Contract not complete (missing clauses)

Legacy_user

Hello,
I was looking at my mobile phone contract and I was wanting to check the entire thing but I came across a problem. the contract has A,B,C,D,E, 3, 4 and 5. In B it references clause 11 but I don't have a clause 11. This is the contract I signed when I took out the agreement. I have read over this a few times and it doesn't reference a web address as being the 'complete version' of this contract. The wording seems to indicate that this is the entire agreement.
So if there is no clause 11, am I able to infer anything I want? Is this contract null and void?
Basically I was looking for the termination parts. B outlines that if I terminate, I have to pay the minimum term as outlined in clause 11. If I have no clause 11, how do I proceed?

d123

tremault wrote: »

Hello,
I was looking at my mobile phone contract and I was wanting to check the entire thing but I came across a problem. the contract has A,B,C,D,E, 3, 4 and 5. In B it references clause 11 but I don't have a clause 11. This is the contract I signed when I took out the agreement. I have read over this a few times and it doesn't reference a web address as being the 'complete version' of this contract. The wording seems to indicate that this is the entire agreement.
So if there is no clause 11, am I able to infer anything I want? Is this contract null and void?
Basically I was looking for the termination parts. B outlines that if I terminate, I have to pay the minimum term as outlined in clause 11. If I have no clause 11, how do I proceed?

Ask your network for a full copy or ask where it can be downloaded from.

If you'd mentioned the network I'm sure someone here would have been able to point you to a download.

Jon_01

Can them and ask?

Termination follows the rule of amount you pay per month times the number of months you have left before the minimum term ends.

And, NO. Not having a few sheets of paper or a downloadable pdf does not null and void the contact.

System

But this is the agreement that was given me to sign in store. this is the agreement that I signed. surely that is the full extent of my legal agreement with them if this is what I was presented and signed? I thought that was how contracts worked.
If I call them and ask for a fuller contract, doesn't that mean I am agreeing to additional terms on top of what I am currently legally bound by?

Also, if my contract is actually more than what I have (I don't know how that could be possible since I didn't sign more than what I have) then how would I know which one?

mobilejunkie

When you order on-line you don't get to read or sign the t&c; it is assumed you've looked them up. You may not like the answers, but that's how it is.

I have no idea what your last paragraph even means. You agreed to a c0ontract for a minimum period and if you wish to cancel early you still pay for... the minimum period. It's not rocket science.

d123

tremault wrote: »

But this is the agreement that was given me to sign in store.

In terms of the law you should have read and queried any issues before signing the contract. Did you?

this is the agreement that I signed.

So you read and agreed with the contract and had no questions?

surely that is the full extent of my legal agreement with them if this is what I was presented and signed? I thought that was how contracts worked.

No, you agreed to their terms when you signed, if you didn't ask for a full set of the terms, or query any issues/missing pages that's on you.

If I call them and ask for a fuller contract, doesn't that mean I am agreeing to additional terms on top of what I am currently legally bound by?

You're already bound by them, no court would entertain a nonsensical notion that you not having a printed out page voids the contract (or you even being able to prove they didn't give you the pages).

Also, if my contract is actually more than what I have (I don't know how that could be possible since I didn't sign more than what I have) then how would I know which one?

That might need rephrasing, it doesn't read like English or make any sense...

System

What I mean is, if I were somehow agreeing to a contract that is online, that is not explicitly stated in the piece of paper I signed. if you're saying that the law doesn't care, then ok I have to accept that.
But I cannot find any contract. I've searched the account section on the vodafone website and I can't find any contract for the Red tarrif. there is no contract in my account summary and the terms and conditions section is confusing.
if you're saying the onus is on me to find out what they can claim I signed, then fine. I have to accept that. but all I know is, I signed this piece of paper and this is my agreement.

mobilejunkie

Obviously are so concerned now because it suits you to wriggle out of a valid contract. You should have read before agreeing to it and queried it then. You've had the answers several times over; you can keep going round in circles or live and learn.

