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Question for UTV Clicksilver users

  • 02-09-2004 6:33pm
    #1
    Registered Users, Registered Users 2 Posts: 14,003 ✭✭✭✭


    Have any of you taken your telephony away fro Esat while keeping utv for your Broadband ?

    I ask because I was under the impression that it was part of my UTV contract to keep my telephony but I have been told that under the laws governing derugulation such a contract is not legally binding.


Comments

  • Closed Accounts Posts: 959 ✭✭✭kin9pin


    As far as I understand there's nothing to stop you moving your telephony to Esat, but......oh what the hell I'll reply in the manner of UTV:

    2.11 In the event that you terminate your telephone account with Eircom or other authorised operator or you change the services on the telephone line on which you currently use the Service, so that the Service is unable to operate normally, your Service will terminate and you will be liable for the Charges during the Minimum Period.
    5.1 You agree to use UTV Internet as your voice telephony provider and agree that your voice calls will be billed directly by UTV Internet.
    13.9 In the event that you terminate the public switched telephone line or the contract therefor in respect of your voice services, then the Service connected to the line will also be terminated simultaneously.
    13.10 In the event that you no longer use UTV Internet to deliver your voice service, UTV Internet may, at their sole discretion, suspend the internet service until the voice service is returned to UTV Internet or charge an administration fee.


  • Registered Users, Registered Users 2 Posts: 14,003 ✭✭✭✭The Muppet


    kin9pin wrote:
    As far as I understand there's nothing to stop you moving your telephony to Esat, but......oh what the hell I'll reply in the manner of UTV:

    2.11 In the event that you terminate your telephone account with Eircom or other authorised operator or you change the services on the telephone line on which you currently use the Service, so that the Service is unable to operate normally, your Service will terminate and you will be liable for the Charges during the Minimum Period.
    5.1 You agree to use UTV Internet as your voice telephony provider and agree that your voice calls will be billed directly by UTV Internet.
    13.9 In the event that you terminate the public switched telephone line or the contract therefor in respect of your voice services, then the Service connected to the line will also be terminated simultaneously.
    13.10 In the event that you no longer use UTV Internet to deliver your voice service, UTV Internet may, at their sole discretion, suspend the internet service until the voice service is returned to UTV Internet or charge an administration fee.

    Section 211 doesn't apply as there would be no changes made to my line and it line still be operational and so not in breach of section 2.11.

    Section 5.1 13.9 and 13.10 are vague and I wonder can they legally enforce it. They may find it difficult to do so as legally a customer who switches service provider can not be contacted by the original provider for three months after the switch so how are they going to carry out the threat without being in breach of the deregulation laws?


  • Closed Accounts Posts: 2,188 ✭✭✭Ripwave


    The Muppet wrote:
    They may find it difficult to do so as legally a customer who switches service provider can not be contacted by the original provider for three months after the switch so how are they going to carry out the threat without being in breach of the deregulation laws?
    They don't have to contact you - they are legally entitled to suspend your broadband service, as you are clearly in breach of the contract. If you want to contact them about it, then that's alright.

    The only real question is whether you are still legally liable for the €29.99/month service fee while the service is suspended. And I wouldn't bet on the outcome of that argument!


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