HTC Desire Vodafone 500mb Fair Usage Policy

N20Y1D

Have just sent a mail off to consumer direct was limited to 2400 characters so was a very tight squeeze after i quoted T&Cs and only really touched the tip of the iceberg:

Last year I took out an 18 month contract with Vodafone for an handset the described as 'always online'

Part of the contract I was sold was an 'unlimited' internet package, T&C of which you will find below

41. All Vodafone live! services offered free or under unlimited subscription are subject to our fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If after we have informed you to moderate your usage, you fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate or to suspend or terminate your service in accordance with your airtime contract.

This has also been stressed numerous times by Vodafone employees on the companys eforum: http://forum.vodafone.co.uk/topic/57883-htc-desire-browsing-limit/page__view__findpost__p__379914

However Vodafone have now announced the scrapping of the FUP starting 1st June & they will now impose a £5 penalty for each 500mb you go over your limit by.

Under the current Vodafone terms and conditions, Clause 7.2. states that Vodafone may vary the agreement from time to time given 30 days notice, and that it gives me, the customer a right to refuse these changes and thus leave the contract without penalty, under Clause 11.


7.2. We can make changes to or withdraw Services at any time and we can make changes to and/or introduce new terms to this Agreement at any time. We will give you at least 30 days notice of these changes if we do and you may have a right to end this Agreement under clause 11.

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11.2. You may end this Agreement by writing to us if:

(d) we change this Agreement to your significant disadvantage including the change or withdrawal of Services (we will tell you if this is the case) and you write to us within one month of us telling you about the change. This does not apply where the change relates to Services which can be cancelled without termination of this Agreement.

Am I within my rights to cancel my contract as this change clearly leaves me at a significant disadvantage due to expected future use of mobile data on my handset via internet and other data driven applications on my phone?

danielz000

Are you allowed to cancel? That's the million dollar question... I'd say so... VF will say otherwise...

Tomorrow I'll be sending them a slightly modified version of the bitterwallet cancellation letter...

bym007

danielz000 wrote: »

Are you allowed to cancel? That's the million dollar question... I'd say so... VF will say otherwise...

Tomorrow I'll be sending them a slightly modified version of the bitterwallet cancellation letter...

Can you kindly post your "slightly" modified version of the letter here as well ?

bym007

N20Y1D wrote: »

.....

What address/link did you post it to? I would like to do the same!

N20Y1D

bym007 wrote: »

What address/link did you post it to? I woul dlike to do the same!

http://www.consumerdirect.gov.uk/contact?action=complain

danielz000

bym007 wrote: »

Can you kindly post your "slightly" modified version of the letter here as well ?

Thats up mate... See the other thread... I couldn't post the proper link... Also, I'm not sure what ending I will use yet...

Underworld_3

I just noticed this

This does not apply where the change relates to Services which can be cancelled without termination of this Agreement.

in 11.2(d) ..
As far as i understand, we cant end the agreement under this particular clause because the internet can be cancelled on its own.
am i right??

danielz000

Underworld wrote: »

I just noticed this
in 11.2(d) ..
As far as i understand, we cant end the agreement under this particular clause because the internet can be cancelled on its own.
am i right??

Well it says "This does not apply where the change relates to Services which can be cancelled without termination of this Agreement"... They're removing the FUP which to me suggests they're terminating the agreement and (trying) forcing you to accept a new one... I'm only guessing though...

DarkConvict

Only if you purchased it as an addon to your contract, but where the unlimited internet was part of your package then you can.

I.e. 500min+500texts+unlimited internet for £20 - Internet is a core service

Or 500texts+500texts for £15, with unlimited internet as a £5 addon. - Internet not a core service.

Its not core as you can cancel just the internet addon.
But in case of a package you have to cancel the entire package (contract)

Underworld_3

DarkConvict wrote: »

Only if you purchased it as an addon to your contract, but where the unlimited internet was part of your package then you can.

I.e. 500min+500texts+unlimited internet for £20 - Internet is a core service

Or 500texts+500texts for £15, with unlimited internet as a £5 addon. - Internet not a core service.

Its not core as you can cancel just the internet addon.
But in case of a package you have to cancel the entire package (contract)

thats what i was thinking...
Your Plan comes with 300 minutes + Unlimited Texts with Mobile Internet and Vodafone Passport (YPL 24PRM 300m Utx VP VMI)

I guess its included, because i got it from nokia retail..


Also, beware everyone... I noticed Vodafone CSA's are trying to draw everyone's attention only to the 10%, and ignoring the other clauses which are important too (for those who havent exceeded 500mb).. specially clause 11.2(d)...
Its not up to them to tell us whether we can cancel or not, or under which clause...