Fair Usage Policy

TeresaM01

I recently switched from BT to iTalk after taking a sales call promising the same internet speeds and unlimited data for less money a month.
After a couple of weeks active under iTalk, my speeds slowed down to the point I couldn't even open an email. iTalk said this was because I have reached my 'fair usage' limit of 60GB a month! They said I cant cancel as it was in the T and Cs. I would have to pay a cancellation fee of over £400 or upgrade to their actual 'unlimited' package for an extra £5 per month.
Ive read the T and Cs, it mentions a fair usage policy in the small print then refers you to their website for more info. Does the Consumer rights Act cover me to be able to cancel? I thought I am protected from unfair smallprint?

HappyMJ

60GB??? Unlimited!! Not on your life. I go through that every week and I don't even try. Am I really the 1% of people that use more than 2GB per day. That's not even one HD film....it's just one 45 minute episode....and that's it.

That took a while to find it....

The FUP* applies to italk Connect Broadband packages.
It is in place to ensure that we can continue to provide an acceptable standard of service in terms of download speeds, to the vast majority
of our customers.
We continually measure the performance of our services and take steps to restrict usage during peak periods which may contribute
significantly towards the risk of a reduced quality of service being experienced by the majority of our broadband customers. The peak
period is currently 9am to 11pm. The peak period may be subject to change dependent on usage patterns across the network.
Usage will be monitored on a continuous basis. Customers that exceed the permitted data download over a rolling 30 day period will be
affected by the FUP. This is currently defined as per the limits detailed below, although we reserve the right to amend these limits in
accordance with the terms of your Agreement.
Permitted data download over rolling period of 30 consecutive days
60GB of peak data download (9am - 11pm)
We expect that less than 1% of our customers will be affected by the FUP. Any Customers who are affected will be notified via email if
their speed is being restricted. Where possible, we will always endeavour to provide advance notification by email to Customers
approaching the limit.
Speed restrictions will only apply during peak periods. Should a Customer's usage return to acceptable levels, adjudged on a rolling 30 day
period, speed restrictions will be removed.

pappa_golf

so they will cap the speed for another 30 rolling days to check the usage before returning it back to full speed?

kwikbreaks

No....

Should a Customer's usage return to acceptable levels, adjudged on a rolling 30 day period

I thought only BT did this sort of thing with their ludicrously low cap packages designed to ensure plenty of income from overusage charges.

I would say that the only way out of early termination charges is to upgrade (ie pay more). That said the early termination charge sounds draconian and may exceed some guidelines or other.

AmIBeingRobbed

I am having the same issue with italk. Consider three points:
1. The Fair Use Limit is referred to in the Welcome Pack in four point text coloured light grey and not easily visible. It is possible a court may take a view the intention was to conceal a key term.
2. When I discovered the limit, I agreed with Italk to move to another Package without a limit at the same price providing the restriction was removed until the new service started. Italk then breached this agreement by reinstating the speed restriction. ITalk has now refused to remove the speed restriction.
3. The Fair Usage Policy sets a 60GB Limit - and it says when the limit is exceeded Italk will contact the Customer. It does not say the serviced will be restricted in any way.
In the circumstances I have taken the view that:
* Italk owe me compensation for the reduced level of service for two months
* The breaches are sufficiently serious to terminate the contract
I am awaiting Italk's response by Wednesday 12 noon

JJ_Egan

* The breaches are sufficiently serious to terminate the contract
I am awaiting Italk's response by Wednesday 12 noon


Don't terminate the contract without the ISPs agreement .They will probably pass the debt to an agency and may trash your credit record .

teddysmum

When chatting to a PlusNet call centre person, she told me that they had discontinued the capped packages as people were so easily caught in the 'overuse' trap and were not happy about the extra cost.

forgotmyname

I was on Plusnet Fibre 76MB and downloaded 600GB one month and the upload must have been similar. Setting up a family photo album with tons and tons of images uploaded to carousels, so you could scroll through them.

Changed the format several times and then added thumbnails also. Then i bought a 35mm and 110 negative slide scanner and the photo's kept coming..

Not something i want to do again. So repetitive... So many hours of insert slide, click, next photo click with between 3 and 8 on a strip. And so many strips...

Good news when we found some pictures that we thought were long gone.