Quote:
Originally Posted by Turkey Machine
Hold on, on the last page it basically said "if you say nothing, you agree to a new contract". I don't think that's gonna hold up in court personally.....
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Would you prefer 'if you say nothing then we assume you don't want the new terms, but as we going to introduce them, then we are going to have to disconnect your services after giving you the required notice?'
A company couldn't function if they had to wait for several million customers to sign and return documentation every time the prices or terms changed!
Anyway, it's not a new contract in the sense that most people assume (i.e. a new minimum term) they agree to, but a change in the terms - with an option to exit that contract without penalty if they do not accept the new terms. The minimum contract period remains as originally agreed
---------- Post added at 10:17 ---------- Previous post was at 10:08 ----------
Just as a follow up about whether a variation term is fair:
http://www.oft.gov.uk/shared_oft/rep...ns-annexes.pdf
Original term judged unfair:
Sky may at any time vary or add to these Conditions as it deems
necessary.
Action taken and judged to be fair:
New term: [Sky may] change or add to Conditions … for security, legal or
regulatory reasons … We will give you at least one month's notice of any
changes or additions. We will not use this right to vary the terms of any
special offer which applies to you … you may end this contract at any
time … by giving one month's notice, if we tell you … we are going to
change these conditions.
http://www.oft.gov.uk/shared_oft/rep...oft311cons.pdf
Such a term is more likely to be found fair if:
there is a duty on the supplier to give notice of any variation,
and a right for the consumer to cancel before being affected
by it, without penalty or otherwise being worse off for having
entered the contract.
And (when talking about price changes)
Any kind of variation clause may in principle be fair if consumers
are free to escape its effects by ending the contract. To be
genuinely free to cancel, they must not be left worse off for
having entered the contract, whether by experiencing financial
loss (for instance, forfeiture of a prepayment) or serious
inconvenience, or any other adverse consequences