Quote:
Originally Posted by BenMcr
Those originally agreed terms include the right for the company to manage it's network as it sees fit
Again I point you the provision that has been in Telewest terms and conditions since 2001
This means that this right has been there since Telewest started providing broadband services, so will have been in your original contract!
EDIT: as for notification, the original Telewest terms has that covered as well:
So again, the original Telewest terms allow notification of measures to be put up on website - such as www.virginmedia.com/traffic. This website was avaliable BEFORE the Traffic Managment was officially introduced in May 2007 |
Yes, have that covered. See my previous post about Paddington Bear.
Ben and other VM people, I do appreciate the considerable effort you have spent attempting to explain VM's stance. It appears to me you have set it out with endeavour and accuracy
from the point of view VM staff are accustomed, trained and experienced in. That, I have to say, is commendable. Unfortunately, it does not equate with law (for Scottish law a good read of Walker on contract will quickly assist; English law is little different on the subject at hand). Between you, you have neatly set out the technical practices and obstacles and how VM interpret contract. My thanks. If only the great many of your colleagues were so enthusiastic...
Ben: again thanks for your feedback as regards change of contract. This is called variance. It does not make a new contract but comprises a mutually agreed varying after both sides have entered into a process leading to variance. Apologies if this sounds technical but law is far more abstract than the logic of technology. I prefer the simple right/wrong, on/off boolean logic, but law operates through evolution. I think that there's a saying that goes, "If ever you want to maintain respect for sausages and law, it's unwise to watch them in the making".
nfs: ages ago, maybe 2006/7 when VM were doing their takeover thingy.