to cause annoyance to others.
9.3 On termination of this agreement for Flat Rate Services, the Customer will be charged eircom net Free per-second rates for all calls made to the Flat Rate Service from the end of the last Billing Period to the date of cancellation of the Service.
9.4 This Agreement may be terminated by Customers by serving thirty (30) days prior notice in writing to eircom net of the intention to terminate. eircom net Free Customers may terminate their service by discontinuing use. Customers are liable for all call charges up to the date of termination. Customers who terminate prior to the end of an eircom net Subscription billing cycle are liable for all charges up to the end of that billing cycle.
9.5 If any charge payable under this Agreement and directly billed by eircom net is in arrears for 21 days after the date on which it is due, eircom net without prejudice to any other rights or remedy may charge interest upon such sum at a rate equal to the 'A' rate for overdrafts charged for the time being by Allied Irish Banks calculated from the due date until the date of payment
9.6 eircom net's Subscription Service and Flat Rate Customers shall remain liable to pay all Charges incurred for the Service up to the date of termination of the notice referred to in clause 9.5.
9.7 If a Customer wishes to terminate a Service other than eircom net Free, eircom net reserves the right to require written confirmation, in the form of a letter, fax or email from the Customer. If the Customer is a business, it must provide written confirmation of termination on company or business headed paper signed by an authorised individual.
9.8 If a Customer is offered an "opt out period" by eircom net during registration, the Customer must revert within seven days of the Service confirmation being sent, in the manner required, in order to cancel the Service.

Now it stinks and as far as I'm concerned it's dodgy to the point of dishonest. What should happen of course, even if they insist on billing per-minute since the last period-end, is one of two things: being able to cancel in advance ("from next Tuesday gov") and not getting charged for that period or being able to cancel on day one of the new billing period, not having used the service in that billing period and getting a rebate on the amount paid in advance for that period. As it is, it's a final "**** you and **** off too" from the provider.