System

Well when I'm constantly getting spam texts from the company I'm paying for services from and they are refusing to stop after I sent them a stop notification they are breaking the law and violating my rights, I don't feel too good about staying with them and yes, I will look for a way to end my business with them. I don't think that is unreasonable, but that is my own business and it shouldn't be necessary for me to divulge as I was only asking for an answer to a question.
It's not fair for you to cast judgement on me.

I just wanted to understand how contract laws work. the answers I got didn't seem to clearly address the question I had in my mind.
call me a simple girl, but I thought that a contract was signed between two entities and was a single piece of paper, then only that piece of paper was legally binding. I'm no lawyer so I wanted to find out.

d123

tremault wrote: »

But I cannot find any contract. I've searched the account section on the vodafone website and I can't find any contract for the Red tarrif. there is no contract in my account summary and the terms and conditions section is confusing.
.

Took me 10 seconds to find...

11. Ending this agreement
a. Either you or we may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your mobile number and your signature or appropriate security details. You must pay the charges during the notice period. You can stop using content services any time but you’ll still have to pay all bundle charges. You’ll need
to check with the content service provider on how you end your agreement with them.

b. Youmayendthisagreementbywritingtousif:
• we don’t do something fundamental that we should have done under this agreement, within seven days of you asking us in writing;
• youareunabletoconnecttoournetworkoryoureceivea severely degraded service compared to the typical service coverage you receive for an unreasonable period of time as set out in clause 10;
• we tell you that there will be an increase in the bundle charge above the RPI rate published in March of each year or we increase your bundle charge by more than once per calendar year and you write to us within one month of us telling you about the increase;
• we change this agreement (excluding the additional services) to your material detriment. This includes (i) increasing out of bundle charges which we shall calculate (acting reasonably and based on regulatory requirements) to determine whether such increases are likely to be to your material detriment (including how often you use the relevant out of bundle service); or (ii) materially changing or withdrawing services. We will tell you if this is the case. You need to write to us within one month of us telling you about the material change, withdrawal or increase. This does not apply if this is a change to or withdrawal of additional services not included in your bundle, which we and you can cancel (or stop using) without ending this agreement.

c. We may end this agreement at any time by writing to you if:
• youdoanything(orallowanythingtobedone)whichwethink may damage or affect the operation of our network;

within seven days of us asking you in writing, you do not do something fundamental that you have to do under this agreement (for example, pay the charges when they are due); or
• wearepermanentlyunabletoprovidetheservicestoyou.

d. When this agreement comes to an end:
• wewilldisconnectyourmobileequipmentfromournetwork;
• you will have to pay immediately early termination fees you owe on the date we disconnect your mobile equipment from the network (including any charges for third party services such as content services). This applies when this agreement ends, except if:
o we ended this agreement under clause 11a; or
o you ended this agreement under clause 11b; or
o we ended this agreement because we were permanently unable to provide the services to you.
In these three situations you do not have to pay early termination fees. However, you may have to make a payment for your mobile equipment. We will let you know in your order form or welcome note if you have to make this kind of payment for your mobile equipment and will tell you the original value on which that payment is based. The payment will be 1/24 of the original value of the mobile equipment, less any up-front payment you make towards it, multiplied by the number of months left until the end of your minimum period. You will make this payment to us as soon as we ask after the agreement comes to an end.

(Edit: it doesn't format very well when compared on iPad, best to read it at the link)

http://www.vodafone.co.uk/cs/groups/configfiles/documents/document/vfcon072758.pdf

if you're saying the onus is on me to find out what they can claim I signed, then fine. I have to accept that. but all I know is, I signed this piece of paper and this is my agreement

That applies to any contract you sign, legallly you shouldn't sign until you've read and fully understood the terms.

System

That contract says you have to be a business. I'm not a business, I'm a consumer.