Quote:
Originally Posted by Mike_A
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...
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Excuse me - at what point have I explained Virgin's stance? Only Virgin can do that.
What I have posted in my own view on the terms and conditions laid out on the website - nothing to do with Virgin training, opinion, policy or anything else. I would have arrived at the same opinion no matter who I worked for.
And surely if a company is registed in England and Wales then it is that contract law that would apply, not Scottish law?
In fact the original Telewest terms specifically state:
This Agreement shall be governed by and construed in accordance with English law
---------- Post added at 00:38 ---------- Previous post was at 00:29 ----------
Quote:
Originally Posted by danielf
Ok, I haven't read the entire thread, but surely the original contract will state that VM/NTL/whatever can change the terms of the contract (and when they do this you can get out if you're locked in)? It seems to me that this would be normal (and even understood) practice in any contract that is not negotiated for a specified amount of time.
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Indeed it does. Virgin have to give 30 days notice of any change to the Terms or prices etc, and the customer has at that stage a right to cancel without penalty.
This section is made quite clear - Section J
Similar sections apply in all service agreements I have seen/been party to as a customer
It was section 63 in the original Telewest terms which the OP wants to return to
63. We may amend or vary the terms of this Agreement from time to time by posting an amended version of these terms and conditions to our Website (and any such amendment or variation shall be effective on the fifth day following such posting). However you will have the right to terminate this Agreement if the changes are significant as described in paragraph 73.
73. If, during the Minimum Period, we either increase our Charges by more than 10% (or, if greater, the then prevailing rate of inflation) or make significant changes to the Services, you may terminate this Agreement by giving us at least 30 days notice in writing. If you do not give us notice of your intention to terminate within 30 days of notification to you of such changes you will be deemed to have accepted the increase in Charges and/or the changes to the Service.