Terms and conditions of a contract change - Type of Notification required?

phill106

Just had a query regarding this. I was under the impression that if a company I have a contract makes changes to the existing contract, I must be notified.
Would a Link on their website count as notification if I had not seen it?
Similarly a newspaper advertisement of which I did not know about?
It is in relation to the below regulation.


Under Regulation 17 of the European Communities (electronic communications networks and services)(Universal Service and Users’ rights) Regulations 2003 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.

dudara

A newspaper advertisement is usually considered satisfactory - it's how most changes to T&Cs are communicated.

TOSBack.ie is a website that currently keeps track on 32 terms of services pages. It might be worth subscribing to them rather than depending on these newspaper advertisements etc.

Thoie

dudara wrote: »

A newspaper advertisement is usually considered satisfactory - it's how most changes to T&Cs are communicated.

Apologies if this is the wrong place to discuss it, but while I do agree that's often what we sign up for, does everyone consider that reasonable? Given that most companies I have accounts with never seem to have any issue with sending me random post from time to time, shouldn't there be an obligation on them to write to their customers to tell them of changes?

dudara wrote: »

TOSBack.ie is a website that currently keeps track on 32 terms of services pages. It might be worth subscribing to them rather than depending on these newspaper advertisements etc.

Useful site, thanks.

whiterebel

Thoie wrote: »

Apologies if this is the wrong place to discuss it, but while I do agree that's often what we sign up for, does everyone consider that reasonable? Given that most companies I have accounts with never seem to have any issue with sending me random post from time to time, shouldn't there be an obligation on them to write to their customers to tell them of changes?

Yes, i agree. I was always told that silence could never be taken as acceptance of a contract.

dudara

Well actually it can be taken as acceptance in cases where your employer asks you to take a pay cut. If you don't object, then it's taken as assent to the pay cut.

Thoie

dudara wrote: »

Well actually it can be taken as acceptance in cases where your employer asks you to take a pay cut. If you don't object, then it's taken as assent to the pay cut.

Yes, but your employer tells you that you're getting a pay cut. They don't print it somewhere you may not see it, and then tell you the deadline to object already passed after you see your pay cheque.

cgarvey

Surely an ad in a national newspaper must be questionable at this stage?!

Mountjoy Mugger

UPC have used their website to notify customers of changes to it's Ts & Cs. No notice is given in the national press.

William Powell

It's really quite simple, if the original terms and conditions you signed up for say you'll be notified of any changes x days in advance of any change online at a specific web page then those are the terms and conditions.

If you check 3's t&c's for example they state that any changes will be notified here

http://www.three.ie/terms/customer_notification.htm

So don't expect to get a letter or see it in the papers if they make any changes.

Thoie

Thoie wrote: »

but while I do agree that's often what we sign up for, does everyone consider that reasonable?

William Powell wrote: »

It's really quite simple, if the original terms and conditions you signed up for say you'll be notified of any changes x days in advance of any change online at a specific web page then those are the terms and conditions.

My question was is that condition reasonable? Using your example of a mobile provider, mine manages to send me multiple text messages telling me that I've left the country, or that they have special offers, but can't text me to say my contract is changing once in a blue moon?

slimjimmc

Thoie wrote: »

My question was is that condition reasonable? Using your example of a mobile provider, mine manages to send me multiple text messages telling me that I've left the country, or that they have special offers, but can't text me to say my contract is changing once in a blue moon?

I think it is a reasonable term, but it's not necessarily one that is the most benefical to its customers.

I suspect mobile phone networks don't want to do text you of contract changes because that would only draw attention to the change and perhaps too many customers would take the opportunity to cancel the contract. Publishing a notice in a national newspaper or website puts the onus on the customer to check for changes whilst conforming to any legal or contracted methods of notice.

the groutch

how hard is it for them to send an email?

William Powell

Why? You read the small print didn't you?

We all know that the service providers are doing the minimum they are requied to do when notifieing changes, its in their best interests to do it that way because users don't read the small print and rarely check for updates on boring "small print" web pages, but I can't see why anyone who uses boards.ie regularly has any reason to complain as any major changes get posted by some disgruntled customer here very soon after then occur.


SUGGESTION:

Why not have a SERVICE PROVIDERS CHANGE OF T&C's NOTIFCATION THREAD, anyone can subscribe and get notification when another boardsie spots a change. Only problem is where would you put it? Consumer issues, Broadband, Midband or Mobiles & PDA's? Might even draw enough users to merrit a section all on its own. Nothing more satisfying than beating the service providers at their own game

buzz11

I see on www.tosback.ie that vodafone changed their pay monthly T&C on Oct-12, am I correct in assuming I just phone them and say I don't agree with new T&C's and then I can move operator?

Is it that simple?

I moved to them with their iphone deal in Sept but want to move back to meteor ever since, is this my escape clause?

William Powell

buzz11 wrote: »

I see on www.tosback.ie that vodafone changed their pay monthly T&C on Oct-12, am I correct in assuming I just phone them and say I don't agree with new T&C's and then I can move operator?

Is it that simple?

I moved to them with their iphone deal in Sept but want to move back to meteor ever since, is this my escape clause?

If the change is not here then the answer is probably no, maybe someone knows better?