Claranet T&Cs

alecpr

Just tried to cancel my Claranet account, which I paid annually and was pointed to the terms and conditions... apparently they don't give refunds, in fact according to the CSR I spoke too they have a "no refund policy".

They provide the service "as seen".

They can cancel your service for any reason without issuing a refund

If you cancel for any reason you are not entitled to a refund.

All in black and white on the website.

I am fighting it under the Unfair contract terms statutary instrument of 1999, it's not a great deal of money in my case, but it is possible for someone to be stung for £150 if they took certain services and paid anually.

I would strongly advise people against using what I thought was a reputable ISP and always check terms and conditions (especially the part about terminating the contract) before signing.

RightRevBod

Did you pay by credit card? If the total was over £100 you could try getting the money back from the cc company. If the terms are unfair, they will have a joint responsibility with Claranet.

alecpr

These are the terms that they apply are :

5.4 Claranet shall be able to terminate this agreement for any reason on giving the Customer a minimum of 1 month's notice at any time.

5.5 The Customer may terminate this agreement having given written 30 days notice by e-mail, letter, or fax. If terminating the agreement by telephone the Customer must ask for a cancellation reference number.

5.6 In the event of termination, whether initiated by the Customer or Claranet no refunds will be given on subscription charges, whether monthly , quarterly or annual.

My question to Claranet was

"I don't believe you addressed the main point in my previous e-mail (as per above), you do not consider that the contract causes significant imbalance in the parties' rights and obligations?"

I beleive it does, according to the Office of Fair trading this is the general rule that is applied. I've studdied the "non-exhaustive list" in the legal instrument and found 8 different areas where they appear to be in breach.

They also instruct you to cancel your account imediately if you disagree with any of the terms and conditions in their T&Cs (which they can change at will) and will not refund you for doing so.

How can they say you need to give 30 days notice but take subscription charges for 12 months?

My first e-mail was breif, stated the terms were unfair and quoted the office of fair trading, I got a reply quickly saying go away. They have become very quiet (despite two attempts to chase) since the second e-mail.

I haven't even started on their "as seen" service yet.... grrrrrrr.... you pay for a service which is "as seen", you pay for 12 months, realise the service is not at the level you would expect, tell them so and you lose your money. The T&Cs for this company, which apply to all their services are incredible, full of exclusion clauses and things the instrument regards as "unclear".

This company really has got my back up, but unfortunately I paid by debit card not credit card, so have no support from that side :-(

I promised my self I wouldn't rant!

alecpr

Took some chasing, but got my refund. Always check terms & conditions... lesson learned!